United States Second Circuit
Cohen v. Viray, 08-3860
In an objector's appeal from a settlement of a shareholder derivative suit, the order approving the settlement is vacated where the district court erred by approving the settlement because the settlement agreement impermissibly released and indemnified the company's former executives against all liability arising under section 304 of the Sarbanes-Oxley Act.
Appellate Information
- Decided 09/30/2010
- Published 09/30/2010
Judges
- Peter W. Hall
Court
- United States Second Circuit
Counsel
- For Appellant:
- Gary D. Sesser, Thomas G. Amon