Shareholder Litigation Course: Legal Strategies & Procedures

Course Description

This intensive 5-day course provides a comprehensive overview of shareholder litigation, focusing on derivative suits and class actions. Participants will gain in-depth knowledge of legal frameworks, procedural requirements, and strategic considerations in corporate disputes. The course covers case analysis, litigation strategies, and practical skills for managing shareholder suits effectively.

Learning Objectives

• Understand the legal basis and procedural requirements for shareholder derivative actions and class suits
• Analyze key cases and emerging trends in shareholder litigation
• Develop strategies for managing corporate governance issues and minimizing litigation risks
• Master techniques for drafting complaints, motions, and other critical legal documents
• Learn best practices for navigating the complexities of multi-jurisdictional litigation
• Gain practical skills in negotiation and settlement of shareholder disputes

Course Modules

Day 1: Foundations of Shareholder Litigation

• Introduction to shareholder rights and corporate governance
• Types of shareholder suits: derivative actions vs. direct claims
• Legal framework and jurisdictional considerations
• Standing requirements and the contemporaneous ownership rule

Day 2: Derivative Actions in Depth

• Demand requirements and futility exceptions
• The role of special litigation committees
• Pleading standards and motion practice
• Discovery challenges in derivative litigation

Day 3: Class Action Suits and Securities Litigation

• Class certification requirements and procedures
• Federal securities laws and their impact on shareholder suits
• Fraud-on-the-market theory and its applications
• Damages calculations and loss causation

Day 4: Litigation Strategy and Risk Management

• Developing effective defense strategies
• Managing parallel proceedings and multi-forum litigation
• Corporate indemnification and D&O insurance considerations
• Ethical issues in shareholder litigation

Day 5: Settlement and Alternative Dispute Resolution

• Negotiation tactics in shareholder disputes
• Structuring and approving settlements
• Mediation and arbitration alternatives
• Post-settlement issues and implementation

Practical Wins for Participants

• Ability to assess the merits and risks of potential shareholder suits
• Skills to draft compelling legal documents for shareholder litigation
• Strategies to advise clients on corporate governance best practices
• Techniques for negotiating favorable settlements in shareholder disputes