This panel was a ninety-minute interactive event. Panelists from a wide cross-section of
perspectives discussed Zapata’s two-part
test for assessing a Special Litigation Committee’s determination to terminate
a derivative action. They explored the
composition, purposes, and authority of Special Litigation Committees (SLCs);
the initial purposes of Zapata and its evolution over the past 40 years; and
whether Zapata is working as intended or needs to be revisited. They discussed practical takeaways for SLCs
and lawyers on both sides of the “v” as they worked through these issues. Moderated by
Christine M. Mackintosh, Co-Chair of the Chancery Litigation Group at Grant
& Eisenhofer, the panel included:
- The
Honorable Joseph R. Slights III, Partner, Wilson Sonsini Goodrich & Rosati
and former Vice Chancellor, Delaware Court of Chancery
- Elena
C. Norman, Partner, Young Conaway Stargat_t & Taylor
- Mark
D. Richardson, Partner, Labaton Keller Sucharow
- David F.E.
Tejtel, Principal, Friedman Oster & Tejtel