"do anything to shut the rogue listing down when it found out (also need to establish when the company found out)"
I happen to know that some investors spoke with Surety about the fact that Worthington had listed on Berlin, just needs an Affidavit from all who told Surety.
If we assume Surety did know about the Berlin listing while the Feb run occurred , why didnt Warren Rothhouse a Worthington board member since October 2012 realize his responsibilities as a Director.
Heres a reminder what Directors are supposed to do.
? Under state corporate law, the duties of the board are embodied by the principle of fiduciary duty. ? The “duty of care” requires that directors make decisions with due deliberation. ? The “duty of loyalty” requires that directors act “in the interest of the corporation” (Delaware courts have interpreted this to mean “in the interest of shareholders”). ? The “duty of candor” requires that the board inform shareholders of all information that is important to their evaluation of the company.
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