Legal Question in Business Law in California

law suit against board of directors

What court do I bring a case against a board of directors for not representing the best interests of the shareholder. the company is headquarted in CA.


Asked on 1/14/09, 12:36 pm

3 Answers from Attorneys

Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: law suit against board of directors

The case is likely going to be a state court case, although depending on the amount in controversy and some other factors, it may be able to be brought in federal court.

As for the location where the suit can be filed, (jurisdiction and venue), that depends on a number of factors. Were there written agreements establishing a jurisdiction and venue in the event of a controversy? Where did the breaches occur?

This can be a very complicated area of law. If you are embarking on this kind of shareholder derivative suit, you should get an experienced business litigation attorney to assist you.

If you would like additional information, please contact me at your convenience.

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Answered on 1/15/09, 2:52 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: law suit against board of directors

I have experience with this type of litigation, including on a large scale. You need to hire an attorney to assess whether your case is actionable, whether it is a derivative or direct suit, and what your damages may be individually, and as a class of shareholders. It may be advantageous if a number of shareholders have the same experience. I am not as familiar with Florida laws as some attorneys I work with, but California has securities laws which give you more options in some ways than even federal securities laws, and I have experience litigating these securities laws in the context of board of director breaches of shareholders's rights. Please contact me to discuss.

Regards,

Daniel Bakondi

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 1/14/09, 12:56 pm
Daniel Harrison Berger Harrison, APC

Re: law suit against board of directors

Where do the board members live? You can probably file in California, but depending on where the board members live, you may have to file in federal court there. Are you still considering pursuing a claim?

Let us know if you have any further questions. We are business litigators based in Newport Beach, CA.

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Answered on 1/28/09, 7:26 pm


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