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Category: Choice of Law

In Casey Capital, LLC v. Levy, the Commercial Division provides a cautionary tale for derivative shareholder plaintiffs alleging demand futility

Activist investors are an increasing presence on the stock ledgers and in the boardrooms of public companies.  Since 2010, one in seven companies on the S&P 500 has faced an activist shareholder challenge.[1]  But activists can encounter pitfalls when they seek to challenge incumbents through derivative litigation, as illustrated by the recent Commercial Division decision in Casey Capital, LLC v. Levy, C.A. No. 652805/15, 2016 N.Y. Misc. LEXIS 3107 (N.Y. Sup. Ct. Aug. 19, 2016) (Scarpulla, J.).

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