Does the business judgment rule preclude judicial review

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Question: The Court's decision leaves two issues unresolved: (a) should courts assess director compliance with the preconditions of the business judgment rule and their fiduciary duties on an individual director-by-director basis or on the basis of an analysis of the actions of the collective board? (b) does the business judgment rule preclude judicial review of the merits of decisions made by officers, as well as those of directors? How should a future court rule on those issues?

Reference no: EM133677247

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