Gap Shareholder Appeals Corporate Diversity Derivative Suit Loss

A Gap Inc. shareholder who lost a derivative lawsuit accusing the company of falling short on corporate diversity is appealing the case to the Ninth Circuit, she told a federal court in California.

The shareholder challenged Gap’s statements on its efforts to diversify its board and senior leadership team. But a forum selection clause in the clothing retailer’s bylaws makes the Delaware Chancery Court the only appropriate place to bring a lawsuit, the U.S. District Court for the Northern District of California said in April.

The dismissal was “without prejudice to Plaintiff filing claims against Defendants in the Delaware Court ...