Shareholders who sue derivatively on behalf of a corporation are often faced with counterclaims against them as individuals. The issue of whether such counterclaims are properly interposed against a shareholder in their individual capacity is not typically a heavily contested issue in New York. However, this may soon change as a result of a recent decision in the case of Jean-Pascal Simon v. Francinvest, S.A., et. al., 2023 N.Y. Slip. Op. 32422[U] (Sup. Ct. N.Y. Co. July 7, 2023), where the court was confronted with arguments about the feasibility of such countersuits and ...
Recent Updates
- The Courthouse Banned Your AI Glasses: What New York’s Smart Glasses Rule Means for Litigants and Counsel
- Fall 2026 SCOTUS Preview: Cases to Watch
- Same Trade Secret Dispute, Different Injunction Standards: PCC Airfoils v. Daugherty, et al., and Forum Choice in Ohio
- ABA and FWA: Compliance Best Practices
- Regulatory Scrutiny in ABA: What Providers Need to Know About Compliance Oversight