One Judge's Clampdown On Premature Derivative Suits

Law360, New York (July 13, 2010, 1:48 PM EDT) -- In King v. VeriFone Holdings Inc., Vice Chancellor Leo E. Strine of the Delaware Chancery Court effectively barred the “costly” and “inefficient” shareholder plaintiff practice of shooting first and asking questions later — that is, of filing a derivative action against a company and then seeking documents from the company through a books-and-records action (a § 220 action) to support the derivative action. The decision could have a significant impact on the way in which derivative litigation is conducted.


A shareholder derivative action is brought...
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