Strategic Issues In Derivative Litigation Representation

Law360, New York (March 3, 2014, 2:05 PM EST) -- Shareholder litigation comes in waves. There is a widespread belief that the next big wave will be shareholder derivative litigation — a shareholder’s assertion of a claim belonging to the corporation, typically brought against directors and officers, alleging corporate harm for a board’s failure to prevent corporate problems.

Derivative cases filed as tag-alongs to securities class actions have long been commonplace, and frequently are little more than a nuisance. Over the years, there have been sporadic large derivative actions concerning other areas of legal compliance —...
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