Contact the author:
Matthew H. McKinney, Esq.
BrownWinick Law Firm
Ruan Center, Suite 2000
Des Moines, IA 50309
mckinney@brownwinick.com
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Live Updates
- RT @ProfBainbridge: My article on reverse veil piercing used in ACA mandate litigation brief bit.ly/1baOMeK 1 week ago
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Tag Archives: Derivative Claim
PART II – 2013 Law Eliminates Statutory Authority to Recover Attorneys’ Fees in Derivative Litigation
PART II – 2013 Changes to the Iowa Business Corporation Act. This post addresses yet another substantive change to Iowa law – as adopted by the 2013 legislature – and which relates to the ability to recover reasonable attorneys fees … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Manager, Member, New Law, Officer, Partners, Partnership, Shareholder
Tagged Attorneys Fees, Business Dispute, Business Divorce, corporate dispute, Court Costs, Derivative Claim, Derivative Litigation, director liability, Iowa Attorney, Iowa Corporate Litigation, Iowa corporation, Iowa Lawyer, Iowa Legislature, Shareholder Liability, Shareholder Litigation
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Does the Lack of a Succession Plan Constitute a Breach of Fiduciary Duty?
On June 21, 2012, in response to Plaintiff alleging HP’s Board of Directors breached their fiduciary duties to the company and its shareholders by failing to implement a succession plan, the Delaware Court of Chancery explained that it is “not … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Manager, Member, New Law, Officer, Partners, Partnership, Shareholder
Tagged Board of directors, Breach of Fiduciary Duties, Derivative Claim, Derivative Litigation, director liability, Intra-corporate dispute, Iowa Business Law, Iowa Corporate Law, Iowa Directors, Iowa Intra-corporate disputes, Iowa litigation, Succession Plan
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Slow Down and Think Twice About Filing a Derivative Claim Before Trying to Inspect Books and Records
The latest case in a string of Delaware Court opinions raises - again - an interesting question regarding a derivative plaintiff’s ability to inspect a corporation’s books and records after he/she files a derivative complaint. In a November 30, 2011 opinion – Central Laborers … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Shareholder
Tagged books and records inspection, Corporation books and records inspection, Derivative Claim, Derivative Litigation, formal written discovery, Iowa Business Law, Iowa Corporate Law, Litigation discovery, Minority Shareholder, Proper purpose, Shareholder Dissent, Shareholder Litigation, shareholder's concerns, shareholder's questions, shareholder's rights
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January 28, 2011 Books and Records Inspection Opinion
On January 28, 2011, the Delaware Supreme Court issued an opinion relating to a derivative shareholder’s books and records inspection action. See the full opinion here. In the opinion, the Delaware Supreme Court focuses on what constitutes a “proper purpose” for inspection, a … Continue reading
5 Things You Should Consider Before Filing a Complaint Involving a Business.
5 Things You Should Consider Before Filing a Complaint Involving a Business.
Posted in Business Owner, Director, Litigation, Shareholder
Tagged Arizona Derivative Claim, Arizona Derivative Litigation, books and records inspection, Business Judgment Rule, Derivative Claim, Derivative Litigation, Direct claim, e-discovery, electronic discovery, Filing a complaint, Litigation Expenses
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Inspect First or Forever Remain Curious. . .
A possible new pre-requisite to filing a derivative complaint – conducting a books and records inspection If you are considering filing a derivative claim (an action on behalf of the business that is usually against management) consider conducting a records … Continue reading
Posted in Business Owner, Director, Litigation, Shareholder
Tagged Arizona books and records inspection, Arizona Derivative Claim, Arizona Derivative Litigation, books and records inspection, books inspection, Derivative Claim, Derivative Litigation, Shareholder Litigation, When to conduct records inspection
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