A Use the notes below of an interview with a client to write an email of advice. Use the example posted on the LMS.
Posted: Thu Apr 28, 2022 2:20 pm
A
Use the notes below of an interview with a client to write an email
of advice. Use the example posted on the LMS.
5 May
Client – Mr. Jason (A member of the Board of Directors)
Other party – Shareholders of Longfellow Inc.
Facts
A group of shareholders of Longfellow Inc. has filed an action in
the district court seeking to set aside the election of the Board
of Directors and the grounds that the shareholders’ meeting at
which they were elected was held less than a year after the last
such meeting.
Legal Issue
The legal issue in this case is whether the bylaws of the company
provide that no election of directors for the next year can be held
unless a full year has passed since the previous annual election
meeting.
Advice/Action
Courts are usually reluctant to second-guess the action of the
Board of Directors or to play the role of an appellate body for
shareholders unhappy with the business decision of the Board. Only
where there is a clear of serious breach of the directors’ duty to
act in good faith will a court step in and overturn the decision.
The facts in this case simply do not justify such a court action
and I therefore conclude that it is unlikely that the shareholders
will win the case.
no hand writing
Use the notes below of an interview with a client to write an email
of advice. Use the example posted on the LMS.
5 May
Client – Mr. Jason (A member of the Board of Directors)
Other party – Shareholders of Longfellow Inc.
Facts
A group of shareholders of Longfellow Inc. has filed an action in
the district court seeking to set aside the election of the Board
of Directors and the grounds that the shareholders’ meeting at
which they were elected was held less than a year after the last
such meeting.
Legal Issue
The legal issue in this case is whether the bylaws of the company
provide that no election of directors for the next year can be held
unless a full year has passed since the previous annual election
meeting.
Advice/Action
Courts are usually reluctant to second-guess the action of the
Board of Directors or to play the role of an appellate body for
shareholders unhappy with the business decision of the Board. Only
where there is a clear of serious breach of the directors’ duty to
act in good faith will a court step in and overturn the decision.
The facts in this case simply do not justify such a court action
and I therefore conclude that it is unlikely that the shareholders
will win the case.
no hand writing