Search for: "Public Defender of the State of Delaware"
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26 Sep 2021, 7:46 am
” Both of the complaints urge the court to “affirm that the boards and controlling shareholders of SPACs incorporated in Delaware owe the same fiduciary duties to their stockholders as do the boards and controlling shareholders of any Delaware corporation, and thus bring reasonable limits to the money-grabbing SPAC bonanza that has been burgeoning in recent years at the expense of the investing public. [read post]
23 Sep 2021, 1:09 pm
This is true whether the parties are public or private: a judge may not be compensated out of the fines he collects from defendants he convicts, and private residents may not exercise zoning power over their neighbors. [read post]
16 Sep 2021, 5:00 am
Nevertheless, the DGCL expressly states some prohibitions on corporate freedom, and more generally restricts charters and bylaws form containing provisions that are contrary to, or inconsistent with, Delaware law because they go against public policy.The plain language of Section 262, however, does not prohibit stockholders from waiving their appraisal rights by stating that stockholders "shall" have a right to appraisal. [read post]
12 Sep 2021, 8:15 am
Though many public companies are Delaware corporations, many are not. [read post]
9 Sep 2021, 2:49 pm
” She also reviewed the Delaware Supreme Court’s 2019 decision in Marchand v. [read post]
8 Sep 2021, 10:58 am
These kinds of provisions have been held to be facially valid by the Delaware Supreme Court, and several California state court rulings have enforced federal forum provisions. [read post]
6 Sep 2021, 6:36 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
6 Sep 2021, 8:07 am
As a result of Delaware case law developments, beginning in 2016 plaintiffs’ lawyers shifted the forum in which they filed the M&A-related lawsuits from state court (particularly Delaware state court) to federal court. [read post]
2 Sep 2021, 3:03 pm
In addition, on the basis of the forum selection provision in the company’s charter, Judge Seeborg severed out the plaintiff’s state law claims and dismissed the claims without prejudice, for the plaintiff to re-file those claims in Delaware if the plaintiff chooses to pursue that path. [read post]
31 Aug 2021, 11:31 am
There are a host of other issues as well, such as the absence in state court of procedural protections available in federal court; the prevalence in state court of weaker suits; and the pressure that multiple suits puts on defendants to settle, as discussed here. [read post]
20 Aug 2021, 4:00 am
Mike Dunleavy has an obligation to defend the laws of the state. [read post]
9 Aug 2021, 2:47 pm
It is also interesting and important that these Delaware state court lawsuits are about the SPAC itself and the SPAC-related individuals pre-merger conduct. [read post]
4 Aug 2021, 2:14 pm
On the issue of venue: Because each Defendant is incorporated in Delaware, no defendant “resides” in Texas for the purpose of patent venue. [read post]
2 Aug 2021, 4:06 pm
The defendants removed the action to the United States District Court for the Southern District of Ohio. [read post]
2 Aug 2021, 8:06 am
” Public 1: Administrative difficulties from court congestion; Public 2: Local interest in having test decided at home; Public 3: Familiarity of the forum with the law of the case; Public 4: Avoidance of unnecessary conflicts of laws. [read post]
28 Jul 2021, 2:29 pm
Supreme Court’s March 2018 decision in Cyan, and the more recent decrease in state court securities suit filings followed after the Delaware Supreme Court’s March 2020 decision in Sciabacucchi (in which the court upheld the validity and enforceability of federal forum selection charter provisions). [read post]
25 Jul 2021, 7:19 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
22 Jul 2021, 3:30 am
The state asserts common law claims and a claim under Delaware’s Consumer Fraud Act. [read post]
18 Jul 2021, 5:30 am
Momentus, Inc. is a Delaware corporation based in California seeking to develop commercially viable technology it could deploy to provide commercial space services. [read post]
18 Jul 2021, 5:00 am
Bohannan DDS Inc. furloughed their employees after the state of Texas prohibited specific dental procedures at the height of the pandemic. [read post]
