Delaware Chancellors May Kill the First to File Silliness of Derivative Class Actions

Delaware’s chancery judges are continuing to push back against the idea that the first law firm to file a complaint will win the role as class counsel in derivative claim class action litigation. Instead, they are pushing for pre-suit investigation and well done claims. One could wonder why it took so long for this day to arrive. But its arrival certainly seems real. Alison Frankel has the full story here. Change is a constant in the litigation industry.


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About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”


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