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2 Jan 2018, 3:03 am by Peter Mahler
Estate of Calderwood v ACE Group International LLC, __ AD3d __, 2017 NY Slip Op 08750 [1st Dept Dec. 14, 2017], involving a Delaware LLC in which the court held that the operating agreement’s provisions limiting the rights of the deceased member’s estate precluded the estate’s claim to full membership rights under Delaware statutory law. [read post]
22 Dec 2017, 8:43 am by Francis Pileggi
Importantly, as stated in many other Delaware decisions, “Delaware law does not charter law breakers, and a fiduciary of a Delaware corporation cannot be loyal to a Delaware corporation by knowingly causing it to seek profit by violating the law. [read post]
19 Dec 2017, 5:00 am by John Jascob
By Anne Sherry, J.D.The Delaware Supreme Court dismissed a derivative Caremark action against the Duke Energy board for breach of fiduciary duties related to the 2014 coal ash spill. [read post]
5 Nov 2017, 6:02 am by Wolfgang Demino
Banks have plenty of wiggle-room to adjust their business practices to changing regulatory realities.In short, the specters invoked by the industry are overblown. [read post]
5 Nov 2017, 6:02 am by Wolfgang Demino
Banks have plenty of wiggle-room to adjust their business practices to changing regulatory realities.In short, the specters invoked by the industry are overblown. [read post]
6 Oct 2017, 6:09 am
Posted by Ron Kaniel, University of Rochester Simon Business School, on Monday, October 2, 2017 Tags: Accounting, Agency costs, Asset management, Bonuses, Fund performance, Incentives, Institutional Investors, International governance, Management, Mutual funds, Pay for performance, Sweden Delaware’s Loss of Top Spot for Lawsuit Climate Posted by Ning Chiu, Davis Polk & Wardwell LLP, on Monday, October 2,… [read post]
6 Sep 2017, 3:05 am by John A. Gallagher
"In contrast to other employment-related claims, recoveries made on claims relating to violations of the Family and Medical Leave Act (“FMLA”) may not be taxable income, at least in cases decided in the Federal District Court sitting in the Eastern District of Pennsylvania.PENNSYLVANIA FEDERAL DISTRICT COURT SITTING IN PENNSYLVANIA DETERMINES THAT FMLA RECOVERIES ARE NOT TAXABLE AS W-2 INCOME Click Here to read how FMLA Leave and short-term disability benefits fit… [read post]
4 Sep 2017, 2:20 pm by Kevin LaCroix
To the extent that insurers’ pricing models are not taking these increased risks into account, their pricing calculations may result in premium charges that come up short. [read post]
31 Aug 2017, 6:38 pm by Carl Neff
 Carl is admitted in the State of Delaware and regularly practices before the Delaware Court of Chancery, with an emphasis on shareholder disputes. [read post]
28 Aug 2017, 3:39 am by Peter Mahler
This year’s edition of Summer Shorts picks up the summer pace with short summaries of three must-read decisions by New York and Delaware courts on three very different business divorce topics: use of a Special Litigation Committee to evaluate derivative claims brought by LLC members (New York); grounds for dissolution and the court’s remedial powers in shareholder oppression cases (New York); and LLC deadlock dissolution… [read post]
28 Aug 2017, 3:39 am by Peter Mahler
This year’s edition of Summer Shorts picks up the summer pace with short summaries of three must-read decisions by New York and Delaware courts on three very different business divorce topics: use of a Special Litigation Committee to evaluate derivative claims brought by LLC members (New York); grounds for dissolution and the court’s remedial powers in shareholder oppression cases (New York); and LLC deadlock dissolution… [read post]
9 Aug 2017, 9:09 pm by Adam Levitin
As a result, national banks that have major credit card operations have congregated in states with no or high limits, such as Delaware, Nevada, and South Dakota. [read post]
1 Aug 2017, 9:00 am by George M. Gould
In a recent decision of the CAFC entitled Millennium Pharmaceuticals, Inc. v. [read post]
29 Jul 2017, 5:32 pm by Wolfgang Demino
These lawsuits were all brought by various "National Collegiate Trust" ("NCT") entities, which are Delaware statutory trusts that acquire and hold a significant number of private student loans. [read post]