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SHAREHOLDER DERIVATIVE ACTIONS

Should the dismissal of a shareholder derivative action based on the lack of a pre-suit demand on the corporation's board of directors be reviewed under an abuse of discretion standard? See “Court to address standard for reviewing dismissals of derivative suits” UBS Financial Services v. Union de Empleados, No. 12-1208.  Certiorari granted: June 24, 2013. Ruling below: ...