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Bribery › Demand Futility

Skadden, Arps, Slate, Meagher & Flom LLP

Implications of Walmart on Preclusive Effect of Demand Futility Decisions

Skadden, Arps, Slate, Meagher & Flom LLP on

In the recent opinion California State Teachers’ Retirement System v. Alvarez (Walmart), the Delaware Supreme Court addressed the preclusive effect of demand futility decisions rendered by one court on derivative litigation...more

Sheppard Mullin Richter & Hampton LLP

Under Delaware Law, the Occurrence of Alleged Illegal Conduct at a Company Is Not Enough to Plead Demand Futility Sufficient to...

Sheppard Mullin Richter & Hampton LLP on

In a shareholder derivative action, to survive a motion to dismiss for failure to plead facts showing demand futility, a derivative plaintiff must plead particularized facts showing either actual involvement by a majority of...more

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