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Expert Analysis

New Support For Joint Representation Of Co. And Directors

Law360, New York (February 9, 2015, 12:30 PM EST) -- When a shareholder seeks, by derivative litigation, to hold a corporation's officers or directors liable to the company, one of the first questions that arises for company counsel is whether the company and the individual defendants need separate counsel. A recent opinion from the Northern District of California confirms that, at least at the outset, the company and the individual defendants may be jointly represented. The decision in Voss v. Sutardja[1] shines a welcome ray of light into an otherwise murky area, and provides useful guidance to company counsel....

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