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

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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

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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

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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

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5 Things You Should Consider Before Filing a Complaint Involving a Business.

5 Things You Should Consider Before Filing a Complaint Involving a Business.

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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

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