Search for: "State of Delaware v. Wells."
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19 Jan 2022, 12:19 pm
Chancery Keeps Dissolution Case Despite Mandatory NY Forum Clause Although the general rule in Delaware is that forum selection clauses will be upheld, even if they require litigation to be conducted in states outside of Delaware, an exception to the rule was applied to keep a dissolution case in Delaware notwithstanding a contrary mandatory forum selection clause, in Seokoh, Inc. v. [read post]
17 Jan 2022, 12:12 pm
We have provided over seven CLE presentations nationwide for local and state bar associations. [read post]
17 Jan 2022, 12:12 pm
We have provided over seven CLE presentations nationwide for local and state bar associations. [read post]
13 Jan 2022, 11:05 am
[iii] Notably, under Delaware law and the law of other states, directors may have personal [indemnifiable] liability for an unlawful share repurchase. [read post]
13 Jan 2022, 10:14 am
Prior to this case, Delaware courts had not definitively stated whether a statute of repose was a matter of procedural or substantive arbitrability. [read post]
11 Jan 2022, 12:00 am
With the District Court of Delaware’s January 4 decision in a similar case (brought by GSK’s lawyers), Amarin v. [read post]
3 Jan 2022, 12:39 pm
Finally, there were also two SPAC-related SEC enforcement actions filed during 2021 as well (refer here and here). [read post]
3 Jan 2022, 12:58 am
As stated by the Appellate Division, First Department in Yudell v Gilbert, borrowing from the Delaware Supreme Court’s Tooley formulation, the determination depends on “(1) who suffered the alleged harm (the corporation or the stockholders); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders individually). [read post]
31 Dec 2021, 4:12 pm
Seven years later, Askin helped win Delaware v. [read post]
28 Dec 2021, 12:47 pm
See Page v. [read post]
27 Dec 2021, 12:37 am
Deal v Tugalo Gas Co. [read post]
22 Dec 2021, 2:55 am
As a result, the Nokia v. [read post]
20 Dec 2021, 5:30 am
New Issued Cases There were three defamation (libel and slander) cases issued on the media and communications list last week, as well as one data protection claim and one injunction application. [read post]
17 Dec 2021, 10:11 am
"] So held Delaware state court judge Eric Davis yesterday, in US Dominion, Inc. v. [read post]
CMS Vaccine Mandate Takes Effect in 26 States as Fifth Circuit Alters Scope of Nationwide Injunction
16 Dec 2021, 2:28 pm
” The 5th Circuit also acknowledged that the states that have not brought suit “may well have accepted and even endorsed the vaccination rule” and predicted that CMS would prevail on its effort to limit the scope of the injunction. [read post]
12 Dec 2021, 2:22 pm
., that an individual will become ill or die within a stated period of time or by a certain age). [read post]
10 Dec 2021, 12:30 pm
This week, we filed our reply brief in Mohamud v. [read post]
2 Dec 2021, 2:55 am
With distribution networks already well-developed, criminal gangs are poised to expand into nicotine products. [read post]
1 Dec 2021, 1:29 pm
The Pfizer Case The Delaware Superior Court’s decision in Pfizer Inc. v. [read post]
1 Dec 2021, 5:49 am
This area has been closely watched since the Delaware Supreme Court’s 2019 decision in Marchand v. [read post]