In Re Danaher Corporation Shareholder Derivative Litigation

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA IN RE DANAHER CORPORATION Case No. 1:20-cv-02445-TNM SHAREHOLDER DERIVATIVE (Consolidated with Case No. 1:20-cv- LITIGATION 02846-TNM) MEMORANDUM OPINION It is black letter law that a board of directors manages a corporation’s affairs. Derivative suits—when shareholders sue on a corporation’s behalf for wrong done to the corporation— therefore impinge on a board’s management prerogatives. The demand requirement balances the interests of directors in managing the corporation and the interests of shareholders in challenging abuses that…