Derivative Action For Shareholders
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FAQ
What are some examples of shareholder derivative lawsuits? Decisions made by the company that put the shareholders at financial risk. Conduct that instigates an investigation between the Department of Justice (DOJ), or other government entities. Insider trading. Corporate asset wasting. Accounting problems.
Pursuing a Derivative Action Shareholders must prove they will fairly represent the interests of the company; and. Shareholders must formally demand, in writing, the company's board take action on the basis of suspected misconduct.
Example: ABC Corporation CEO makes reckless decisions in several large corporate deals. These decisions have caused a significant decrease in stock price. Shareholders are angry and sue the CEO on behalf of the corporation. If the shareholders win, the corporation will receive a judgment against the CEO.
Examples of successful derivative actions may include lawsuits against directors or officers for mismanagement of funds, failure to divulge material information, or breach of fiduciary duty.
A shareholder derivative action is a legal action that is taken by one or more shareholders (owners) of a company, who act as representative plaintiffs. The shareholder plaintiffs actually file suit on behalf of the corporation that they own a part of.
