shareholder derivative lawsuit

wendysCyber-breach related D&O lawsuits have not fared particularly well. Indeed, after the shareholder derivative lawsuit against the board of Home Depot was recently dismissed, it was unclear what the future direction for cybersecurity litigation against corporate officials might be. But though the future direction of this type of litigation is unclear, it seemed unlikely despite the poor track record that we had seen the last of these cases. Among other things, it seemed likely that entrepreneurial plaintiffs’ lawyers would continue to try to identify their litigation opportunity for these kinds of cases. As it has now turned out, we didn’t have to wait long for confirmation that despite the dismissals we had not seen the last of the cyber breach-related D&O lawsuits. 
Continue Reading Data Breach-Related Shareholder Derivative Lawsuit Filed Against Wendy’s

One of the more interesting recent developments in the world of corporate and securities litigation was the $139 million settlement of the News Corp. shareholders derivative suit. Not only is this settlement apparently the largest ever cash settlement of a shareholders derivative suit, but the entire amount of the settlement is to be funded by

Beazer Homes has announced in its December 22, 2009 filing on Form 8-K (here) that it has settled the subprime-related shareholder’s derivative lawsuit that had been filed against the company, as nominal defendant, and certain of its directors and officers. According to the filing, the case has been settled in recognition of the

In my recent subprime and credit crisis lawsuit status update (here), I commented that the defendants seemed to be getting the upper hand at the dismissal stage in many of these cases. Two recent dismissal motion rulings tend to corroborate this view. In addition, the defendants in the auction rate securities cases continue