How to Prepare: The Nuts and Bolts of Creating a Litigation Story
The late U.S. Sen. Daniel Patrick Moynihan often reminded his Senate colleagues that “everyone is entitled to his own opinions, but not his own facts.” Had Sen. Moynihan been a trial attorney, his mantra would have likely been, “in litigation, attorneys are entitled to rely on their own reading of the facts, but the only opinions that actually mater are those of the judge and jury.”
By Adam Rosenthal|November 29, 2017
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In a case involving allegations of unusually egregious conduct by directors of a Delaware corporation, the Delaware Court of Chancery in Kandell v. Niv, C.A. No. 11812-VCG (Del. Ch. Sept. 29) (Glasscock, V.C.) found that directors of FXCM, Inc. faced a substantial likelihood of liability for demand futility purposes on a claim alleging that they knowingly allowed FXCM to engage in an illegal business practice, despite the lack of allegations suggesting that the directors were ever explicitly notified that the practice was illegal.
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