In a recent article, Agenda reported about how the Occupational Safety and Health Administration’s new rules that require companies with 100 or more employees to vaccinate workers or test for COVID-19 at least weekly pose potential threats to board members. The publication turned to corporate partner Doug Raymond for insight on how the rule would impact board members.
That regulatory action, if and when it goes into effect, may give stockholders and attorneys “a little bit of a bootstrap” to argue that complying with the rule is critical, said Raymond.
The article also shared how Delaware courts have recently allowed more claims that board members breached their oversight duties to move forward.
“I don’t know what a Delaware court does with that,” he said. But if the company does not comply with the mandate, “you could imagine a very unfortunate set of facts where all of these things came together, where some super-spreader type of event at a corporation could trigger this sort of claim if the board had been inattentive.”
The full article is available for Agenda subscribers.