D. David COHEN, Intervenor-Appellant,
v.
Alvin VIRAY, Derivatively on Behalf of DHB Industries, Inc., Plaintiff-Appellee,
David H. Brooks, DHB Industries Inc., Sandra Hatfield, Dawn M. Schlegel, Jerome Krantz, Gary Nadelman, Cary Chasin, Barry Berkman, Larry Ellis, David Brooks International Inc., Terry Brooks, Elizabeth Brooks International Inc., Andrew Brooks International Inc., Jeffrey Brooks, Tactical Armor Products, Inc., Defendants-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Thomas G. Amon , Law Offices of Thomas G. Amon, New York, NY, and Brian J. Robbins , and Gregory E. Del Gaizo , on the brief, Robbins Umeda LLP, San Diego, CA, for Plaintiff-Appellee Alvin Viray, Derivatively on Behalf of DHB Industries, Inc.
Mark Holland ( Mary K. Dulka , on the brief), Goodwin Procter LLP, New York, NY, for Defendants-Appellees Barry Berkman, Cary Chasin, Gary Nadelman, and Jerome Krantz.
Jerome Gotkin , Mintz Levin Cohn Ferris Glovsky and Popeo, P.C., New York, NY, for Defendant-Appellee David H. Brooks.
Rachel Penski , Milbank, Tweed, Hadley & McCloy LLP, New York, NY, for Defendants-Appellees David Brooks International, Inc., Elizabeth Brooks International, Inc., and Andrew Brooks International, Inc.
Edward Himmelfarb ( Thomas M. Bondy , attorney, Appellate Staff Civil Division, Department of Justice, and David M. Becker , General Counsel, Richard M. Humes , Associate General Counsel, and Sarah E. Hancur , Senior Counsel, Securities and Exchange Commission, on the brief), for Tony West , Assistant Attorney General, Civil Division, United States Department of Justice, Washington, D.C. and Benton J. Campbell , United States Attorney, Eastern District of New York, Brooklyn, NY, for amicus curiae United States.
Before: HALL, LIVINGSTON, and CHIN, Circuit Judges.
United States Court of Appeals, Second Circuit.
HALL, Circuit Judge:
On appeal, intervenor-appellant argues principally that the district court erred by approving the settlement of the shareholders' derivative litigation brought on behalf of DHB Industries, Inc. against a number of its former officers and directors because the settlement agreement impermissibly releases and indemnifies DHB's former Chief Executive Officer and Chief Financial Officer against all liability...
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