December 01, 2017 Substantive Law

Ethics: Threatening Litigation

By Bruce Green

Reprinted with permission from Litigation, Fall 2017 (44:1), at 13-14. ©2017 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

In Ferster v. Ferster, [2016] EWCA (Civ) 717, three disputatious brothers owned an English Internet gaming company. Two teamed up to cause the company to sue the third, Jonathan, for breach of fiduciary duty and then offered to resolve the dispute by selling Jonathan their shares in the company.

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