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Derivative litigation

574 published works

  1. New York Attorney Malpractice Blog

    Legal Malpractice and Corporate Proceedings

    By Andrew Lavoott Bluestone

    Dixie v Scheer 2025 NY Slip Op 30167(U) January 11, 2025 Supreme Court, New York County Docket Number: Index No. 654690/2022 Judge: Andrea Masley is a chronocal of how an…

  2. Regulatory Oversight

    Securities Investigations and Enforcement Newsletter – January 2026

    By Jay Dubow, Ghillaine Reid, Keith J. Barnett, Dominic Cervoni, Joanna Cline, Seth Erickson, John Ford, Genna Garver, Tim Mast, Stephen C. Piepgrass, Megan Rahman, Michael A. Schwartz, Casselle Smith, Peter Villar, Mary Weeks, John West, Valerie Holder, Brian Nichilo, Bianca DiBella, Erica Dressler, Katie Hancin, Sophia Harmelin, Isabela Herlihy, Millie Krnjaja, Mike Matthews, George Phelan, Taylor Williams

    Troutman Pepper Locke's Securities Investigations and Enforcement team counsels and defends clients through all stages of securities enforcement proceedings. Our attorneys have served in key government agencies and regulatory bodies,…

  3. The Fiduciary Litigator

    The Texas Supreme Court Holds That Shareholders Of A Real Estate Investment Trust Did Not Have Standing To Assert Individual Claims Against The Trust’s Manager

    By David Fowler Johnson

    In In re Umth Gen. Servs., L.P., United Development Fund IV (“Trust”) was a Maryland real estate investment trust with over 12,000 shareholders. No. 24-0024, 2025 Tex. LEXIS 1029 (Tex.…

  4. Sidley Austin Blog

    Get Your Story Straight: Inconsistency in Plaintiff’s Allegations & Theories Dooms Complaint

    By Andrew W. Stern, Alexandra Bieler

    This past summer, in a decision that attracted little attention, Vice Chancellor David in the Delaware Court of Chancery tossed Joel B. Ritchie v. G. Leonard Baker et al., a…

  5. The D&O Diary

    Guest Post: A Side: A Coverage Scenario

    By Kevin LaCroix

    Sarah Abrams Side A coverage under the typical D&O insurance policy provides what could be a last line of protection of individual executives in certain circumstance. In the following guest…

  6. Sidley Austin Blog

    Potential Control Won’t Do: Court of Chancery Confirms Common Law Standards for Actual Control Regarding Challenged Transactions

    By Yolanda C. Garcia, Vincent J. Margiotta

    Recently, in Witmer v. Armistice Capital, LLC, Delaware’s Court of Chancery dismissed a stockholder plaintiff’s derivative suit against Armistice Capital, LLC, a large investor in Aytu Biopharma, Inc., for, among…

  7. The D&O Diary

    Guest Post: Massachusetts as a Safe Harbor from Derivative Suits

    By Kevin LaCroix

    Sarah Abrams Choice of law considerations in litigation can sometimes be outcome determinative. In the following guest post, Sarah Abrams takes a look at a distinctive statutory defense that may…

  8. Chicago Business Litigation Lawyer Blog

    Derivative Claims in Illinois: A Practitioner’s Checklist (and Common Traps)

    By Peter S. Lubin, James V. DiTommaso

    Summary: Derivative suits let owners enforce the company’s rights when insiders won’t. Done right, they’re powerful. Done wrong, they’re dismissed. Here’s a field guide for LLCs and closely held corporations.…

  9. The CLS Blue Sky Blog

    The Fight Over Musk’s Pay: Delaware Supreme Court Hears Arguments

    By Anat Alon-Beck, John Livingstone, Sophia Fisher

    On October 15, the Delaware Supreme Court heard arguments in In re Tesla, Inc. Derivative Litigation, more commonly known as Richard J. Tornetta v. Elon Musk, et al. and Tesla,…

  10. Sidley Austin Blog

    Delaware Court of Chancery Dismisses Derivative Challenge to The Trade Desk CEO’s Compensation Award Valued at $819 Million for Lack of Demand Futility

    By Jaime A. Bartlett, Madison J. Ferraro

    In re The Trade Desk, Inc. Derivative Litigation demonstrates the careful analysis the courts will engage in a Rule 23.1 demand futility challenge to assess both director independence and the…