Marquette University Law School Marquette Law Scholarly Commons Faculty Publications Faculty Scholarship 1-1-2013 The Duty to Think trS ategically Nadelle Grossman Marquette University Law School,
[email protected] Follow this and additional works at: http://scholarship.law.marquette.edu/facpub Part of the Law Commons Publication Information Nadelle Grossman, The Duty to Think trS ategically, 73 La. L. Rev. 449 (2013) Repository Citation Grossman, Nadelle, "The Duty to Think trS ategically" (2013). Faculty Publications. Paper 635. http://scholarship.law.marquette.edu/facpub/635 This Article is brought to you for free and open access by the Faculty Scholarship at Marquette Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Marquette Law Scholarly Commons. For more information, please contact
[email protected]. The Duty to Think Strategically Nadelle Grossman∗ ABSTRACT Under Delaware corporate law, directors and officers have a duty to oversee their firm’s management of risk to limit losses. Corporate law does not, however, require directors or officers to oversee their firm’s management of strategy to create gains. Yet, managing both risk and strategy is essential to a firm in creating value. In fact, as I argue in the Article, the current focus by courts and commentators only on risk management to prevent losses could actually undermine a firm’s management of its strategy for gains. I therefore propose a model for how Delaware corporate law can drive firms to manage their strategies for gains, in addition to their risk of loss, all to create value.