Search for: "Matter of the State of Delaware"
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22 Mar 2013, 4:17 am
The court, applying Delaware law, found that the plaintiff had not pleaded facts sufficient to show that demand would have been futile, or to state a claim upon which relief could be granted. [read post]
12 Apr 2010, 1:30 am
An abstract from the recent paper by Professors John Armour, Bernard Black and Brian Cheffins provides that: With the state competition for incorporations, Delaware's courts are seen as an integral part of the Delaware "brand", which implies most corporate cases involving Delaware companies are litigated in Delaware. [read post]
22 Sep 2019, 3:55 pm
” While Delaware law has certain authority on internal matters related to the company’s organization, that authority “does not extend to its creation’s external relationships. [read post]
16 Jul 2013, 9:42 am
The court further reasoned that the bylaws were not inconsistent with the law because Delaware respects the internal affairs doctrine, which recognizes that the laws of the state of an entity’s incorporation should govern a its internal affairs. [read post]
4 Sep 2020, 8:41 am
Stark on September 1, 2020, the United States District Court for the District of Delaware announced its plan to transition into Phase 2 of its Re-Opening Guidelines on September 15, 2020, subject to conditions with respect to the coronavirus in Delaware and the surrounding region. [read post]
9 Jan 2024, 6:00 am
Though the Court ultimately applied a Delaware choice-of-law provision, Centurion highlights that Delaware courts do not blindly apply such clauses “when doing so would circumvent the public policy of another state that has a greater interest in the matter. [read post]
4 Oct 2020, 9:29 am
As an initial matter, the state claimed, because Adams [read post]
17 Apr 2011, 7:34 am
Scope of Inspection While the language of Section 220 refers to "books and records" as the scope of inspection is limited to information that is "necessary to accomplish the stated purpose. [read post]
31 Mar 2015, 12:00 pm
” In doing so, the court rejected the plaintiff’s argument that, because discovery is typically a matter of procedure, and thus governed by the law of the forum state, California’s policy favoring broad access to discovery should trump Delaware law. [read post]
6 Oct 2010, 5:34 am
Delaware readers may be interested a few upcoming events designed to help prevent identity theft. [read post]
5 Feb 2010, 4:34 am
For that matter, neither does the SEC (which is often described by Delaware critics as Delaware’s antipode). [read post]
6 May 2010, 10:19 am
As noted, New York lawyers are included on the panels for this seminar on Delaware law, and some New York lawyers appear in the Delaware Courts more often that some Delaware lawyers--and a sizeable number of New York lawyers are just as conversant in Delaware corporate law matters as many Delaware lawyers. [read post]
7 Dec 2017, 4:53 pm
On Wednesday, a federal district court held that the party balance requirement is unconstitutional: Article IV, § 3 of the Constitution of the State of Delaware violates the First Amendment by placing a restriction on governmental employment based on political affiliation in the Delaware judiciary. [read post]
17 Mar 2024, 10:58 am
Why would a company change its state of incorporation from Delaware to another state? [read post]
20 Sep 2017, 9:18 am
” The court noted that the defendant made and sold generic pharmaceutical products which are distributed in the United States, including Delaware. [read post]
11 Jul 2012, 1:12 pm
As an initial matter, the article does not say that any other state requires disclosure of beneficial owners of entities. [read post]
6 Jan 2012, 9:00 am
Thus, say on pay, shareholder access, clawbacks, and jurisidiction of audit and compensation committees have all become matters of federal law. [read post]
14 Jul 2020, 1:16 pm
” Because these matters are all internal, the question of the state law that governs these affairs is equally internal – meaning that in this case Delaware law should govern the question of the validity and enforceability of the federal forum provisions. [read post]
8 Aug 2009, 6:59 am
Since most states look to Delaware for guidance on matters of corporate law, it is important to keep up with the significant decisions of Delaware courts. [read post]
3 May 2012, 8:18 pm
However, I hope we can agree, as a matter of positive Delaware corporate law (and the law of states that follow Delaware’s lead), that the primary purpose of the traditional corporation is to maximize shareholder wealth. [read post]
