The Court of Chancery granted a motion to dismiss on December 14, 2023, in Segway, Inc. vs. Cai where the plaintiff, Segway Inc. (“Segway” or the “Company”), alleged a Caremark oversight claim against Judy Cai, the former president of the company.2 In the Court’s succinct memorandum opinion, Vice Chancellor Lori Will forcefully rejected Segway’s theory that “everyday business problems” could constitute a fiduciary’s breach of the duty of oversight or that there is a lower pleading standard when a Caremark claim is brought against an officer as opposed to a director. Instead, the Court confirmed the “enduring principles” of the Caremark doctrine that “[l]iability can only attach in the rare
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