IN RE WALT DISNEY CO. DERIVATIVE LITIGATION

C.A. No. 15452.

825 A.2d 275 (2003)

In re THE WALT DISNEY COMPANY DERIVATIVE LITIGATION

Court of Chancery of Delaware, New Castle County.

Decided May 28, 2003.


Attorney(s) appearing for the Case

Joseph A. Rosenthal, of Rosenthal, Monhait, Gross & Goddess, P.A., Wilmington, Delaware; Steven G. Schulman, U. Seth Ottensoser and Seth D. Rigrodsky, of Milberg Weiss Bershad Hynes & Lerach LLP, New York, New York, for Plaintiffs, of counsel.

David C. McBride and Christian Douglas Wright, of Young Conaway Stargatt & Taylor, LLP, Wilmington, Delaware; Ronald L. Olson, George M. Garvey, Mark H. Epstein and Jason L. Haas, of Munger, Tolles & Olson LLP, Los Angeles, California, for Defendant Michael S. Ovitz, of counsel.

Joel Friedlander, of Bouchard, Margules & Friedlander, Wilmington, Delaware, for The Walt Disney Company.

R. Franklin Balotti and Anne C. Foster, of Richards, Layton & Finger, Wilmington, Delaware, for Director Defendants.


MEMORANDUM OPINION

CHANDLER, Chancellor.

In this derivative action filed on behalf of nominal defendant Walt Disney Company, plaintiffs allege that the defendant directors breached their fiduciary duties when they blindly approved an employment agreement with defendant Michael Ovitz and then, again without any review or deliberation, ignored defendant Michael Eisner's dealings with Ovitz regarding his non...

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