Zapata v. Maldonado

Zapata is the leading case on the legal standard a court will apply to a special litigation committee's motion to take control over derivative litigation following the 23.1 motion to dismiss and prior to going to trial. Look at the facts related to the interestedness and independence of directors on the special litigation committee. Consider whether under these same facts demand would have been deemed futile with respect to these directors at the 23.1 motion to dismiss stage.