Delaware's Duty of Care Analysis Threatens Entrepreneurial Risk-Taking
The article discusses whether the duty of care for corporate directors should be considered a fiduciary duty. It compares how this duty is viewed in the United States versus other countries, and argues that treating care as a fiduciary duty in Delaware has led to problems in enforcing it. The author suggests that distinguishing between loyalty and care duties more clearly through a statutory damages rule could help address these issues and protect the duty of loyalty from erosion.