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ARTICLE · 09 JANUARY 2015

District Court Dismisses Wyndham Shareholder Derivative Action For Data Breach

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The court held that the board's response was protected by the business judgment rule.

United StatesPrivacy

On October 20, a district court in New Jersey dismissed with prejudice a shareholder derivative suit brought against Wyndham Worldwide Corp. for a series of data breaches suffered by the company. The suit alleged that the board of directors' actions following a shareholder demand for a particular response to the data breaches constituted a breach of its fiduciary duties of care and loyalty to the company. The court held that the board's response was protected by the business judgment rule.

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