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Business Organizations Keyed to Bauman
Einhorn v. Culea
Citation:612 N.W.2d 78 (Wis. 2000).
Einhorn, Culea and Mertz acquired Northern Labs in 1985. 1n 1992, Culea sought a retroactive bonus due to the corporation’s financial success. At the time, the board of directors consisted of Einhorn, Culea, Shelly Culea (defendant’s wife), Mertz and Robert Bonk (vice president of finance). The bonus was unanimously approved at a board of directors meeting without Einhorn in attendance.
Einhorn brought this action and a special committee consisting of Bonk and three new members: Beagle, Chua and Chewning, was created. The committee met for five months and, after 500 hours of review, voted three to one that the derivative action was not in the best interest of the corporation.
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