How to Define "Bad Faith" for a Board

On Board

, Corporate Counsel


Bad faith conduct in the boardroom is the fiduciary version of kryptonite. But a practical definition of bad faith conduct can be elusive.

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What's being said

  • not available

    Mr. Peregrine- thank you for the highly informative article.
    Mr. Killingsworth- what am I missing? What does a director's response should be "it's waaaay over there mean?

  • Scott Killingsworth

    Interesting cases and analysis and it is always good to have more information on exactly where the fiduciary bad-faith line is. But for any sitting director the answer always needs to be, "It's waaaay over there!"

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