Securities,
Civil Litigation,
Corporate,
California Courts of Appeal
Jan. 22, 2018
Ruling in Apple case provides shareholder litigation guidance
The decision gave derivative lawsuit guidance involving review demand futility claims, the Braddock rule, and the applicability of Caremark in California courts.





Richard S. Horvath Jr.
Partner
& Natsis LLP
litigation, business law
U Pennsylvania Law School
Richard has represented Fortune 200 companies and their directors or officers in scores of stockholder actions brought under federal securities law and state corporate laws.
At the end of 2017, the 6th District Court of Appeal issued a peremptory writ of mandate in Apple Inc. v. Superior Court of Santa Clara, providing guidance on three important questions of California corporate law. 2017 DJDAR 11709 (Dec. 12, 2017).
First, the court held that a superior court order overruling a demurrer based on a shareholder plaintiff's failure to make a demand should be reviewed through a ...
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