Shareholder derivative lawsuit

Qualcomm Inc.

On July 17, 2020, Bottini & Bottini filed a shareholder derivative lawsuit in the United States District Court for the Southern District of California against Qualcomm's Board of Directors and its CEO, Steven Mollenkopf. Qualcomm has zero African Americans on its Board of Directors and zero African Americans among its senior executives. Qualcomm's workforce is also only comprised of 1.5% of African Americans. In stark contrast to this lack of diversity, Qualcomm has repeatedly professed that it has strong policies and internal controls in place to ensure diversity at the company.

Facebook Inc.

“Most corporations do not have black people on their boards and few, if any, black people in senior management. This is part of the reason that we have a high level of racial inequality in the US.”

Oracle Corp

On Thursday, July 2, 2020, Bottini & Bottini, Inc,. and Renne Public Law Group filed a shareholder derivative lawsuit against the Board of Directors of Oracle Corporation in the United States District Court for the Northern District of California.

The complaint alleges that Oracle’s Directors, wishing to avoid public backlash, have repeatedly made misrepresentations in the Company’s public statements by claiming to have a multitude of policies, internal controls, and processes designed to ensure diversity both at the management level and the Board itself.

Google

La Jolla, CA. Sept. 25, 2020. Bottini & Bottini, Inc. announces a $310 million settlement with Alphabet, the parent company of Google, Inc., to resolve litigation related to sexual harassment and misconduct. The settlement, which provides for significant changes to company policy and commits the funding to diversity, equity and inclusion efforts, is the largest and most holistic settlement in a shareholder derivative case stemming from sexual misconduct or harassment.

A10 Networks Inc.

On June 24, 2015, Bottini & Bottini filed a shareholder derivative lawsuit on behalf of A10 Networks, Inc. in Santa Clara, California County Superior Court. The complaint alleges that, during the Relevant Period (April 2012 to the present), the Individual Defendants caused the Company to infringe patents and intellectual property held by Foundry Networks, which was subsequently acquired by Brocade Communications Systems, Inc. After being sued by Foundry and Brocade, A10 Networks was forced to pay $75 million to settle the case.

Marrone Bio Innovations

On October 14, 2015, Bottini & Bottini filed a complaint in California state court against officers and directors of Marrone Bio Innovations, Inc. and its auditor (Ernst & Young), alleging breaches of fiduciary duty and accounting malpractice related to false financial statements issued by Marrone. The Company has admitted that the financial statements were false and that the Company will be required to restate its financial results.

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