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28 Mar 2023, 7:30 am
It also includes the blue state of Delaware (a longtime rejector of deference) and purple states such as Michigan, Arizona, and Wisconsin. [read post]
28 Mar 2023, 6:34 am
Bright Data is also counter-suing in Delaware, seeking a declaratory judgment that its present and future scraping activity is not subject to Meta’s TOS. [read post]
27 Mar 2023, 9:01 pm
We review a number of significant developments in Delaware corporate law, including the Court of Chancery’s clarification of directors’ oversight duties, and the Delaware General Assembly’s expansion of Section 102(b)(7) of the Delaware General Corporation Law to include exculpation of officers for personal liability arising from breaches of the duty of care. [read post]
27 Mar 2023, 5:34 pm
Suffice it to emphasize for this short blog post that the decision is required reading for anyone who needs to know the latest iteration of Delaware law on the covered topic. [read post]
27 Mar 2023, 8:10 am
Court of Appeals for the Third Circuit (covering Delaware, New Jersey, and Pennsylvania) held that paid time off is not part of an employee’s salary for purposes of the Fair Labor Standards Act (FLSA). [read post]
27 Mar 2023, 5:37 am
This restriction, however, has limits.In a recent decision, the state appellate court in Manhattan considered whether it must follow the decision by a Delaware court that one contract clause takes precedence over another conflicting clause. [read post]
27 Mar 2023, 5:00 am
” That was before Biden was found to have classified documents going back more than a decade in various locations, including his garage in Delaware. [read post]
26 Mar 2023, 3:58 pm
From In re Riviera Resources Inc. [read post]
26 Mar 2023, 1:28 pm
A recent decision from the Delaware Court of Chancery clarifies the scope of a charging lien that attorneys may impose on the money available as a result of a lawsuit in which the client incurred unpaid legal fees. [read post]
24 Mar 2023, 2:16 pm
” The United States Court of Appeals for the Third Circuit, which hears appeals from the Federal trial courts in New Jersey, Pennsylvania, Delaware, and the United States Virgin Islands, recently examined the professional employee exemption in the case of Stephanie Higgins v. [read post]
24 Mar 2023, 6:30 am
. , on Tuesday, March 21, 2023 Tags: Delaware articles, Delaware cases, Delaware law Communicating Your Company’s ESG Strategy in 2023 Posted by Martha Carter, Orson Porter, and Matt Filosa, Teneo, on Wednesday, March 22, 2023 Tags: anti-ESG, Corporate governance, ESG, ESG disclosures, proxy statements Private Equity—2023 Outlook Posted by Karessa Cain, Victor Goldfeld, and Charles See, Wachtell, Lipton, Rosen & Katz, on Wednesday, March 22, 2023 … [read post]
24 Mar 2023, 6:30 am
. , on Tuesday, March 21, 2023 Tags: Delaware articles, Delaware cases, Delaware law Communicating Your Company’s ESG Strategy in 2023 Posted by Martha Carter, Orson Porter, and Matt Filosa, Teneo, on Wednesday, March 22, 2023 Tags: anti-ESG, Corporate governance, ESG, ESG disclosures, proxy statements Private Equity—2023 Outlook Posted by Karessa Cain, Victor Goldfeld, and Charles See, Wachtell, Lipton, Rosen & Katz, on Wednesday, March 22, 2023 … [read post]
24 Mar 2023, 4:45 am
In this case, a company engaged in “the business of providing workforce training, management, compliance, and consulting services” was sold to a Delaware corporation, and its founder received $10,000,000. [read post]
23 Mar 2023, 12:55 pm
Barnhill, Delaware courts have sustained a number of breach of the duty of oversight claims. [read post]
23 Mar 2023, 11:23 am
SVBFG is incorporated in Delaware and always has been. [read post]
23 Mar 2023, 6:23 am
While Delaware corporate law provides well defined rules for how a self-interested transaction can be cleansed by disinterested directors or shareholders in the context of a corporation, the rules are less well defined when it comes to conflicts of interest for partnerships including private equity funds established as limited partnerships. [read post]
23 Mar 2023, 3:00 am
This Davis Polk memo says that the plaintiffs’ bar has discovered Section 203 of the DGCL – the Delaware Takeover Statute – and has recently been asserting claims based on alleged non-compliance with its requirements in M&A litigation. [read post]
23 Mar 2023, 2:49 am
A new Delaware case that was filed last week may impact how far stockholder agreements can go, as reported in Law360. [read post]
22 Mar 2023, 9:05 pm
The “First Wave Poison Pill Laws” enacted in 1980s were subject to substantial uncertainty due to several rulings of Delaware courts, among others, which have both upheld and questioned the validity of the pill in various circumstances. [read post]
22 Mar 2023, 6:55 am
Previously, Radar covered only federal courts and the Delaware Court of Chancery. [read post]