Defending a religious foundation in a lawsuit seeking confirmation that board resolutions were invalid

Jaehoon LeeMatterLitigation & DisputesAttorney Jaehoon Lee

Overview

In a dispute over the composition of a religious foundation's board of directors and the disposal of real estate owned by the foundation, former directors whose terms had expired filed a lawsuit seeking confirmation that board resolutions were invalid. Attorney Jaehoon Lee represented the defendant foundation in the litigation.

Key Issues

The main issues were whether the former directors whose terms had expired had a legal interest in seeking confirmation that the board resolutions were invalid, and how conflicts in the operation of the board and conflicts of interest over the disposal of the foundation's real estate affected the former directors' fitness to perform their duties.

Our Work

Attorney Lee reviewed how the foundation's board had been composed and operated and the relevant legal principles, and analyzed the former directors' refusals to attend board meetings and their conflicts of interest with the foundation.

In particular, he compared multiple sets of board minutes prepared on the same date and pointed out inconsistencies in their contents and problems with how they were prepared. On that basis, he argued that special circumstances existed making it inappropriate for the former directors to continue performing the foundation's business, and that they therefore had no legal interest in seeking confirmation that the board resolutions were invalid.

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