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Saturday's Fashion, Inc. is a corporation that manufactures and markets cutting edge fashion clothing. Daniel, the CEO, decides that for every garment sold Saturday's would
Saturday's Fashion, Inc. is a corporation that manufactures and markets cutting edge fashion clothing. Daniel, the CEO, decides that for every garment sold Saturday's would give away an article of clothing to a poor individual in a developing country. The board of directors approves this initiative. The give away program ends up costing the company $2,000,000 in its first year. During that same time period the company had a net loss of $1,000,000. Additionally, three years ago Harry, the CFO of the company borrowed $200,000 from the company on a short-term basis. The board approved this loan, but Harry has not started making payments back to the company as agreed. Finally, Saturday's has not paid a dividend to the stockholders in two years. The shareholders are getting antsy and would like to receive a dividend. Eighty percent of the ownership is concentrated in three individuals; Cedric, Fredric and Dedrick. These three come to you seeking advice on several matters. First, they would like to sue Daniel and the members of the Board personally for the give away program. Secondly, they want to compel Saturday's to sue Harry to force repayment of the loan. Lastly, they want to compel Saturday's to declare a dividend. Please advise on how these things might be accomplished and any defenses the parties may have
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