Shareholder Derivative Action

Sanchez Energy Corp.

Bottini & Bottini represents shareholders of Sanchez Energy Corp. in a shareholder derivative action pending in Delaware Chancery Court. The case alleges that the officers and directors of Sanchez Energy engaged in self-dealing and breached their fiduciary duties by engaging in transactions that benefitted themselves at the expense of the Company and its shareholders.

Apple Computer Inc.

Bottini & Bottini is lead counsel for Plaintiff in Klein v. Apple Computer, Case No. 5:14-cv-03634-EJD, a shareholder derivative litigation pending in the United States District Court for the Northern District of California (Judge Davila, presiding). The complaint seeks damages caused to Apple when Steve Jobs and Apple's other directors adopted and implemented unlawful "anti-poaching" agreements with other companies in Silicon Valley. Pursuant to the agreements, Apple and its competitors agreed to not solicit and hire employees from each other.

Express Scripts

On August 4, 2016, Bottini & Bottini filed a shareholder derivative action in St. Louis state court on behalf of Express Scripts, Inc. The claims asserted in the complaint are alleged against the Company’s Board of Directors as well as certain of the Company’s officers, including Chief Executive Officer (“CEO”) George Paz, President, Timothy Wentworth, Chief Financial Officer (“CFO”), Eric Slusser, Senior Vice President - Sales & Account Management, David Queller, and Executive Vice President and Interim CFO, James M. Havel.

BOFI Holding Inc.

By Order dated June 9, 2016, the Hon. Gonzalo P. Curiel of the United States District Court for the Southern District of California appointed Bottini & Bottini as Lead Counsel over four related shareholder derivative actions brought on behalf of Bofi Holding, Inc.

Wells Fargo and Company

On September 30, 2016, Bottini & Bottini filed a shareholder derivative action in San Francisco against various current and former officers and directors of Wells Fargo & Company. The complaint alleges that the officers and directors breached their fiduciary duties and violated Section 10(b) of the Securities Exchange Act of 1934 and engaged in insider trading in violation of the California Corporation Code in connection with their conduct related to Wells Fargo's Great Eight and Daily Incentive cross-selling efforts.

Chemed Corporation

On November 14, 2013, Bottini & Bottini Inc. filed a shareholder derivative action in the United States District Court for the Southern District of Ohio involving Chemed Corp. The complaint alleges that the Company's officers (CEO McNamara and CFO O'Toole) and directors breached their fiduciary duties by causing Chemed's VITAS unit to violate Medicare and Medicaid rules and regulations, and by causing Chemed to issue false and misleading financial statements to the public. A copy of the complaint is attached below.

Career Education Corporation

Bottini & Bottini, Inc. served as lead counsel for Plaintiff Amy Cook in a shareholder derivative action filed in federal court in Chicago.

Maxwell Technologies Inc.

PLEASE NOTE: This case has settled. Please click on "Settled Cases" for information concerning the settlement.

Bottini & Bottini, Inc. is co-lead counsel for Plaintiffs in a shareholder derivative action brought to remedy the wrongdoing committed by Maxwell’s directors and officers, and by Maxwell’s outside auditor McGladrey, between April 28, 2011 and the present. During such time, Maxwell filed financial statements with the Securities and Exchange Commission which the Company only recently admitted were false and misleading, and will have to be restated.

Hewlett-Packard Company

On November 30, 2012, Bottini & Bottini, Inc. filed a shareholder derivative action against various current and former officers and directors of the Hewlett-Packard Company, as well as Deloitte LLP and KPMG LLP, alleging breaches of fiduciary duty and other wrongdoing associated with Hewlett-Packard's acquisition of Autonomy plc and false and misleading statements the defendants caused Hewlett-Packard to issue during the Relevant Time Period, which is defined as August 19, 2011 to the present.

Career Education

Bottini & Bottini, Inc. is lead counsel in a shareholder derivative action against officers and directors of Career Education, Inc. The complaint was filed on December 22, 2011 and is pending in federal court in Chicago. By Order dated August 13, 2012, the Court denied Defendants' Motion to Dismiss and held that Plaintiff had adequately alleged demand futility and had standing to assert the claims alleged in the complaint on behalf of the Company. The case is currently in the discovery phase.

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