That would be questionable for sure.
I do think that it's all about what information was accessible for them at the time of the decision. What was the information that they could have asked to obtain before making the decision? What was the information that was probably protected under non-disclosure agreements, such as when they were having issues with the board members? Now we know why they left, but at the time of the decision, was that information available?
Those are the questions that we would normally ask senior officials. We'd ask what they did as a part of their due diligence and how they satisfied themselves.