The Delaware Court of Chancery, in Mancine Dahle, et al. v. John C. Pope, et al. and R. R. Donnelley & Sons Co., C.A. No. 2019-0136-SG, memo. op. (Del. Ch. Jan. 31, 2020), found stockholder plaintiff’s letter to the board suggesting corrective action regarding director compensation was a litigation demand under Rule 23.1, even though the letter stated that it was not a litigation demand.

Bloomberg Law discusses the decision in R.R. Donnelley Directors Duck Derivative Suit Over Compensation.