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Forum (Forum & Focus)

Mar. 25, 2009

California Shareholders Are Less Able to Hold Corporate Officers Accountable

At a time when corporate regulation is facing critical scrutiny, a re-examination of special litigation committee decisions is needed.

FORUM COLUMN

By Henry D. Fetter and Thomas Doniger

News of wrongdoing by corporate officers and directors dominates the headlines and airwaves. If charged with misconduct in a derivative of action, the first line of defense for officers and directors is frequently the appointment of a special litigation committee to determine whether the action should proceed or be dismissed. At a time when corporate governance, regulation and law are facing crit...

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