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Delaware Supreme Court Adopts New Three-Part Test for Demand Futility

There is a new demand futility test in Delaware, adopted on September 23 by the Delaware Supreme Court in affirming dismissal of a stockholder derivative action against Facebook, Inc. (Facebook) founder, Mark Zuckerberg, and...more

Legal or Not, it's Working: Mandatory Board Diversity for Publicly-held Companies Headquartered in the Golden State

Pamela Palmer, James Levine, Howard Privette and Samantha Burdick of Troutman Pepper Hamilton Sanders LLP discuss California’s newly enacted board diversity law and the legal challenges it faces. Originally published in...more

First Diversity-Driven Derivative Suit in Facebook Case Tossed by Northern District of California

As Troutman Pepper recently reported, the second half of 2020 brought a new wave of board diversity derivative litigation. These shareholder suits claimed boards of directors of public companies allegedly breached their...more

Board Diversity Podcast [Audio]

With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors faces increased scrutiny from the American public, legislators, and the plaintiffs’ bar....more

A New Wave of Board Diversity Derivative Litigation

With a hot national spotlight on issues of racial diversity, equality, and inclusion, the composition of corporate boards of directors is facing increased scrutiny from the American public, legislators and the plaintiffs’...more

Risky Business: Protecting the Assets of Directors

Directors and officers are exposed to potential liability from suits by the company, shareholders, and debt holders, among others. There are, however, a number of protections available to protect the assets of directors and...more

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