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Delaware Courts Confirm High Standard for Breach of Oversight Duty Applies Equally to Officers and Directors

In the United States, corporate directors and, as confirmed by the Delaware Court in McDonald's Corp. Stockholder Derivative Litigation McDonald1, corporate officers owe, as a subset of their duty of loyalty, a duty to monitor and oversee the operations of a company. This duty of oversight is often referred to as the “Caremark” duty, named after the 1996 case establishing its parameters.2 A party seeking to bring a Caremark claim against a director and/or officer “must allege sufficient facts to support a reasonable inference that the fiduciary acted in bad faith.”3

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Quebec Adopts New "Right to Repair" and Obsolescence Law

The Québec government recently adopted Bill 29, an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods the Act, which introduces several substantive amendments to Québec's Consumer Protection Act CPA. The Act was assented to and came into force1 on October 5, 2023. These amendments impose significant new obligations on merchants and manufacturers.

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Generative AI Development: Canada Releases Voluntary Code of Conduct

The federal government has recently released its voluntary Code of Practice the Code relating to advanced generative artificial intelligence AI systems. The code identifies measures that organizations are encouraged to adopt when they are developing generative AI systems.

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