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Cross-Practice Team Secures Former CEO’s Dismissal of Shareholder Derivative Claim Arising out of Cyberattack


Delaware’s Court of Chancery recently dismissed a derivative claim brought by an alleged shareholder of SolarWinds, claiming that the Company’s current and former directors breached their fiduciary duties by failing to ensure that SolarWinds had minimal cybersecurity protections.  A cross-practice team of Ropes & Gray litigation and data privacy attorneys represented Kevin Thompson, SolarWinds’ former CEO and one of its former board members, who had been named in the litigation. The court dismissed the claim as to all named defendants, including Mr. Thompson, in an important ruling that fills in the contours of the scope of director duties with respect to corporate cybersecurity under Delaware law. 

For more information, see the Ropes & Gray news release about the victory and the Law360 article that reported on the success.


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