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DEEP PHOTONICS CORP. v. LaCHAPELLE

(CC C114435CV) (SC S067853).

491 P.3d 60 (2021)

368 Or. 274

DEEP PHOTONICS CORPORATION, a Delaware corporation, Plaintiff, v. Joseph G. LACHAPELLE et al., Defendants. James Field and Joseph G. LaChapelle, Respondents on Review, v. Dong Kwan Kim, Petitioner on Review, and Daehong Technew Corporation, a Korean corporation, et al., Third-Party Defendants.

Supreme Court of Oregon, En Banc.

July 1, 2021.

Attorney(s) appearing for the Case

Kevin H. Kono , Davis Wright Tremaine LLP, Portland, argued the cause and filed the briefs for petitioner on review. Also on the briefs was P. Andrew McStay, Jr. , Portland.

Jeff S. Pitzer , Pitzer Law, Portland, argued the cause and filed the brief for respondents on review. Also on the brief was Charles J. Paternoster , Parsons Farnell & Grein, LLP, Portland.

Cody Hoesly , Larkins Vacura Kayser LLP, Portland, argued the cause for respondents on review and filed the brief for amicus curiae Oregon Trial Lawyers Association.

In this shareholder derivative action, we consider two issues: first, whether the breach of fiduciary duty claims brought by shareholders Joseph LaChapelle and James Field (plaintiffs) on behalf of Deep Photonics Corporation (DPC) against DPC directors Dong Kwan Kim, Roy Knoth, and Bruce Juhola...

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