F5 Capital v. Pappas

(California Court of Appeal) – In a a shareholder derivative action on behalf of a company, alleging that individual members of the company’s board and affiliated entities improperly exploited their control of the corporation in entering into three separate self-dealing transactions, the district court’s dismissal of the complaint, concluding that the dilution claim was properly …

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ZF Micro Devices v. TAT Capital Partners

(California Court of Appeal) – In the third chapter of Silicon Valley litigation spanning more than 14 years involving a microchip company and its successor, alleging breach of fiduciary duty, the judgment entered on plaintiff’s cross-complaint against defendant is reversed where the court erred in submitting defendant’s statute of limitations defense to the jury, as …

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3123 SMB LLC v. Horn

(United States Ninth Circuit) – Reversing a district court dismissal for lack of subject matter jurisdiction a case involving potential jurisdictional manipulation and alter ego relationships between companies in a case where a new company’s state of residence was unclear because it hadn’t conducted any activity apart from incorporation.

Apple Inc. v. The Superior Court of Santa Clara County

(California Court of Appeal) – Issuing a peremptory writ of mandate and vacating the superior court’s refusal to apply the Braddock rule, requiring that the court assess demand futility as to the board in place when an amended complaint is filed in a corporate action, because the rule is consistent with relevant aspects of California …

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