Friday, April 17, 2009

Minor Friday Litigation Update: Cain v. Hassan, et al.


In the federal class action suit alleging that Compensation Committee Chairman Hans Becherer (and others) breached fiduciary duties prohibiting (among other things) "excessive pay" (resulting in an alleged waste of corporate assets) -- by, among other things, awarding CEO Hassan over $9 million worth of additional stock options, priced at $18.85, in early May 2008 -- all while CEO Hassan was very-publicly telling Wall Street, and the investing world generally, that his company's stock was unfairly "undervalued", the Plaintiffs lawyers here have begun to receive the early discovery documents I earlier mentioned, under the Polk matter.

In the state-court companion case to the federal Cain v. Hassan, et al., case (Case No. 08-1022), the time for Schering's appeal of a judge's ruling allowing the books and records of Schering-Plough to be inspected (back in December of 2008), has expired. Thus -- the relevant portion of that state-court order below [click to enlarge]. Sweet! Discovery is apparently well-underway in the state court version of Cain v. Hassan:



. . . .appeals [of this order] hav[e] run. . .

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