# Derivative suits

`kaal:entity:derivative-suits`

**Status.** derived

This node is assembled mechanically from the 3 claims that carry the concept tag `derivative-suits`. It is a roster of what the corpus says under this term. It is **not** an adjudicated definition: no single statement here has been ruled canonical, and no first-appearance call has been made. Read the claims and judge for yourself.

## Every claim under this term

3 claims across 2 works, 2010 to 2013.

**2010**

- [1558614-035](https://wulfkaal.github.io/claims/1558614-035) [design/evidenced] -- Germany's 2005 introduction of the derivative suit tightened the standard of care only partially, because section 148(1) of the AktG conditions shareholder standing on holding shares worth roughly 100,000 euros, a threshold with no U.S. counterpart.
  > section 148(1) of the AktG requires a threshold ownership of shares totaling !100,000 (about $127,090) for shareholders to have standing to sue on behalf 174 of the corporation in German courts
  Painter and Kaal, Initial Reflections on an Evolving Standard Constraints on Risk Taking by Directors and Officers in (2010). SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1558614

**2013**

- [2317580-026](https://wulfkaal.github.io/claims/2317580-026) [mechanism/argued] -- Because CIAs combine contractual and public enforcement, with the OIG enforcing them and private rights of action also available, they are more than contractual arrangements, and a breach of a CIA may be treated like a breach of law for purposes of the duty of care.
  > Because of the combination of enforcement mechanisms, CIAs are more than contractual arrangements. A breach of a CIA may be treated like a breach of law for purposes of the duty of care.
  Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580
- [2317580-031](https://wulfkaal.github.io/claims/2317580-031) [empirical/evidenced] -- Courts treat companies that executed a CIA differently from other companies, and are increasingly recognizing the role of CIAs and their implications for directors' fiduciary duties.
  > Courts, however, treat companies that executed a CIA differently. Courts are increasingly recognizing the role of CIAs and their implications for directors' fiduciary duties.
  Wulf A. Kaal, Elizabeth R. Malay, The Role of Corporate Integrity Agreements in the Expansion of Fiduciary Duties (2013). SSRN: https://ssrn.com/abstract=2317580

## Verify

Every claim above resolves to a record carrying a verbatim source quote, the sha256 of the source PDF, and a preformatted citation. Nothing here asks to be taken on trust.

    curl -s https://wulfkaal.github.io/entities/derivative-suits.md | sha256sum

**Canonical form.** This markdown file is the canonical hashed representation of this entity node. Its sha256 is the content hash.