Firm successfully invokes special committee report to dismiss derivative claims

Becker Glynn, representing the Special Committee of the Board of Directors of a technology company, secured the dismissal of derivative claims filed by a minority shareholder and former officer and director of the company, seeking damages based on alleged breaches of fiduciary duty, fraud and misappropriation of corporate opportunity.  The Court, applying the Zapata standard, found that the Special Committee had acted independently and in good faith in concluding that the claims should not be pursued, and agreed with the Special Committee’s recommendation that the claims should be dismissed.