Our runners up for Litigator of the Week include Gibson, Dunn & Crutcher partners Jason Mendro and Meryl Young, who won big for JC Penney, securing dismissal with prejudice of a derivative complaint in Delaware Chancery Court.
The case is noteworthy because it follows on the heels of the so-called “Blue Bell” decision (captioned Marchand v. Barnhill) by the Delaware Supreme Court. Commentators predicted it would expand liability in lawsuits like this one, where the company’s directors allegedly breached their fiduciary duty of loyalty by failing to oversee the retailer’s compliance with laws governing price-comparison advertising.
