DRAFT: each case is being verified against its primary source before publication.
Casebook
Where the failure patterns come from.
The ten failure patterns and twelve competencies were derived from documented board failures. This casebook shows a selection, each mapped to the patterns and competencies it illustrates and to the question a director should carry into their next meeting. It is provenance, not legal advice, and no case here is a judgment on any individual.
A construction and services group entered compulsory liquidation in January 2018 carrying large debts and pension liabilities. A joint inquiry by two House of Commons committees criticised the board's oversight of aggressive accounting, contract risk and dividend policy, and the assurance the board took from management and advisers.
What happened is public. What the board missed, the director's question and the primary source are available to signed-in members.
A payments company filed for insolvency in June 2020 after acknowledging that purported cash balances of about 1.9 billion euros could not be substantiated. A German parliamentary inquiry examined the failures of supervision, audit and regulation around the company.
What happened is public. What the board missed, the director's question and the primary source are available to signed-in members.
After two fatal 737 MAX accidents, shareholders brought an oversight claim against directors. In 2021 the Delaware Court of Chancery allowed the claim to proceed, finding it adequately alleged that the board had no board-level system for monitoring airplane safety, a mission-critical risk. The claim was later settled.
What happened is public. What the board missed, the director's question and the primary source are available to signed-in members.
A listeria outbreak linked to an ice-cream producer led to a recall and deaths. In 2019 the Delaware Supreme Court held that a board of a company whose central business risk is food safety must make a good-faith effort to put a reporting system for that risk in place; the absence of any such system could support a claim against directors.
What happened is public. What the board missed, the director's question and the primary source are available to signed-in members.
The group admitted in 2015 that diesel vehicles had been fitted with software to defeat emissions testing. Subsequent investigations and settlements examined a culture of pressure and deference and a supervisory structure in which challenge was rare.
What happened is public. What the board missed, the director's question and the primary source are available to signed-in members.
A blood-testing start-up whose board was composed largely of prominent figures without laboratory, medical or regulatory expertise. In 2018 the company and its founder were charged by the securities regulator with fraud; the founder was later convicted.
What happened is public. What the board missed, the director's question and the primary source are available to signed-in members.