Five years ago, I noted that the Nevada Supreme Court had adopted New York's more deferential approach for assessing special litigation qualifications in Auerbach v. Bennett, 393 N.E.2d 994 (N.Y. 1979) over that of the Delaware Supreme Court in Zapata Corp. v. Maldonado, 430 A.2d 779 (Del. 1981). In re DISH Network Derivative Litigation, 133 Nev. 438, 442-43, 401 P.3d 1081, 1087-88 (2017). Under Auerbach, a shareholder is not be permitted to proceed with derivative litigation after an special litigation...
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Nevada Supreme Court Affirms Choice Of New York Over Delaware
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