In thinking about the potential of this lawsuit for success, the October 2021 decision in the Marriott data breach-related derivative lawsuit needs to be considered. As I noted in a post at the time, Vice Chancellor Lori Will granted the defendants' motion to dismiss, ruling that the plaintiffs' obligation to make a pre-suit demand on the board was not excused. With respect to the plaintiff's breach of the duty of oversight claims under Caremark, Vice Chancellor Will specifically said that the "allegations in the complaint do not meet the high bar required to state a Caremark claim." In her opinion in the Marriott case, Vice Chancellor Will did say some things that the plaintiffs in the SolarWinds case may find to be helpful.