This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.
Subscribe to the Daily Journal for access to Daily Appellate Reports, Verdicts, Judicial Profiles and more...

Transactions

Dec. 31, 2014

Don't ignore 'demanding' pre-litigation procedures

Recent cases from California and Delaware tell us that a shareholder's filing a derivative action without first complying with the pre-litigation demand procedures may result in a dismissal. By Lynda Chung


By Lynda Chung


Recent cases from California and Delaware tell us that a shareholder's filing a derivative action without first complying with the pre-litigation demand procedures may result in a dismissal.


In a derivative action, the plaintiff acts as the corporation's representative prosecuting the corporation's claim against third parties (often officers or directors of the company) who allegedly harmed the corporation. To attain "rep...

To continue reading, please subscribe.
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!

Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)

Already a subscriber?

Enewsletter Sign-up