Sichenzia Ross Ference Kesner Partner Sameer Rastogi and Associate Mendy Piekarski Author Article for Law360

Press Release – New York, NY – March 2, 2017 – Securities and Corporate Law firm Sichenzia Ross Ference Kesner LLP partner Sameer Rastogi and associate Mendy Piekarski authored an article published in Law360 entitled, “Removing Nevada Derivative Litigation To Federal Court.”  

The article reviews the implications of a recent district court decision, Gartner v. Pyatt, for directors and officers of companies incorporated in Nevada who are defending against shareholder derivative lawsuits.  Under the Gartner v. Pyatt decisionwhich SRFK attorneys successfully argued—shareholder derivative lawsuits against directors and officers of Nevada companies, which assert state-based claims like breach of fiduciary duty, will not categorically be restricted to Nevada state court under a jurisdictional rule called the “forum defendant rule.”  Rather, in the appropriate circumstances, where the company management is not antagonistic to the lawsuit, the case should remain in federal court. The advantages of litigating in federal court can include greater procedural amenability to a stay of discovery pending motions to dismiss as well as federal judges who may have greater exposure to corporate governance matters. 

Please view the PDF here: Removing Nevada Derivative Litigation To Federal Court

Sichenzia Ross Ference Kesner LLP

Sichenzia Ross Ference Kesner LLP

Sichenzia Ross Ference Kesner LLP is a nationally recognized securities and corporate law firm that provides experienced representation in all matters involving the securities industry. Super Lawyers consistently recognizes our attorneys as among the highest rated securities lawyers in the nation. Our attorneys specialize in advising clients on private placements, initial (IPOs) and secondary public offerings, alternative public offerings, preparation of SEC filings and listings on major capital stock exchanges such as the NYSE (New York Stock Exchange), NASDAQ and OTC markets. In addition, our litigation and arbitration attorneys are highly skilled in representing clients from routine lawsuits to complex cases before the SEC, FINRA and other tribunals.

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