Settlement, Derivative Suit, Board of Directors

Derivative Suit Exposure: More Art Than Science

Woodruff Sawyer on 5/1/2025

Derivative suits are a topic of discussion that continues to challenge directors, officers, and insurers alike. The issue is particularly fraught for individual directors and officers because Delaware-incorporated companies...more

Approval of US$237.5 Million Settlement in Boeing Derivative Action Demonstrates Impact of Section 220 Demand in ESG Litigation

K&L Gates LLP on 3/25/2022

In a derivative action In re Boeing Company Derivative Litigation, Boeing’s stockholders obtained approval from the Delaware Court of Chancery for a landmark US$237.5 million settlement of derivative claims targeting the...more

Inside the Courts – An Update From Skadden Securities Litigators - August 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 8/27/2020

This quarter’s issue includes summaries and associated court opinions of selected cases principally decided between February and June 2020....more

Does Caremark Apply To California Corporations?

Allen Matkins on 10/9/2019

Chancellor William T. Allen famously observed that a derivative claim based on a board's failure of oversight "is possibly the most difficult theory in corporation law upon which a plaintiff might hope to win a judgment." In...more

Delaware Court Of Chancery Dismisses Caremark Claim, Finding Consumer Class Action Settlement Was Not A "Red Flag" For Consumer...

A&O Shearman on 8/6/2019

On July 29, 2019, Chancellor Andre G. Bouchard of the Delaware Court of Chancery dismissed a stockholder derivative action asserting breaches of fiduciary duty claims against the directors of J.C. Penney Company, Inc. for...more

Home Depot Agrees to Settle Data Breach Shareholders’ Suit

Robinson+Cole Data Privacy + Security Insider on 5/3/2017

In a surprise move late last week, Home Depot has agreed to settle a shareholders derivative suit filed against current and former members of the Board of Directors and the Chief Executive Officer and Chief Information...more

Proxy Season Brings a Third Wave of “Gotcha” Shareholder Litigation

Pillsbury Winthrop Shaw Pittman LLP on 2/22/2013

Proxy season is upon us and the plaintiffs’ bar is demonstrating its resourcefulness by bringing a third wave of shareholder litigation. This new wave, which has not crested yet, consists of a return to derivative shareholder...more

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