While it is apparent that the maximum condition of the duty of loyalty exists in the context of a properly thorough analysis such as this one, the resolution of our foregoing hypothetical illustrates that, in its current state, it may not be sufficient to exercise the maximum condition in a courtroom context. However, as the rest of the very real facts in our hypothetical suggest, there may be a time in the not-too-distant future when the maximum condition of loyalty may be required and, if we do not bring it back into the parlance of modern corporate judicial discourse now, we may not have a robust enough catalogue of case law from which to pull it. It is for these reasons that I hope to urge a more thorough and oft-devoured analysis of the duty of loyalty in all its forms, so that we might make use of it when inevitably needed. Understandably, generalizing from the particular is a reasonably foreseeable consequence in corporate case law and no one would expect the bench to pontificate on matters not presently before the court. However, if we do not think beyond the case(s) at bar by proactively attempting to ensure the existence of the maximum condition of loyalty through both judicial rulings and secondary academic discussions, we may be damning it down the drain of stare decisis; left too weakened to call back up and therefore, never to be seen again.
