I recently had occasion to review a number of motion-to-dismiss rulings, including some in which denial of the motion seemed to be an easy call. I’ve since been mulling over whether there are circumstances in which it would be strategically advantageous not to make a motion to dismiss in a Reform Act case, or a motion to dismiss for failure to make a demand on the board in a derivative case. I have never foregone such a motion, even when it was relatively weak. But is that the right strategic and economic approach?
‘Enforcement 40’ for 2020
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