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The Filing-Day Checklist

Author
Affiliation

Mike P. Sinn

International Campaign to End War and Disease

Keywords

filing checklist, shareholder lawsuit, demand letter, operations

Print this. Mark each box as you go. Forty-three hours of your life spread across two to four weeks, in exchange for putting math in front of a Board of Directors that has never been forced to read it. Approximately $200 for one share. One share is sufficient under DGCL § 327. The Board has to read what arrives by certified mail. You are buying that obligation for the price of a tank of gas.

If you finish the boxes below, the people you love are statistically more likely to be alive in twenty years. So is the CEO you are about to sue. So is the judge who will hear the case. The math is on the page. The marker is in your hand.

Week -4 to -2: Preparation

Target selection

Counsel

Shares

Funding

Week -2 to -1: Personalization

Board research

Counsel review

Week -1: Media Prep

Press release

Journalist outreach

Plaintiff prep

Filing day (T=0)

Time-of-day order. Use a clock.

Morning (T-2h to T=0)

T=0: Drop the package

T=0 + 1 hour: Distribute the press release

T+1 hour to T+24 hours

T+1 to T+7 days: Follow-up

T+30: Mid-point check

T+60: Response deadline

If filing against multiple defendants

Coordinate the filings rather than running them in series. The press coverage from one coordinated 8-defendant filing is larger than the sum of 8 sequential filings. See funding-and-coordination.qmd for the multi-defendant coordination protocol.

Stop-sign

If counsel declines and you have not decided to file pro se: pause and reach out to the next 5 firms.