Litigating Challenges to Executive Pay: An Exercise in Futility?

Authors

Randall S. Thomas, Vanderbilt University
Kenneth J. Martin, New Mexico State University

Publication Title

Washington University Law Quarterly

Abstract

This Article focuses on the last of shareholders’ alternatives: suing. Shareholder derivative litigation has frequently been an engine for changing abusive corporate practices. The well-tested claims of breach of duty of care, breach of duty of loyalty, and waste, are available when the appropriate facts support them. In recent history, a large number of determined plaintiffs have brought such claims, challenging abusive corporate pay practices in corporations.

Recommended Citation

Randall S. Thomas and Kenneth J. Martin, Litigating Challenges to Executive Pay: An Exercise in Futility?, 79 Wash. U. L. Q. 569 (2001).
Available at: https://openscholarship.wustl.edu/law_lawreview/vol79/iss2/5