Business Litigation Attorney in Oakdale, Minnesota

What is a derivative lawsuit?

More In This Category

View Transcript

when an owner of a company or
corporation has been wronged or there’s
been wrong to the company
that owner whether it be a shareholder
or a member can bring a claim can bring
a derivative action on behalf of the
company or corporation they essentially
step into the shoes of the corporation
of the company and so their power to
bring that claim is derived
so derivative from their ownership in
the company it’s a way in which
oftentimes minority members or minority
shareholders can have a checks and
balance on wrongdoing that those in
control of the corporation or company
have done to the company and it’s a way
in which
oftentimes a minority member minority
shareholder can ensure that there’s
redress for that wrong you’re stepping
into the shoes of the corporation the
company and it’s called a derivative
action because you’re driving your power
to do so from your ownership

Oakdale, MN commercial litigation attorney Brandon Schwartz explains what a derivative lawsuit is. He explains that when an owner of a company or corporation believes the company has been wronged, that owner—whether a shareholder or a member—can bring a derivative action on behalf of the company. In doing so, the owner essentially steps into the shoes of the corporation or company, and their authority to bring the claim is derived from their ownership interest. This mechanism often allows minority members or shareholders to act as a check on wrongdoing by those in control of the company, ensuring there is a path for redress. The action is called “derivative” because the power to pursue it comes directly from their ownership stake in the company.

More Videos From This Lawyer