IN RE INFOUSA, INC. SHAREHOLDERS LITIGATION

Consol. Civil Action No. 1956-CC.

953 A.2d 963 (2007)

In re INFOUSA, INC. SHAREHOLDERS LITIGATION.

Court of Chancery of Delaware, New Castle County.

Decided: August 13, 2007.

Revised: August 20, 2007.


Attorney(s) appearing for the Case

R. Bruce McNew, of Taylor & McNew, LLP, Wilmington, DE, for Plaintiff Cardinal Value Equity Partners, LP.

Elizabeth M. McGeever and Laina M. Herbert, of Prickett, Jones & Elliott, P.A., Wilmington, DE; of Counsel: Lee D. Rudy, of Schiffrin Barroway Topaz & Kessler, LLP, Radnor, PA, for Plaintiffs Dolphin Limited Partnership I, LP, Dolphin Financial Partners, LLC and Robert Bartow.

Martin P. Tully, William M. Lafferty, and Jay N. Moffitt, of Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; of Counsel: Yosef J. Reimer and Sudwiti Chanda, of Kirkland & Ellis, LLP, New York City, for Defendant Vinod Gupta.

Donald J. Wolfe, Jr., Arthur L. Dent, Brian C. Ralston, and Kirsten A. Lynch, of Potter Anderson & Corroon, LLP, Wilmington, DE, for Defendants George F. Haddix, Vasant H. Raval, Bill L. Fairfield, Anshoo S. Gupta, Elliot S. Kaplan, Martin F. Kahn, Bernard W. Reznicek, Dennis P. Walker, Charles Stryker, Harold W. Anderson, and infoUSA, Inc.


MEMORANDUM OPINION

CHANDLER, Chancellor.

Before me is a complaint that tests the boundaries of the business judgment rule, the protection offered to defendant directors by Court of Chancery Rule 23.1, and the procedural rules by which a plaintiff brings a derivative complaint. After an activist shareholder petitioned this Court for access to books and records under 8 Del C. § 220, two plaintiffs brought separate lawsuits on behalf of infoUSA...

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