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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.

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Carillion plc

UK \u00b7 2018
FP3 \u00b7 Filtered informationFP1 \u00b7 Weak risk oversightFP9 \u00b7 Compliance formalismC2C3C11
What happened

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.

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Wirecard AG

DE \u00b7 2020
FP3 \u00b7 Filtered informationFP1 \u00b7 Weak risk oversightFP4 \u00b7 Passivity / deferenceC2C3C9
What happened

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.

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The Boeing Company

US \u00b7 2018 to 2021
FP1 \u00b7 Weak risk oversightFP3 \u00b7 Filtered informationFP8 \u00b7 Crisis unreadinessC3C8C12
What happened

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.

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Blue Bell Creameries (Marchand v. Barnhill)

US \u00b7 2015 to 2019
FP1 \u00b7 Weak risk oversightFP9 \u00b7 Compliance formalismC3C12
What happened

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.

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Volkswagen AG

DE \u00b7 2015
FP5 \u00b7 GroupthinkFP6 \u00b7 Incentive blindnessFP3 \u00b7 Filtered informationC9C6C7
What happened

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.

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Theranos

US \u00b7 2018
FP2 \u00b7 Skills mismatchFP3 \u00b7 Filtered informationFP4 \u00b7 Passivity / deferenceC4C5C12
What happened

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.

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Cases from France and Morocco are being added so that the corpus is not only Anglo-American.

Read the methodology the corpus informs.