Shareholder Derivative Action

Live Nation Entertainment

On June 21, 2024, Bottini & Bottini filed a shareholder case on behalf of its client against the board of directors of Live Nation Entertainment. The complaint asserts claims for breach of fiduciary duty and aiding and abetting breach of fiduciary duty against the board and Defendant Leiweke, and alleges that in the years following the Live Nation/Ticketmaster merger, Live Nation’s officers and directors cause Live Nation to engage in anticompetitive conduct and antitrust violations in defiance of a consent decree with the Department of Justice.

TuSimple Inc.

On behalf of their clients (shareholders in TuSimple, Inc.), on December 22, 2023 Bottini & Bottini and its co-counsel Bernstein Litowitz Berger & Grossman LLP filed this case against several TuSimple directors, Hydron, and Nominal Defendant TuSimple for violations of the Defend Trade Secrets Act of 2016 (the “DTSA”), the California Uniform Trade Secrets Act (“CUTSA”), and civil conspiracy. The case is pending in the United States District Court for the Northern District of California.

Hawaiian Electric Industries Inc.

On September 11, 2023, BOTTINI & BOTTINI, INC. and TAMASHIRO SOGI & BONNER filed the first lawsuit seeking to hold the Board of Directors of Hawaiian Electric liable for the tragic loss of life and property due to the Maui Fire on August 8, 2023.

The case -- Rice v. Connors et al., Case No. 1CCV-23-0001181, is pending in Honolulu, Hawaii in the First Circuit court.

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.

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