In his Corporate Litigation column, Joseph M. McLaughlin, a partner at Simpson Thacher & Bartlett, writes that until the Delaware Supreme Court provides definitive word, managers and stockholders of Delaware corporations must make strategic decisions based on conflicting guidance on whether the law of the first jurisdiction to decide demand issues will govern whether successive stockholders seeking to relitigate demand allegations are in privity with the first stockholder.
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Preclusion in Derivative Litigation: New Uncertainty
New York Law Journal
August 9, 2012
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