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Scott Fletcher Jones Day

Results 1 to 5 of 5



Derivative claims dismissed elsewhere cannot be relitigated in Delaware *

USA - April 19 2013
Last June, the Delaware Court of Chancery ruled that a shareholder derivative suit could be litigated in Delaware even after an identical claim had…

Co-authors: Michael L. Davitt, William S. Freeman , Robert W. Gaffey, Philip Le B. Douglas , James P. Dougherty .


Delaware court resuscitates a derivative lawsuit despite dismissal with prejudice in another forum *

USA - June 25 2012
On June 11, 2012, the Delaware Chancery Court ruled that a shareholder derivative case could proceed against the directors of Allergan, Inc., even after a federal court in California had dismissed with prejudice a parallel action based on identical claims.

Co-authors: John C. Tang , William S. Freeman , Andrew M. Levine , Eric Landau , Robert C. Micheletto .


Preliminary actions for companies facing securities litigation *

USA - September 13 2010
In the past decade, approximately 6 percent of all S&P 500 companies and nearly 2.5 percent of all companies listed on a major exchange were named as defendants in securities fraud class actions.

Co-authors: Jefferson T. Michael .


The importance of independent and disinterested directors for corporate litigation in Texas *

USA - April 21 2010
Directors of public companies often take comfort in the knowledge that they will be protected for their business decisions if they have no personal interest in a transaction and make a decision on an informed basis, in good faith, and in the best interests of the corporation.

Co-authors: Evan P. Singer, Patricia J. Villareal.


Fifth Circuit requires D&O insurers to advance defense costs to Stanford executives subject to judicial determination in parallel coverage action *

USA - March 19 2010
Executives of the Stanford Group alleged to have engaged in a massive Ponzi scheme won a preliminary - and perhaps temporary - victory in litigation against D&O insurers when the United States Court of Appeals for the Fifth Circuit affirmed a lower court decision and ruled that insurers must continue to advance defense costs until a judicial determination is made that the policy exclusion for money laundering applies.

Co-authors: Evan P. Singer, Samantha S. Cox.