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13 May 2014, 4:31 am
” The opinion addresses a bylaw put in place in the context of a non-stock corporation, but the holding may be read to apply to all Delaware corporations. [read post]
Debevoise & Plimpton Discusses Delaware Chancery Decision Allowing Caremark Claim Against an Officer
30 Jan 2023, 9:01 pm
In one sense the decision, although one of first impression in Delaware, is not surprising: the Delaware Supreme Court has squarely held that corporate officers owe the same fiduciary duties as corporate directors. [read post]
5 Jan 2023, 10:00 am
Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s inquiry. [read post]
31 Jan 2019, 11:17 am
Section 220 of the Delaware General Corporation Law, 8 Del. [read post]
6 Sep 2009, 9:52 am
Delaware, June, 2009) ISSUE: Does the existence of four pending adversary proceedings or other litigation between the parties require denial of a requested... [read post]
1 Oct 2021, 5:15 pm
Zuckerberg, which set out Delaware's new-is demand futility standard. [read post]
8 Oct 2020, 4:41 pm
I am going back and forth with a friend and fellow Business Associations teacher as to whether it is possible for a Delaware business corporation to opt out of the shareholder wealth maximization... [[ This is a content summary only. [read post]
20 Oct 2011, 9:00 pm
The Third Circuit held that a Delaware school board’s policy of opening meetings with a prayer violates the First Amendment’s Establishment Clause. [read post]
15 Mar 2014, 10:25 am
., No. 334, 2013 (March 14, 2014) The Delaware Supreme Court today affirmed the Court of Chancery’s decision granting summary judgment to the defendants... [[ This is a content summary only. [read post]
24 May 2020, 1:46 pm
Similar to its federal counterpart, Delaware Rule of Evidence 601 states that Every person is competent to be a witness unless these rules provide otherwise. [read post]
20 Oct 2014, 2:14 pm
A friend recently emailed, raising a question about the new Delaware Chancery Court decision in In re KKR Financial Holdings LLC Shareholder Litigation, --- A.3d ----, 2014 WL 5151285 (Del.Ch.2014).... [[ This is a content summary only. [read post]
18 Oct 2016, 1:57 pm
Janaia Barnhart’s almost three years in a Delaware group home were coming to an end. [read post]
22 Apr 2022, 4:32 pm
There are a number of pending amendments to the Delaware General Corporation Law. [read post]
25 Sep 2021, 3:28 pm
., No. 2018-0671-JTL, 2021 WL _______ (Sep. 23, 2021), in which the Delaware Supreme Court established a new... [[ This is a content summary only. [read post]
4 Apr 2024, 10:00 pm
In a case with implications for companies with controlling stockholders, the Delaware Supreme Court held that the MWF Doctrine applies to any transaction involving a controlling shareholder receiving a non-ratable benefit, and both MFW cleansing mechanisms must be satisfied for business judgment review, rather than entire fairness, to apply to such transactions. [read post]
24 Aug 2006, 12:58 pm
The Delaware Supreme Court affirmed post-trial ruling by Court of Chancery that $20 million issuance of preferred stock to a third-party holding company... [read post]
23 Dec 2014, 5:26 am
Delaware Chancellor Bouchrad has issued an opinion in the Family Dollar Stores shareholder litigation, in which he concludes that the Revlon standard was triggered by a "sale of control. [read post]
23 Feb 2017, 1:24 pm
A substantially revised version of my paper, Interest Group Analysis of Delaware Law: The Corporate Opportunity Doctrine as Case Study (January 5, 2017). [read post]
4 Apr 2024, 10:00 pm
In a case with implications for companies with controlling stockholders, the Delaware Supreme Court held that the MWF Doctrine applies to any transaction involving a controlling shareholder receiving a non-ratable benefit, and both MFW cleansing mechanisms must be satisfied for business judgment review, rather than entire fairness, to apply to such transactions. [read post]
4 Oct 2022, 11:17 am
The post Elon Musk Willing To Pay Full Price For Twitter Again After Someone Must Have Explained Delaware Law To Him appeared first on Above the Law. [read post]
