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Publicly-Traded Companies Demand Futility

Faegre Drinker Biddle & Reath LLP

Like Delaware, the Third Circuit Will Now Apply De Novo Review to Demand-Futility Decisions

Twenty-four years ago, the Delaware Supreme Court clarified that de novo review was the appropriate standard of review for the Court of Chancery’s dismissal of a derivative case for failure to plead demand futility. Brehm v....more

Robson & Robson, P.C.

PA's “Universal Demand” Requirement: A Hazard For The Unwary Business Divorce Practitioner

Robson & Robson, P.C. on

Attorneys that represent shareholders of publicly traded companies in securities litigation are intimately familiar with the pre-suit demand required by the corporate law of many states. ...more

Farrell Fritz, P.C.

To Demand or Not Demand, “Futility” is the Question

Farrell Fritz, P.C. on

Under Delaware law, the decision to commence litigation on behalf of a corporation is, of course, a fundamental exercise of business judgment, which decision rests with the Board of Directors. A shareholder, therefore,...more

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