GoPro, Inc.
Derivative Action Dismissed on the Basis of Failure to Plead Demand Futility
In an April 28 decision from Vice Chancellor Slights of the Delaware Chancery Court, a derivative action against the directors of GoPro,
Inc. was dismissed because the plaintiffs had neither made demand upon the
Board of Directors to take action nor adequately pled that making a demand
would be futile. The court would conclude that the plaintiffs had failed to plead
with particularity that a majority of the Board of Directors was unable, on a
disinterested basis, to consider a demand for action. In re GoPro, Inc. Stockholder Derivative Litigation, C.A. No.
2018-0784-JRS, 2020 WL 2036602.
Potter Anderson Corroon LLP has
published a review of this decision on its website; HERE IS A LINK to that posting.
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