. the derivative action alleged , among other things , breach of fiduciary duty , abuse of control and gross mismanagement against all the individual defendants . it further alleged , among other things , waste of corporate assets , unjust enrichment and usurpation of corporate opportunity against certain of the individual defendants . the derivative action sought compensatory and punitive damages in favor of the company , attorneys 2019 fees and costs , and further relief as may be determined by the court