Investor’s Failure To Plead Demand Futility Doomed Shareholder Derivative Claims

Mealey's (August 2, 2022, 9:09 AM EDT) -- ATLANTA — A federal district court did not err in dismissing an investor’s claims against a shareholder derivative lawsuit against a certain senior executives and directors of a workforce payment products company on claims that the defendants breached their fiduciary duty by misrepresenting the company’s business and financial condition in an effort to artificially inflate its stock price as part of an insider selling scheme because the investor failed to sufficiently show that pre-suit demand on the board would have been futile, an 11th Circuit U.S. Court of Appeals panel ruled in affirming on July 27....