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4 Nov 2019, 2:41 am by Peter Mahler
” Take note of Section 5.9’s use of the phrase, “pertains to the fact that” instead of the phrase, “by reason of the fact that” found in most state statutes enabling corporate indemnification and advancement including Delaware General Corporation Law § 145; the different verbiage became a central issue in the subsequent advancement litigation. [read post]
1 Nov 2019, 6:30 am by Guest Blogger
And insofar as conservatives are currently re-purposing other concepts like free speech and fairness to combat broad conceptions of equality or insisting that the state not discriminate against religious communities simply based upon fearful (and possibly erroneous) assumptions about their beliefs, they are already doing the work of equality by other means. [read post]
1 Nov 2019, 12:00 am by Doug Cornelius
Canellos, formerly of the SEC’s Enforcement Division and currently at Milbank, agreed, stating that without formal guidelines for cooperation credit, the SEC is “all over the map. [read post]
31 Oct 2019, 4:15 am by Christopher Hall
The United States Court of Appeals for the Federal Circuit decided on October 3 to affirm the ruling by the United States District Court for the District of Delaware that the asserted claims of U.S. patent number 7,774,911 are directed to patent ineligible subject matter under Section101. [read post]
31 Oct 2019, 4:15 am by Christopher Hall
The United States Court of Appeals for the Federal Circuit decided on October 3 to affirm the ruling by the United States District Court for the District of Delaware that the asserted claims of U.S. patent number 7,774,911 are directed to patent ineligible subject matter under Section101. [read post]
31 Oct 2019, 2:52 am by Liz Dunshee
Delaware’s judicial system is often pointed to as a competitive advantage over other states. [read post]
30 Oct 2019, 3:45 am by Kevin Kaufman
Table 1: Sales Tax Treatment of Groceries, Candy & Soda, as of July January 1, 2019 (a) Alaska, Delaware, Montana, New Hampshire, and Oregon do not levy taxes on groceries, candy, or soda. [read post]
29 Oct 2019, 1:32 pm by skelly
For instance, both federal and state laws can impose joint and several liability for the cost of remediation on a party that sent waste to a contaminated disposal site. [read post]
29 Oct 2019, 7:58 am by Kevin Kaufman
Inflation indexing of any sort is irrelevant for the seven states which forgo an individual income tax altogether, and there are no brackets to index in the 11 states with a single-rate income tax, though indexing provisions which define the income base, such as deductions and exemptions, still matter in these states. [read post]
29 Oct 2019, 7:56 am by Race to the Bottom
 Id.A bench trial on this acquisition is expected on January 27, 2020 in a Delaware Federal Court. [read post]
29 Oct 2019, 7:20 am by Joel Goldstein
The United States asserted the fund’s subrogated rights and the suits were consolidated. [read post]
29 Oct 2019, 3:34 am by Ben
However, recordings released before 1972 are protected by state-level rather than federal copyright law, so digital services argued that that royalty obligation didn't apply to pre-1972 tracks. [read post]
28 Oct 2019, 12:06 pm by Kimberly Gold and James F. Hennessy
Whereas some reserve the right for payors and providers to negotiate differences between telehealth and in-person services (for example, see Florida, Kentucky), California chose to follow the more restrictive path of other states (for example, see Delaware, Hawaii) that mandate payment parity. [read post]
25 Oct 2019, 6:31 am
Adopting a Long-term Value Bylaw Posted by Neil Whoriskey, Cleary Gottlieb Steen & Hamilton LLP, on Thursday, October 24, 2019 Tags: Business judgment rule, Business Roundtable, Delaware cases, Delaware law, Duty of loyalty, ESG, Long-Term value, Management, Shareholder primacy, Short-termism, Stakeholders The Corrosion Critique of Benefit Corporations Posted by Brett McDonnell (University of Minnesota),… [read post]
24 Oct 2019, 6:07 am by Erin Darreff
“The State must step up and pay to spray the New Jersey side of the Delaware River to suppress the gnat population. [read post]