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In today’s business world, corporate directors are involved in many complicated decisions and, for the most part, if a decision (and the board’s decision-making process) is adequate, even if ultimately it is determined to be off the mark or dead wrong, board members are not subject to liability. This aspect of the business judgment rule affords directors a certain amount of freedom to make decisions regarding corporate matters so they can efficiently and effectively govern the complex affairs of the company. Directors cannot be “looking over their shoulder” and worrying whether they might be punished for a misstep.

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