Michael W. Peregrine is a Partner at McDermott Will & Emery LLP, and Charles W. Elson is the Founding Director of the Weinberg Center for Corporate Governance and Woolard Chair in Corporate Governance (ret.) at the University of Delaware. This post is part of the Delaware law series; links to other posts in the series are available here.
With the benefit of a half-year of hindsight, it is worthwhile to confirm the compliance and risk-related lessons arising from the two recent. Delaware decisions addressing the McDonald’s workforce culture controversy.[1] For notwithstanding their technical Caremark guidance,[2] it has become clear over time that these decisions offer very practical lessons for corporate leadership as to their oversight and decision-making duties
Implementing major fiduciary duty lessons often comes slowly to organizations, especially when they have compliance and risk overtones. But as to McDonald’s, it’s not too late to put those lessons into practice.