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Has the Business Judgment Rule Survived SOX, Enron, WorldCom and Disney?

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Has the Business Judgment Rule Survived SOX, Enron, WorldCom and Disney?

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— Todd Eskelsen, Sonnenschein Nath & Rosenthal and Robert Hensley, Dorsey & Whitney This panel of Don Frederick of USDA (Washington, DC) and corporate counsels Robert Hensley of Dorsey & Witney (Minneapolis, MN) and Todd Eskelsen of Sonnenschein Nath & Rosenthal (Washington, DC) will discuss the Business Judgement Rule (which provides broad discretion and protection to cooperative directors) and how recent developments like the Sarbanes-Oxley Act, the Enron and WorldCom scandals and recent court rulings, including the Delaware Supreme Court decision In Re Disney (Brehm v. Eisner), have changed the way cooperative directors should plan and act to avoid personal liability.

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