And might this set a precedent?  The United States Chamber of Commerce, a business lobby, and the Business Roundtable sued the SEC to overturn a rule that makes it easier for investors to oust corporate directors.  The rule, which allows shareholders who own 3% of a company to nominate board members to corporate ballots, narrowly passed last month by a 3-2 margin. 

"This special-interest-driven rule will give small groups of special-interest activist investors significant leverage over a business's activities." 

Previously, shareholders could nominate dissident directors only by mailing a separate ballot and persuading other investors to vote with them.   [NYTimes, 9/30]