Commercial Litigation in New York State Courts

Seyfarth’s Greg Markel authored Chapter 115, “Shareholder Derivative Actions”, in Thomson Reuters, “Commercial Litigation in New York State Courts”. Greg provides a thorough examination of shareholder derivative actions, beginning with an outline that provides the fundamental concepts and purpose of such actions. The chapter discusses the procedural aspects, including where and under what laws these actions can be filed. The demand requirement and strategies for pleading demand futility are explored in depth, offering insights into when shareholders can bypass this requirement. The use of committees in derivative litigation is analyzed, along with other prerequisites necessary to initiative such actions effectively. The chapter also covers defenses commonly used against shareholder derivative actions, as well as various procedural issues that may arise. Greg authored the inaugural edition and has since meticulously updated each subsequent edition, culminating in the current fifth edition of the book.

The full book can be purchased here.