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22 Jan 2023, 9:01 pm
b. [read post]
22 Jan 2023, 6:59 pm
The Supreme Court disagreed with the interpretation of the Partnership Agreement by the Court of Chancery and initially focused on the need to read both the Partnership Agreement and the related LLC Agreement together because both agreements described how the general partner managed Boardwalk. [read post]
18 Jan 2023, 6:42 am
Exceptions to the default rule of per capita majority voting is that a unanimous vote is required to: (a) amend the operating agreement; (b) file a petition under federal bankruptcy, or state insolvency law for the LLC; (c) undertake any act outside of the ordinary course of the LLC’s business; or (d) undertake, authorize or approve any other act that requires the consent of all members under the New Act. [read post]
12 Jan 2023, 3:54 pm
§ 1127(c). [read post]
8 Jan 2023, 9:26 am
From a legal perspective, the new company is typically organized as either a C-corporation or as a limited liability company (“LLC”). [read post]
6 Jan 2023, 11:15 am
Thus, “[b]ecause Section 230(c)(1) applies here, Twitter is not required to demonstrate good faith. [read post]
4 Jan 2023, 2:47 am
During the inspection, the firm provided a draft SOP (standard operating procedure) that included various operational procedures intended to address food safety hazards associated with their manufacturing operations. [read post]
3 Jan 2023, 4:35 am
And the winners are: McCormack v Kuras In this case, Manhattan Commercial Division Justice Joel Cohen rejected attempts by majority members of a realty-holding LLC to remove the minority member as the LLC’s designated, sole managing member where the operating agreement (a) was silent on manager removal and (b) required unanimous member consent to amend the operating agreement. [read post]
1 Jan 2023, 9:04 pm
Hazard Analysis and Risk-Based Preventive Controls (21 CFR Part 117, Subpart C) 1. [read post]
30 Dec 2022, 7:13 am
A few examples of special circumstances where a stock sale may be appropriate include sales of (a) less than 100% of a business (as in the case of a strategic investment, or where the buyer requires the seller to roll over a portion of their equity), (b) government contractors, and (c) businesses that require expensive or difficult to obtain licenses. [read post]
28 Dec 2022, 11:18 am
A few examples of special circumstances where a stock sale may be appropriate include sales of (a) less than 100% of a business (as in the case of a strategic investment, or where the buyer requires the seller to roll over a portion of their equity), (b) government contractors, and (c) businesses that require expensive or difficult to obtain licenses. [read post]
27 Dec 2022, 4:24 am
” The Scrivener’s Error Antonia hinged her dissolution claim on Article VIII, Section 1(b) of the Operating Agreement, which requires the dissolution of Bull-Poet upon the death of a member. [read post]
13 Dec 2022, 3:33 am
Blackbeard Operating LLC. [read post]
10 Dec 2022, 2:51 pm
" In determining whether a reasonable likelihood of prejudice exists, and whether an order restraining speech is justified, the court should consider: "(a) the nature and extent of pretrial news coverage; (b) whether other measures would be likely to mitigate the effects of unrestrained pretrial publicity; and (c) how effectively a restraining order would operate to prevent the threatened danger. [read post]
4 Dec 2022, 5:20 am
See, ICM Registry, LLC v. [read post]
1 Dec 2022, 6:01 pm
(b) Except as provided in paragraph (d) of this general license, all transactions and activities proh [read post]
29 Nov 2022, 2:52 pm
The veteran must conduct both the long-term decision-making and the day-to-day management and administration of the business operations.[10] But it is important to note that if another individual or entity has the power to control the small business, even if that control is never exercised, that is sufficient to disqualify the company. [read post]
7 Nov 2022, 7:38 am
C & B Realty #3, LLC v Van Loan, 208 A.D. 3d 778 (2 Dept. 8/24/2022) [read post]
31 Oct 2022, 4:00 am
Ditech countered that it was free to sell the consumer credit contracts free and clear of consumer claims and interests not expressly assumed by the buyers pursuant to Sections 1123(b)(4) and 1141(c) of the Bankruptcy Code. [read post]
25 Oct 2022, 1:20 pm
Art. 2826. [4] The LLC Law defines a “limited liability company” as “an unincorporated association having one or more members” (LSA-R.S. 12:1301(10) (emphasis added), there is no statute providing for express automatic termination of an LLC with no members. [5] LSA-C.C. 12:1333.1(A). [6] LSA-R.S. 12:1333.1(B). [7] LSA-R.S. 12:1333.1(C). [read post]
