A three-judge panel in Omaha will hear arguments Tuesday morning in the case of the shareholder who was arrested at the 2023 Berkshire Hathaway shareholders meeting for citing the reputational risk to the company posed by Warren Buffett’s relationship with Bill Gates, considering Gates’ associations with Jeffrey Epstein.
Peter Flaherty, Chairman of National Legal and Policy Center (NLPC), had his microphone cut and was arrested during his remarks in support of his organization’s shareholder proposal for an independent Chairman.
Counsel for NLPC will present oral arguments before the three-judge court of the Eighth Circuit appealing a lower court decision that dismissed a lawsuit by NLPC and Flaherty against Warren Buffett and Berkshire Hathaway. NLPC is represented in its appeal by Jeffrey E. McFadden, an expert appellate counsel with 35 years’ experience, and NLPC Counsel Paul Kamenar.
If the appeals court does not overturn the lower court decision, a dangerous precedent will be set allowing a CEO to silence shareholders because they say something he or she doesn’t like. Flaherty became the first shareholder in U.S. corporate history to be interrupted and arrested while making a shareholder presentation.
The case is National Legal and Policy Center v. Berkshire Hathaway (Case No. 25-2759).
The three judges are Steven M. Colloton (Chief Judge), Bobby E. Shepherd and Jonathan A. Kobes.
Click here for NLPC’s brief.
