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On January 7, 2022, a split panel of the United States Court of Appeals for the Seventh Circuit reversed the dismissal of claims under Section 14(a) of the Securities Exchange Act of...
Plaintiff's derivative suit alleged that Defendants made false and misleading statements in proxy materials from 2017 through 2019 in violation of Section 14(a) of the Exchange Act.
A recent ruling by the Seventh Circuit in Seafarers Pension Plan v. Bradway addresses the issue of where shareholder derivative lawsuits may be filed when the company at issue has a forum selection clause in its bylaws.
As discussed in a previous client alert (here), The Boeing Company (Boeing) has faced shareholder litigation arising from the fatal crashes of two 737 MAX airplanes.