Except as otherwise provided in subsection (b) of this section: Any proceeds or other benefits of a derivative action under § 29-808.02 , whether by judgment, compromise, or settlement, belong to the limited liability company and not to the plaintiff; and If the plaintiff receives any proceeds, the plaintiff shall remit them immediately to the company. If a derivative action under § 29-808.02 is successful in whole or in part, the Superior Court may award the plaintiff reasonable expenses, including reasonable attorney’s fees and costs, from the recovery of the limited liability company. A derivative action on behalf of a limited partnership may not be voluntarily dismissed or settled without the Superior Court’s approval.
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