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Message: Re: Derivative Actions
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Sep 15, 2011 05:10PM
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Sep 15, 2011 09:26PM
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Sep 16, 2011 09:57AM
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Sep 16, 2011 10:35AM

Fut,

I have not contacted an attorney. So I can't answer the questions. Will it enhance PPS? At this point no. IMO Will it put money in shareholders pockets? This depends on the future yet to be played out. If there is no money left and the PPS has sunk to zero then I guess you would have to look at the D&O policy and do a risk reward on trying to get a few cents back.

This an interesting read:

http://dealbook.nytimes.com/2011/06/07/despite-worries-serving-at-the-top-carries-little-risk

The day-to-day management of a company is largely regulated by state law. Since most companies are incorporated in Delaware, this means Delaware law. And Delaware law on this matter sets an extremely high standard for finding directors and officers liable for a company’s mismanagement. A Delaware court is not going to find them liable no matter how stupid their decisions are. Instead, a Delaware court will find them liable only if they intentionally acted wrongfully or were so oblivious that it was essentially the same thing.

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Sep 16, 2011 12:07PM
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