Developments in Duties and Defenses

Recent cases in Texas have redefined fiduciary duties and the business judgment rule. This White Paper considers recent developments and explores the effect and exceptions for the business judgment rule and how it impacts shareholder litigation.

What is Covered

  • Fiduciary Duties and the scope of the Duty of Loyalty after Ritchie v. Rupe
  • The Business Judgement Rule as a Defense
  • Exceptions to the Business Judgment Rule
  • The Business Judgment Rule Procedurally--Pleadings, Burden of Proof, Summary Judgment, Jury Charge, Directed Verdict