Malpractice Alert - Is There a Business Judgment Presumption?

There's a high degree of deference paid to members of the board when evaluating a take over attempt. What they have to do is exercisea their business judgment. A, so for example, the board won't lose its jut business judgment rule protection for lack of due care unless the board's conduct amounts to gross negligence. There's a duty of loyalty, but the duty of loyalty is not what it used to be.