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Derivative Standing and The Internal Affairs Doctrine
The internal affairs doctrine is a “conflict of laws principle which recognizes that only one State should have the authority to regulate a corporation’s internal affairs—matters peculiar to the relationships among or between the corporation and its current officers, directors, and shareholders—because otherwise a corporation could be faced with conflicting demands.”

Jeffrey Haber
Jun 5, 20237 min read


When A Derivative Action Does Not Benefit The Corporation, A Settlement Should Not Be Approved
By Jeffrey M. Haber Jane is a shareholder in ABC Co. Over the past three years, the company has been losing money, due in large part to an increase in expenses. Jane learns the truth about the company’s financial condition and discovers that senior managers of the company are reporting their personal use of the company’s jet, cars and houses as a business expense. Because of management’s failure to properly report the use of company property, the company’s expenses have skyro

Jeffrey Haber
Dec 9, 20167 min read


When Assigning the Right to Pursue Relief, Always Remember to Assign Title to, Or Ownership in, The Claim
By: Jeffrey Haber. Whether a party has standing to bring a lawsuit is often considered through the constitutional lens of justiciability – that is, whether there is a “case or controversy” between the plaintiff and the defendant “within the meaning of Art. III.” Warth v. Seldin, 422 U.S. 490, 498 (1975). To have Article III standing, “the plaintiff ‘alleged such a personal stake in the outcome of the controversy’ as to warrant invocation of federal-court jurisdiction and to j

Jeffrey Haber
Oct 4, 20166 min read
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