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10 Jan 2023, 7:12 am by Kevin LaCroix
Notably, the Ninth Circuit has requested supplemental briefing on the following two issues: (1) the legal impact of the fact that Gap’s forum-selection provision applies to only derivative claims, not direct claims, under the Exchange Act; and (2) the application of Delaware General Corporate Law Section 115. [read post]
9 Jan 2023, 4:38 am by Franklin C. McRoberts
That is partly because most of the business dissolution statutes, including for limited partnerships (see Partnership Law § 121-802), corporations (see Business Corporation Law § 1112), and LLCs (see Limited Liability Company Law § 702), provide that a proceeding for judicial dissolution shall be brought in the “Supreme Court in the judicial district in which the office” of the entity is located. [read post]
8 Jan 2023, 9:26 am by Rob Robinson
From a legal perspective, the new company is typically organized as either a C-corporation or as a limited liability company (“LLC”). [read post]
5 Jan 2023, 9:05 pm by Nabil Shaikh
The FTC noted that non-compete clauses bind one in five workers in the U.S. [read post]
5 Jan 2023, 6:17 pm by Steve Bainbridge
The Exchange Act voids “[a]ny condition, stipulation, or provision binding any person acquiring any security to waive compliance with any provision of this title. [read post]
30 Dec 2022, 7:13 am by Lauren Aversa
A letter of intent is a non-binding offer to purchase a business that outlines the key terms of the deal. [read post]
29 Dec 2022, 9:05 pm by Victoria Hawekotte
Texas Attorney General Ken Paxton tweeted that despite the court’s ruling, he had appealed the case and investigations of families could proceed. [read post]
28 Dec 2022, 11:18 am by Holly
A letter of intent is a non-binding offer to purchase a business that outlines the key terms of the deal. [read post]
20 Dec 2022, 11:22 pm by Florian Mueller
Microsoft Corporation Complaint to Prohibit the Acquisition of Activision Blizzard by Microsoft corporation in Violation of Section 7 of the Clayton Antitrust Act, 15 U.S.C. [read post]
19 Dec 2022, 3:12 am by Jan von Hein
Illetschko: The General International Jurisdiction for Legal Actions against Board Members of International Corporations – Comment on OLG Innsbruck, 14 October 2021 – 2 R 113/21s, IPRax (in this issue) In the present decision, the Higher Regional Court of Innsbruck (Austria) held that (also) Austrian courts have jurisdiction for investors lawsuits against the former CEO of the German Wirecard AG, Markus Braun. [read post]
16 Dec 2022, 1:58 pm by Arianna Morseau
The development director for the National Indian Child Welfare Association (NICWA) leads the overall fundraising and membership solicitation efforts including, but not limited to, individual gift solicitation, corporate solicitations, annual fund development, membership solicitations, corporate and foundation grants, tribal solicitations, fundraising event activities, and development communications. [read post]
15 Dec 2022, 2:07 am by Florian Mueller
They are now facing an uphill battle as the Advocate General assigned to this case fundamentally disagrees with them. [read post]
14 Dec 2022, 5:31 am by Karen Sokol
The first binding agreement negotiated under the UNFCCC—the Kyoto Protocol—was short lived because it contained a mitigation obligation structure that reflects the CBDR-RC principle. [read post]
7 Dec 2022, 8:38 am by Anusia Gillespie
Through all of these challenges, the thread that binds is facing fear. [read post]
5 Dec 2022, 4:23 am by Peter Mahler
The amendment also gives the controller the right to appoint an appraiser to “determine” the repurchase price which “shall be final and binding on all parties. [read post]
3 Dec 2022, 7:08 am
  It is therefore important to adopt measures to protect the general welfare and the interest of the collectivity as a whole under the concept of public order (ordre public). [read post]
30 Nov 2022, 6:32 am
Glass Lewis believes binding proposals should be subject to heightened scrutiny since they do not allow the board latitude in implementation to ensure consistency with existing corporate governance provisions. [read post]
30 Nov 2022, 6:32 am
Glass Lewis believes binding proposals should be subject to heightened scrutiny since they do not allow the board latitude in implementation to ensure consistency with existing corporate governance provisions. [read post]