Topic
Derivative litigation
574 published works
New York Attorney Malpractice Blog
Legal Malpractice and Corporate Proceedings
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…
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,…
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
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.…
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…
The D&O Diary
Guest Post: A Side: A Coverage Scenario
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…
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…
The D&O Diary
Guest Post: Massachusetts as a Safe Harbor from Derivative Suits
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…
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.…
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,…
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…