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Motion to Dismiss › Derivatives › Demand Futility

Cooley LLP

Derivative Plaintiffs Cannot Obtain Discovery to Plead Demand Futility, According to Chancery Court

Cooley LLP on

When a company experiences an adverse event, it and its directors and officers are often subject to multiple shareholder lawsuits and demands. These matters proceed on different timelines, creating scenarios in which...more

Allen Matkins

Dismissal Of State Court Derivative Action Yields Dismissal Of Parallel Federal Action

Allen Matkins on

I first wrote about the preclusive effect, if any, of a dismissal of a parallel derivative action some nine years ago when I wrote about Vice Chancellor J. Travis Laster's ruling in La. Mun. Police Emples. Ret. Sys. v. Pyott,...more

Morris James LLP

Court Of Chancery Applies Demand Analysis To Changed Board

Morris James LLP on

This is an interesting decision because it applies the demand rules in a derivative case to an odd situation — when some but not all of the board members have changed between when the challenged conduct occurred and when the...more

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