Shareholder Derivative Action: Litigation Demand on the Board and Demand Futility Memorandum
A pre-suit demand on the board in a Shareholder Derivative Action matter, or the memorandum establishing why demand would be futile.
This is the threshold question in derivative litigation and most dismissals happen right here. Prepared by an MC Law attorney and reviewed before delivery.
Frequently asked questions
The fee covers the finished document, filing-ready or send-ready as applicable, the supporting exhibits or attachments described in the scope, and a short cover memorandum explaining the choices made. It is fixed at this scope: one demand letter and memorandum. 2 rounds of revisions are included. If your matter falls outside that scope we tell you before starting and quote the difference — we do not bill past a flat fee without agreeing it first.
2 to 3 weeks from a complete set of instructions, plus time for the 2 rounds of revisions included in the fee. If you are working to a court deadline or a closing date, tell us when you order and we will confirm in writing whether we can meet it before you commit.
$6,025 is $325/hour × 18.5 hours — the time this deliverable takes in an ordinary shareholder derivative action matter, at the firm's standard rate. Because it is a flat fee, the risk of the work running long sits with the firm: you pay $6,025 whether it takes us the estimate or twice it.
Third-party costs are never inside a flat fee and are passed through at cost, never marked up: court and agency filing fees, court reporter and transcript charges, expert witness fees, search vendor and e-discovery hosting charges, process server fees, and travel.
A short description of the dispute and where it currently stands, the key documents, contracts, and correspondence, the parties involved and any deadlines already running, and the case caption and court, if a matter has been filed. Send what you have — if something is missing we will tell you what else we need before the turnaround clock starts.
Clients also order
Other Shareholder Derivative Action work MC Law prepares on a flat fee.
Shareholder Derivative Action: Answer
An answer to a Shareholder Derivative Action complaint, with every paragraph admitted, denied, or answered for lack of knowledge on purpose rather than by reflex.
Shareholder Derivative Action: Settlement Agreement and Mutual Release
A settlement agreement resolving a Shareholder Derivative Action dispute, with the payment terms, a release scoped precisely to the claims being resolved, and the confidentiality, non-disparagement, and no-admission provisions.
Shareholder Derivative Action: Initial Case Assessment and Written Evaluation
A written evaluation of a Shareholder Derivative Action matter before you commit to filing or defending.
Shareholder Derivative Action: Books and Records Inspection Demand Letter
A statutory inspection demand in a Shareholder Derivative Action matter, stating a proper purpose with the specificity the statute requires and scoping the request to what a court would actually order produced.
Shareholder Derivative Action: Complaint
A complaint for Shareholder Derivative Action drafted to survive a motion to dismiss, not merely to be filed.
Shareholder Derivative Action: Special Litigation Committee Response and Report Analysis
An analysis of a special litigation committee's independence, process, and report in a Shareholder Derivative Action matter, and the filings responding to its recommendation.