New World of Stockholder Litigation and Why Your Board Minutes Matter (4/28/2021)

Available: In Stock
Product No: 37539
Duration: 58.19 Hours
Publish Date : 4/28/2021

Item Description :

Please note - this purchase is for a digital download of the Learn Online Materials, including online viewing / download of the video presentation. 

BBA Member Price: FREE. Included as part of your membership
Non-Member Price: $100


Over the last decade, stockholder litigation involving Delaware companies has been transformed by a surge in the use of the “tools at hand” available to plaintiffs before filing suit—books and records inspection demands.  Now viewed by many as a form of pre-suit discovery, the rights of Delaware equity owners to obtain nonpublic information in advance of, and in aid of bringing litigation, have significantly expanded. With that expansion, plaintiffs have widened the use of books and records demands as a pre-litigation tool beyond derivative actions, to now include M&A litigation, activist challenges and a wide range of other contexts. 

Now more than ever, the content of board-level recordkeeping may determine whether a plaintiff’s pre-litigation access to nonpublic information will expand into the realm of emails and beyond, and even dictate whether a case dispositive motion to dismiss may be granted.  Our panelists of litigators and board-counsel discuss the recent trends and decisions shaping the current environment, as well as the practical implications for recordkeeping and drafting board minutes.


Kenneth J. Nachbar
Morris Nichols Arsht & Tunnell LLP

Michael D. Blanchard
Morgan Lewis

Amy Simmerman
Wilson Sonsini Goodrich & Rosati

Pricing :
Non-Member Pricing $100.00
BBA Member Pricing $0.00