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6 Aug 2012, 3:00 am by Peter A. Mahler
The dissenters asked the court to rule in advance of the appraisal trial that, as a matter of law, the redemption was not subject to an Excess Cash requirement and that the court may consider a non-speculative, contractually required redemption event set to occur six months after the merger when determining the fair value of the preferred stock. [read post]
6 Aug 2012, 3:00 am by Peter A. Mahler
The dissenters asked the court to rule in advance of the appraisal trial that, as a matter of law, the redemption was not subject to an Excess Cash requirement and that the court may consider a non-speculative, contractually required redemption event set to occur six months after the merger when determining the fair value of the preferred stock. [read post]
16 Jul 2012, 3:00 am by Peter A. Mahler
" The court, she continues, "having obtained jurisdiction of the parties and subject matter in this action must adapt its relief to the exigencies of the case. [read post]
9 Jul 2012, 3:00 am by Peter A. Mahler
She also cites two cases for the specific proposition, that the court can compel a respondent to purchase the petitioner's shares even when the respondent does not elect to do so under BCL §1118: Matter of Wiedy's Furniture Clearance Center, Inc., 108 AD2d 81 (3d Dept 1985), and Matter of Harris (Charles R. [read post]
9 Jul 2012, 3:00 am by Peter A. Mahler
She also cites two cases for the specific proposition, that the court can compel a respondent to purchase the petitioner's shares even when the respondent does not elect to do so under BCL §1118: Matter of Wiedy's Furniture Clearance Center, Inc., 108 AD2d 81 (3d Dept 1985), and Matter of Harris (Charles R. [read post]
5 Jul 2012, 11:48 pm by Beth Simone Noveck
But to foster engagement also requires curating the guest list for the hackathons to get subject matter experts, stakeholders, data geeks, activists, designers, computer scientists, data junkies and entrepreneurs together. [read post]
2 Jul 2012, 3:00 am by Peter A. Mahler
 Also in 2008, I wrote about Matter of Marciano (Champion Motor Group, Inc.) where the court determined there were factual issues surrounding petitioner's motives for hiding his stock interest. [read post]
2 Jul 2012, 3:00 am by Peter A. Mahler
 Also in 2008, I wrote about Matter of Marciano (Champion Motor Group, Inc.) where the court determined there were factual issues surrounding petitioner's motives for hiding his stock interest. [read post]
25 Jun 2012, 3:00 am by Peter A. Mahler
, and dicta in Matter of Kemp & Beatley (a BCL §1104-a case), is the most thorough treatment to date that I've seen on the subject, and is well worth a careful reading by business divorce practitioners. [read post]
12 Jun 2012, 2:50 pm by INFORRM
This does not mean that a university should not be able to direct its own affairs, certainly in academic matters, free from government interference. [read post]
29 May 2012, 3:00 am by Peter A. Mahler
The absence of any such agreement in Varveris left each of the shareholders free to transfer his shares however, whenever, and to whomever he chose.© 2012 Farrell Fritz, PC. [read post]
21 May 2012, 3:00 am by Peter A. Mahler
The court's unreported memorandum decision in Matter of Cooperstown Capital, LLC, Index No. 2010-0315 (Sup Ct Otsego County Apr. 6, 2012), came in one of six (!) [read post]
21 May 2012, 3:00 am by Peter A. Mahler
  The court's unreported memorandum decision in Matter of Cooperstown Capital, LLC, Index No. 2010-0315 (Sup Ct Otsego County Apr. 6, 2012), came in one of six (!) [read post]