For some time now, many commentators (including me) have been predicting that as a result of rising numbers of companies experiencing date breaches that there would be a resulting wave of D&O lawsuits. Indeed, there have been a small number of high profile data security-related D&O lawsuits filed. However, several of those cases – including, for example, the derivative lawsuits filed against Target (about which refer here) and Wyndham Worldwide (here) – have been dismissed. Following these dismissals, the sole remaining recent high-profile data breach-related derivative lawsuit was the one filed against the directors and officers of Home Depot. However, the Home Depot lawsuit has now also been dismissed as well. The spate of dismissals certainly raises a question about what we may expect with respect to future cybersecurity-related D&O lawsuits. A copy of Northern District of Georgia Judge Thomas Thrash’s November 30, 2016 opinion in the Home Depot derivative lawsuit can be found here.
Continue Reading Home Depot Data Breach Derivative Lawsuit Dismissed
The Curse of Multi-Jurisdiction Litigation: A Problem for Everyone, Not Just Defendants
One of the more distinct litigation phenomena in recent years has been the rise of multi-jurisdiction litigation, particularly in connection with merger objection litigation. Corporate advocates and defense attorneys have decried this development, as it has forced companies facing litigation to have to fight a multi-front war and to incur increased defense expense. At its
Delaware Supreme Court Blasts Chancery Court’s Controversial Refusal to Recognize California Court Judgment
One of the more vexing litigation problems to emerge recently has been the proliferation of multi-jurisdiction litigation, where corporate defendants are forced to litigate essentially the same claim in multiple courts at the same time. This problem is a particular issue in the context of M&A litigation, although not contained to those kinds of lawsuits.