Posts in Derivative Shareholder Claim.
Judge Kaplan Declines to Apply Business Judgment Rule Where Corporate Board’s Decision Lacked Rational Support
Key Takeaway: Where there were “serious questions” about the independence of a board and the good faith of its decision not to pursue a derivative suit against a former director, Judge Kaplan refused to apply the business-judgment rule (BJR).
Justice: Justice Kaplan
- Senior Editor, Co-Chair, Business Litigation Practice Group