Shareholder Derivative Suits

Shareholder Derivative Suits are suits brought by an existing shareholder on behalf of the company against the officers and directors of the company. The cause of action for this kind of suit is grounded on the allege breach of fiduciary duty. Because these kinds of suits are becoming increasingly common and they grow more risky, it would be wise to secure expert and competent lawyers to handle your derivative suit.

A derivative suit is more complex than a direct suit brought by a shareholder to enforce a claim based on the shareholder's ownership of shares. In direct suits brought about by shareholders, it involves suits relating to contractual or statutory rights of the shareholders, the shares themselves, or rights relating to the ownership of shares.

Such direct suits include actions to recover dividends and to examine corporate books and records which are straightforward compared to derivative suits. Hence, for your Shareholder Derivative Suits, our aggressive and experienced lawyers will help you protect your rights and pursue your claims against those who wronged you and the corporation, as well as, against those whose inactions caused damage to the shareholders.

Due to the complexities of Shareholder Derivative Suits, individual defendants are usually represented by attorneys other than the attorneys for the corporation. Also, the corporation may play different roles in a derivative suit. It may be an active party in the litigation, be entirely passive, or side with the individual defendants and argue that their conduct did not harm the corporation.

If you are not aware of these matters or if you secure the services of lawyers who are not well versed in litigating derivative suits, you might find yourself in a losing battle. Our expert corporate lawyers will be able to protect you and will fight for your right with such aggressiveness and with keen purpose in order to provide you with the best possible course of action for your claim and to force the corporation and teach it a lesson to be adamant in protecting your right as a shareholder.

Aside from breach of fiduciary duty, Shareholder Derivative Suits also encompass excessive officer compensation, proxy violations, option plan violations, related party transactions, misappropriation of corporate opportunities and corporate waste. It is therefore important to get to the facts quickly and make early strategic decisions about what procedures to use. Our expert corporate lawyers know what strategies to implement to force the erring parties to submit or at least provide you with the best possible amount of settlement for your claims.

Call now for a free evaluation of your case.


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