Lewis, 473 A.2d 805, 811 (Del. 1984) (overruled on other grounds by Brehm v. Eisner, 746 6 A.2d 244 (Del.2000)). Pursuant to Federal Rule of Civil Procedure 23.1, which governs derivative 7 actions, a shareholder's complaint must state with particularity "any effort by the plaintiff...
Companies and their directors and officers always face a risk of claims, but those exposures are particularly heightened when a company becomes insolvent or files for bankruptcy. Insolvency-related claims can come from creditors, shareholders, the bankruptcy trustee (particularly in the case ...