The Court determined that the Auerbach test should be applied when a Special Litigation Committee (SLC) files a motion to defer a derivative claim. A derivative claim is dismissible if the SLC was independent and conducted a good faith investigation when it concluded litigation would not be in the company’s best interest.
Fabbi, Joseph K., "In Re Dish Network Derivation Litig., 133 Nev. Adv. Op. 61 (Sept. 14, 2017)" (2017). Nevada Supreme Court Summaries. 1079.