Search for: "Performance Impressions, LLC" Results 1 - 20 of 414
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28 Oct 2008, 9:23 pm
The Chancery Court decided an issue of first impression in the context of cross motions for summary judgment in this case: Does the statute of frauds apply to an LLC Agreement. [read post]
22 Oct 2018, 3:17 am by Peter Mahler
The LLC agreement (read here) contains fairly typical provisions in Article Five vesting management authority in the members collectively, listing certain major decisions requiring unanimous member consent, and requiring members to perform their duties “with due care. [read post]
31 Aug 2020, 4:56 am by Peter J. Sluka
  When the LLC is successfully performing, a member is unlikely to exercise her put rights. [read post]
8 Aug 2016, 3:25 am by Peter Mahler
 On the one hand, expulsion can be viewed as a necessary measure to preserve the LLC as a going concern when faced with persistent misconduct or failure to perform by one of its members. [read post]
9 Nov 2008, 1:20 pm
" The court went on to reject the plaintiff's claim because the earn-out provision in the unsigned LLC operating agreement could not possibly be performed within a year and because the multiple writings or part performance exceptions to the statute of frauds did not apply. [read post]
23 Aug 2021, 12:01 pm by Francis Pileggi
In connection with a recent dispute among LLC members, the Court of Chancery discussed an apparent issue of first impression in Delaware: The rights of the fiduciary of a debtor who seeks to help a creditor-entity that the fiduciary has an interest in. [read post]
The litany of complaints is impressive, demonstrates the bad blood between the members, and shows just how hard it was for 1545 LLC to complete its main purpose: to develop the property. [read post]
11 Mar 2012, 9:36 pm by Michael Atkins
On March 9, plaintiffs Jimmy Lewis and Fuacata Sports LLC filed suit against competitors Trident Performance Sports Inc. and Starboard World Limited, alleging that defendants included a photo in their catalog showing one of plaintiffs’ custom, high-performance boards in competition — altered, so it appears to depict one of defendants’ production boards. [read post]
27 Oct 2008, 12:00 pm
  Deciding an issue of first impression, the Delaware Court of Chancery has ruled that the statute of frauds applies to an LLC operating agreement under Delaware law. [read post]
12 Dec 2011, 3:34 pm by James Hamilton
Kapur, SD NY, 11 Civ. 8094, Nov. 10, 2011)With regard to the other fund being managed, primarily an equity fund, the SEC said that the fund manager materially overstated the performance of the fund, giving investors the false impression that the fund’s returns were consistently positive and minimally volatile.The Commission also alleged that the fund management firm engaged in a pattern of deceptive conduct designed to bolster its track record, size, and credentials. [read post]
7 Jan 2016, 2:28 pm
The results are less than impressive for investors who are recognized as the best in the business. [read post]
1 Jan 2024, 8:10 pm by Kurt R. Karst
  If FDA wanted to create that impression, it likely succeeded. [read post]
3 Sep 2008, 10:00 am
Raymond Millien (CEO of PCT Capital, LLC) and Ron Laurie (Co-founder and Managing Director of Inflexion Point Strategy, LLC) have put together an impressive summary of current and emerging intellectual property business models over at VCExperts - A summary of established and emerging IP business models As you can see from the quick summary below (and I really do recommend you read the entire article which has much more depth), it is very patent-focussed. [read post]
9 Jul 2012, 2:15 am by Hedge Fund Lawyer
Takeaways for Managers The alleged misrepresentations included the following: Overstating the performances of funds the firm managed, giving investors the false impression that the funds’ track records were consistently positive and minimally volatile; Statements of the true inception dates of funds, routinely providing information about funds’ performances for years prior to the true creation of said funds; Statements that certain individuals were involved as… [read post]