Topic
Derivative litigation
572 published works
Delaware Corporate & Commercial Litigation Blog
New Treatise Entitled: “The Business Judgment Rule and Stockholder Derivative Litigation” by Stephen A. Radin.
I was delighted this week to receive a courtesy copy of the newest contribution, in hardback, to corporate law scholarship by Stephen Radin as an update to his iconic four-volume…
The D&O Diary
Delaware Court: Retention Provision Is Not a Related-Claims Exclusion
By Sarah Abrams
A frequently recurring coverage issue litigated in Delaware courts is the treatment of related claims and the consequences that flow from a determination that multiple proceedings are related. A recent…
Insurance Coverage Notes and Developments
California Federal Court Holds Insured v. Insured Exclusion Bars Coverage for Shareholder Derivative Action Brought by Former Director
By Jeffrey Ward
A D&O policy’s insured v. insured exclusion applies to a derivative action where the shareholder plaintiff was briefly a director of the insured company, according to the United States District…
Pennsylvania Business Divorce
You can’t back-date a derivative action into existence — even by settlement.
I like writing this blog. What I don't like is coming up with ideas for it. Pennsylvania courts just aren't pumping out business divorce cases with the frequency I'd like…
Commercial Case Notes
Because a Derivative Claim is Equitable, No Right to Jury Trial Even if the Action Seeks Money Damages
By John Lundin
On May 28, 2026, the First Department issued a decision in James Thomas Realty, LLC v. Cheliotes, 2026 NY Slip Op. 03362, holding that because a derivative claim is an…
Corporate Governance and Compliance
The Derivative Claim and the Majority Approval Trap
Can an LLC operating agreement strip a minority member of the right to sue derivatively—simply by requiring majority approval before anyone commences litigation “involving the Company”? An arbitrator in New…
Chicago Business Litigation Lawyer Blog
When the Wrong Done to Your Company Is Yours to Fix: Illinois Derivative Lawsuits Explained
By Peter S. Lubin, James V. DiTommaso
You find it by accident. A vendor mentions a company you have never heard of, and a week of digging shows that your co-owner has been routing the business’s best…
Sidley Austin Blog
Delaware Court of Chancery Dismisses Stockholder Claims as Derivative, Unripe, and Untimely
By Robin E. Wechkin, Madison J. Ferraro
On April 13, 2026, the Delaware Court of Chancery dismissed all 12 claims asserted in The Gregory M. Raiff 2000 Trust v. Jenzabar, Inc., 2026 WL 992587 (Del. Ch. Apr.…
The D&O Diary
Guest Post: Leveraging D&O Insurance for Shareholder Derivative Claims
Geoffrey Fehling Charlotte Leszinske One of the common situations in which D&O insurance is called into play is when a company’s board has been hit with a shareholder derivative lawsuit.…
Commercial Case Notes
Mixing Direct and Derivative Claims in a Complaint is no Basis for Dismissal so Long as Individual Claims are not Mixed
By John Lundin
10 April 16, 2026, Justice Boddie of the Kings County Commercial Division issued a decision in Hangquin Huang v. 40-70 Realty LLC, 2026 NY Slip Op. 31773(U), holding that mixing…