Recently, in the decision of Feuer v. Redstone, (Del. Ch. Apr. 19, 2018), the Delaware Court of Chancery considered a motion to dismiss brought in response to a derivative
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Demand Futility
Demand Not Excused When “Best Practices” Not Followed
By Fox Rothschild LLP on
When a derivative lawsuit is brought on behalf of a company, the derivative plaintiff will often times attempt to argue that demand upon the board would be “futile” in order…
Continue Reading Demand Not Excused When “Best Practices” Not Followed
Supreme Court Upholds Dismissal of Caremark Claim
By Fox Rothschild LLP on
In the recent opinion by the Delaware Supreme Court of Chancery in City of Birmingham Retirement and Relief System v. Good, No. 16, 2017 (Del. Supr. Dec. 15, 2017),…
Continue Reading Supreme Court Upholds Dismissal of Caremark Claim