Officers and directors may breathe a temporary sigh of relief following the recent dismissal of the Home Depot data breach derivative case. Others will look to the facts for guidance.

The complaint alleging the board had breached its fiduciary duties by “knowingly and in conscious disregard” failing to ensure that Home Depot took reasonable measures to protect its customers’ personal and financial information was dismissed with prejudice.  The November 30, 2016 ruling by the Northern District of Georgia acknowledged that this was an “incredibly high hurdle” to surmount, signalling for at least the second time that D&O claims in derivative actions face an uphill pleading climb.
Continue Reading Officers and Directors Spared Home Depot Data Breach Derivative Lawsuit