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14 Feb, 2008 2:02 pm
... members of New York limited liability companies may bring derivative suits on the LLC's behalf. Answer: they may. Here's the decision in Tzolis v. ... were unable to achieve democratically" (p. 20). The availability to LLC members of derivative rights will have a substantial impact on LLC member relations and the kind of litigation that may ... rights, members holding minority interests in LLCs had little recourse against majority abuses that caused direct injury only to the LLC (e.g., taking excessive ...
New York Business Divorce - http://www.nybusinessdivorce.com/
30 May, 2007 7:01 am by Michael Stevens
... to challenge the Governor's authority. Governor Fletcher issued a Declaration of Emergency immediately following the devastating impact of Hurricane Katrina in 2005. Stumbo warns that Marathon's attack on the Governor's authority will "impact every ... to issue active duty orders to mobilize members of the National Guard; The Finance and Administration Cabinet, which was directed to fund the costs of the emergency operations; and The Kentucky Community Crisis Response Board, which was directed to ...
Kentucky Law Blog - http://www.kentuckylawblog.com/
11 Aug, 2008 11:30 am
... suit seeking to invalidate the vote and to declare that he continued to be a member-manager of the LLCs. He also sought to recover one-third of property management fees that were ... entitled to vote thereon. The trial court's decision did not comment directly on the interplay between Article II, Section 7 of the operating agreement and Section ... s not clear to me that Ross v. Nelson will have much practical impact: Ross gives rise to no broad pronouncements of law. At bottom it is an ordinary contract ...
New York Business Divorce - http://www.nybusinessdivorce.com/
9 Apr, 2008 7:43 am
... , private ordering and flexibility to the parties involved." I predict that this decision will be cited often to distinguish between the governance of an LLC compared to a corporation. However, curiously, in the opinion of about 10 days ago in this case that was summarized here, involving a demand ... is a type of issue does not directly impact corporate governance and is perhaps simply a practical approach to deciding a books and records demand in the LLC context. Having recently returned from a two ...
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
26 Oct, 2007 9:56 am by Michael J. Hassen
... se unlawful, (5) whether it matters if the offer is made to a lawyer rather than directly to a debtor; (6) whether a safe harbor exists for debt collectors accused of violating § ... ," id., at 12. Moreover, the failure to include this safe-harbor language in a letter sent directly to a consumer does not automatically constitute a violation of the FDCPA; rather, the district court ... .3d 118 (2d Cir. 2002), and Guerrero v. RJM Acquisitions LLC, 2007 WL 2389825 (9th Cir. Aug. 23, 2007), the fourth issue, ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
19 Oct, 2007 8:43 am
... to intentional tort cases like defamation, intentional infliction of emotional distress, breach of fiduciary duty, etc.]. Just how much of an "impact" is required in order to permit the award of damages for mental injuries in these cases? That's what was at issue in Willis. Mrs. Willis was a guest at a Holiday Inn who, upon her arrival, was directed by security personnel to park her vehicle at a parking lot located across the street because there were no spaces available ...
Florida Workers' Compensation Law Blog - http://www.flworkerscompensationlawyer.com/
31 Jul 1:46 am by charleyfoster
... ruled that - plaintiffs "cannot prevail" on their claim the resorts needed environmental assessments due to environmental impacts of the resorts, their argument that the Planning Commission erred in issuing permits without requiring sufficient environmental assessments to be ... ) and if, given the facts and under the relevant law, one side is clearly entitled to judgment. In contrast, a directed verdict motion is made by a party after the other side has finished presenting its case. Although the ...
Planet Kaua`i - http://planetkauai.blogspot.com/
16 Aug 6:35 pm by structuredsettlements
... broker's fee. I imagine that some brokers would respond that a broker permits "shopping the market". Settlement Quotes, LLC factoring exchange, for example, promises as many as 6 quotes per deal. Other brokers apparently have one funding source. ... do not disclose everyone who is getting paid on the deal and the impact on the seller's recovery. Here is what Stone Street Capital says on August 12, 2009: "Are you working with a "broker" or "direct funder"? Like any middleman, a broker always needs ...
Structured Settlements 4Real - http://structuredsettlements.typepad.com/structured_settlements_4r/
1 Oct, 2007 7:08 pm
Bill Gross, Managing Director at Pacific Investment Management Company LLC, known as PIMCO, has some interesting comments on the credit markets, housing prices, the economy, and how the Federal Reserve should respond. In his ... derivatives that have yet to be discovered by the public, and marked to market by their conduit holders." Those tracking how the direction of the economy may impact the level of future Chapter 11 bankruptcy filings will find the entire Investment Outlook well worth reading.
IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/
3 Jun 12:45 pm by David Johnson
... services. While the service at issue is a remote DVR service, the ruling could have a major impact on copyright issues faced by cloud computing services, as well. Cloud computing is an umbrella term ... MAI Systems Corp., 991 F.2d 511 (9th Cir. 1993); Stenograph LLC v. Bossard Assoc., Inc., 144 F.3d 96 (D.C. ... and Cablevision's contribution to this reproduction by providing the system does not warrant the imposition of direct liability." 536 F.3d at 133. The Second Circuit also found that making buffer ...
