Technology permits near instantaneous assembly and transmittal of large volumes of data. Often, a clear understanding of what is driving the deadline is lost in the process. If not, taking additional time may well enhance liability protection. If a decision is challenged based on failure to exercise due care, the court or jury making the determination will probably not have the same ability to assemble, analyze and distribute data as does the board. Buying into the fallacy that, if the board can't do everything, it shouldn't do anything.
Expert opinions are costly.
Boards predisposed to seeking an expert opinion are often dissuaded by the costs. Often, this is an understandable exercise of stewardship over corporate funds. However, a decision that the usual kind of protective opinion is not cost-justified should not end the board's inquiry. Invariably, there are less expensive fallback positions that will provide significant proof of duty of care compliance. Fairness opinion costs vary widely and generally are based upon the balance sheet strength of the company rendering the opinion, rather than the due diligence and analysis involved.