Ideally, a derivative suit
should take into account these "other" constituencies (37).
23) Through a combination of creative pleading by plaintiffs, forgiving amendments by legislatures, and lenient interpretations by courts, (24) such dire predictions did not come to passes and indeed it was not long before commentators proclaimed the revival of the derivative suit
Academics and practitioners now recognize the likelihood that litigation, similar to CalSTRS's derivative suit
, will follow allegations of FCPA violations.
Advertisements for participation in shareholders derivative suits
have traditionally been published in the Wall Street Journal," Baker says.
Second, the dataset includes a number of cases that may not reflect the typical derivative suit
the case of a shareholder derivative suit
, lead plaintiffs may not have
So, in a derivative suit
, you can't run the risk of going to trial.
There's a debate over to what extent can a derivative suit
really be covered.
the court held a D&O policy did not provide coverage for an investor's securities fraud action and related shareholder's derivative suit
for the corporation's failure to disclose of pollution activities; the D&O policy excluded loss "arising out of" actual discharge of pollutants.
7) One factor supporting this transformation (8) was the use of the shareholder derivative suit
system to buttress the increased emphasis on an independent and effective board of directors.
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