Delaware Business Litigation Report

District Court Upholds Option Complaint

Halpert v Zhang, C.A. 12-1339-SLR (August 1, 2013)

This federal decision illustrates when a complaint does state a proper derivative claim because it alleges that a majority of the Board violated a clear restriction on its right to award stock options. Such violations of an option plan are akin to violations of the law that are almost always beyond the business judgment of the directors to do.

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