One of the many claims brought by the plaintiffs in the In re Plug Power Inc. Stockholder Derivative Litigation challenged the adequacy of board reporting and monitoring systems for responding to SEC comment letters — alleging inadequate oversight under Caremark. Here’s the factual background from this Stinson blog: The Company received five comment letters from the SEC between mid-2018 […]

Del. Chancery Dismisses Caremark Claim Regarding SEC Comment Letters