In January 2018, the media began reporting on two security vulnerabilities affecting Intel Corporation's microprocessors - dubbed "Spectre" and "Meltdown". Following these disclosures, Intel's stock price fell and its market capitalization...
California Court Of Appeal Finds Caremark To Be Too Steep A Hill For Plaintiff To Climb
Posted on March 28, 2022
Federal Court Applies Demand Excused Test When Demand Was Allegedly Made
Posted on March 17, 2022
I must confess that I confess that I am nonplused by a recent ruling by U.S. District Court Judge James A. Teilborg in SinglePoint Direct Solar LLC v. Curiel, 2022 U.S. Dist. LEXIS 19880. The case involved, among other things, a derivative claim...
Unsuccessful Derivative Plaintiff Found Personally Liable For Defendant's Attorneys' Fees
Posted on June 04, 2021
I expect that most plaintiffs in derivative actions do not expect to pay a defendant's attorneys' fees if they lose because under the "American Rule" each side pays their own attorneys' fees, regardless of who wins. A contract may, of course,...
Shareholder Derivative Suit Or Derivative Action?
Posted on August 25, 2017
I have long puzzled over the question of which is correct - "derivative suit" or "derivative action"? Historically, the term "suit" was used for proceedings in equity. California courts have generally regarded shareholder derivative claims as...