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Re: Biobillionair post# 279162

Wednesday, 06/10/2020 1:20:31 AM

Wednesday, June 10, 2020 1:20:31 AM

Post# of 429056
In order to have standing in a shareholder derivative action, you would need to be a shareholder. If a shareholder derivative lawsuit was actually filed, the shareholder plaintiffs need to have total shares valued at $250K or more, in order to avoid having to post a bond. One would not have to own shares in order to be plaintiff in a direct action.

Shareholder derivative claims are breach of fiduciary duty, legal malpractice, requests for equitable relief relating to the operation of the company. Any monetary recovery for such claims go to the company, not the shareholder plaintiffs.

A direct action would be based upon fraud/misrepresentation, and would be designed to recover individual shareholder losses.
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