Digital Media Lawyer Blog - http://www.digitalmedialawyerblog.com/
18 Oct, 2007 12:32 pm
... here by Arkansas Business). Ticketmaster recently won a preliminary injunction against one such software provider in Ticketmaster, LLC v. RMG Technologies, Inc. (posted here 10/18/07). How will this injunction affect the Arkansas investigation? The Ticketmaster case should not have any effect, because consumers do not have standing to bring a cause of action. First, there is no direct communication between the software provider and the consumer. Without a direct communication, there can be ...
Arkansas Business Litigation Blog - http://www.arbusinesslitigation.com/
28 Apr, 2007 11:36 am by structuredsettlements
... the advertising may be reasonably expected to create upon a person of average education or intelligence with the segment of population to which it is directed." Section 6-1-105(u) of The Colorado Consumer Protection Act, states that it is a violation ... are principals in their respective structured settlement firms. According to evidence Download high_impact.pdf, High Impact, LLC advertises that it only works on behalf of the plaintiff. This blog contains ongoing commentary of similar claims made ...
Structured Settlements 4Real - http://structuredsettlements.typepad.com/structured_settlements_4r/
... is behavioral). I have found that oftentimes this creates confusion, apprehension and ultimately has a negative impact on "how" society views the disease of addiction, or, is willing to engage in any productive dialogue on the topic. How many times have you ... addiction. Although this may be a minor point, I truly believe as a society, it is imperative to properly define and direct both dialogue and research on the national level. We need to lead in what it is that researchers are actually trying ...
Marchman Act Blog - http://www.marchmanactblog.com/
5 May, 2007 9:06 am by structuredsettlements
... , President of Forge Consulting, LLC and John S. Bat, Principal of High Impact Structures, LLC who Structured Settlements 4Real revealed to have simultaneously marketed as "plaintiff only" or "plaintiff exclusive" while appearing on the December 19, 2006 ... act(s) but at least there is some recognition of the problem and a step has been made in the right direction. It is critical to the integrity of the structured settlement industry that brokers respect the law even if you don't always agree with ...
Structured Settlements 4Real - http://structuredsettlements.typepad.com/structured_settlements_4r/
16 Jan, 2008 8:00 pm by Umakanth V
... area of securities laws was handed two days ago by the US Supreme Court in the case of Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc. In its judgment (available here), the court (by a 5:3 majority) held that private actions ... . Let us look at each one of them as follows: Indian companies listed in the US: Perhaps it is this set of companies who will be impacted directly by this decision. Investors in these companies would not have a private action against third parties that are ...
Indian Corporate Law - http://indiacorplaw.blogspot.com/
6 Dec, 2008 4:23 pm by Page Perry LLC
... continue to seek billions of dollars in financial support from the U. S. Government. Bankruptcy is possible for each of these companies and could have a devastating impact on employment. Experts have estimated that between 2,000,000 and 3,000,000 jobs are, directly or indirectly related to the Big Three. • At least 14 states would be exposed to losing more than 50,000 jobs if the Big Three go under. The states include ...
Investment Fraud Lawyer Blog - http://www.investmentfraudlawyerblog.com/
12 Sep, 2008 8:26 pm by Page Perry LLC
... . The companies collectively own or guarantee approximately $5 trillion in home loans. Thus, this move thrusts trillions of dollars of risk directly onto the shoulders of American taxpayers. • The U.S. government seizure of Fannie Mae and Freddie Mac has triggered one of the ... shot up to its highest level in 16 months in July, 2008. Page Perry's Market Monitor is published periodically to give investors an overview of certain recent developments impacting the economy and/or the investment markets.
Investment Fraud Lawyer Blog - http://www.investmentfraudlawyerblog.com/
4 Apr, 2008 1:00 am
... and a touch of cynicism: (China Hearsay), EU: Monsanto Technology LLC v Cefetra BV first national court referral to the ECJ on interpretation of Biotech Directive: (Hal Wegner) Ghana: Embossing scheme on trial to deal with fake drugs in Ghana: (Afro-IP), India: ... and FOI laws: (Out-Law), 3 law firms, 6 weeks: data protection crackdown continues: (IMPACT), Consultation on whether UK should opt into Rome I Regulation: (IPKat), Custodial sentences for pair who sold ...
IP Thinktank - http://duncanbucknell.com/blog
15 Mar, 2008 7:00 am
... Bayer's attempt to register ASPRINA as a US trade mark fails: (Intellectual Property Directions), Celebrex (Celecoxib) - CAFC invalidates Pfizer's latest-expiring patent on Celebrex for ... defence for community designs: J Choo (Jersey) Limited v Towerstone Limited: (IMPACT), UK IPO announces Patent Prosecution Highway to be extended to cover international applications: ... Disney Co - Walt Disney Co wins trade mark claims in Thoroughbred Legends LLC v The Walt Disney Co: (43(B)log), World Wide Video - ...
IP Thinktank - http://duncanbucknell.com/blog
23 Aug, 2008 1:23 am
... 689 - New Andean Rules on Industrial Property: (IP tango) Anguilla Mygazines infringing copyright; jurisdictional issues: (IMPACT) Argentina Amendment of Consumer Protection Law and its effect on IP rights: (International Law Office), (IP tango), ... accusing four Japanese companies of patent infringement in connection with automotive multimedia display and navigation systems: (Law360), ING Direct Bancorp - ING sues PNC Financial Services Group for trade mark infringement over company's use of ...
IP Thinktank - http://duncanbucknell.com/blog
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