In re CytRx Corp. Stockholder Derivative Litigation II, C.A 11800-VCMR (February 22, 2017)
When asked to choose the lead plaintiff and class counsel, the Court of Chancery applies the well-known Hirt factors. As this decision demonstrates, the Court also will place some significant weight on which of the competing plaintiffs used a books and records inspection to bolster its complaint, rather than just relying on the financial press.
