This blog previously has discussed fiduciary duty claims in the shareholder-derivative context.  Courts in derivative suits frequently address fiduciary duty questions, especially where the dispute involves a small, closely-held family corporation.    Yet another recent decision of the Appellate Division, First Department, deals with fiduciary duties in a derivative action:  Newman v. Newman, 202 A.D.3d 442…

Breach of fiduciary duty questions often arise in shareholder derivative actions.  These lawsuits involve a shareholder of a corporation who files suit derivatively—that is, on the corporation’s behalf rather than in her own individual capacity—to recover for some alleged wrong done to the corporation itself.  In such cases, the directors of the corporation often have…