M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Thursday, January 24, 2013

Demand ... refused

For all you law students out there who are mystified by the procedural niceties of derivative litigation (actually, I should include a pile of politicians and media types in this group as well), AIG has filed a copy of its demand refusal with the SEC.  It's right here.  You'll also find a copy of the plaintiff's demand letter that kicked this whole thing off.  I'll probably be using these materials in the future when I next walk through derivative litigation.

What does the filing tell us?  Well, after plaintiffs filed their demand that the board took its time and didn't rush its decision with respect to the litigation.  When it took up the litigation, it had informed itself of the issues and decided that pursuing Starr's claims in any form wouldn't be in the best interests of the corporation.  That's pretty straightforward.



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