David Kistenbroker

David Kistenbroker

Dechert LLP

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Seventh Circuit Increasingly Problematic for Directors and Officers Defending Shareholder Derivative Suits

With its recent decision in Westmoreland County Employee Retirement System v. Parkinson, et al., the United States Court of Appeals for the Seventh Circuit has confirmed that the courts of the Seventh Circuit can be a...more

9/12/2013 - Board of Directors Business Judgment Rule Derivative Suit Directors Officers Shareholders

Ninth Circuit Rules that Say-On-Pay Suit Belongs in State Court

In a recent ruling, the United States Court of Appeals for the Ninth Circuit concluded that certain related shareholder derivative suits arising out of a say-on-pay decision involving Pico Holdings, Inc. (the “Company”) were...more

8/14/2013 - Board of Directors Derivative Suit Dodd-Frank Executive Compensation Fiduciary Duty Jurisdiction Removal Say-on-Pay

Defending Section 162(m) Executive Compensation Derivative Suits in the United States

Decisions regarding executive compensation fall squarely within the discretion of a public company’s board of directors. Recently, however, plaintiffs’ firms have been trying to invade the board’s purview by bringing...more

2/12/2013 - Board of Directors Business Judgment Rule Derivative Suit Executive Compensation Fiduciary Duty Section 162(m) Shareholder Litigation

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