case United States English original

Zapata Corp. v. Maldonado

Delaware decision on special litigation committees and judicial review of a board committee's attempt to terminate derivative litigation brought in the corporation's name.

Use It For

Use this after Aronson to compare pre-suit demand futility with later board efforts to regain control of derivative litigation.

Teaching Notes

The case gives students a procedural map for asking who speaks for the company once the shareholder has already put the company into court.