Corporate Litigation

Preclusion in Derivative Litigation: New Uncertainty

, New York Law Journal


In their Corporate Litigation column, Joseph M. McLaughlin and Yafit Cohn of Simpson Thacher & Bartlett write: Until the Delaware Supreme Court provides definitive word, managers and stockholders of Delaware corporations must make strategic decisions based on conflicting guidance on whether successive stockholders are barred from seeking to relitigate demand futility allegations.

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