In a decision calling for caution in adhering to the presumption that corporate directors are independent disinterested actors, the Delaware Supreme Court voted 4-1 to revive a derivative suit against the directors of social gaming company Zynga Inc.
In an opinion by Chief Justice Leo E. Strine Jr. the en banc court said that although pleading was spotty, a dissident shareholder was entitled to an inference in his case that the majority of the company’s board could not have remained impartial in considering a pre-suit litigation demand.
