Search for: "Capital One Financial Corporation, a Delaware corporation"
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26 Oct 2011, 7:02 am
Richard Shepherd – Former Vice-President and General Counsel for Saxon Mortgage (now Morgan Stanley) Margery Golant – Former Assistant General Counsel at Ocwen Financial Corporation and Department Manager of a major plaintiff? [read post]
20 Oct 2011, 10:23 am
Most such firms need the corporate feature of “capital lock in” which precludes buyout and dissolution provisions. [read post]
20 Oct 2011, 2:00 am
Last week, the Delaware Court of Chancery awarded a whopping $1.263 billion in damages in a derivative action that challenged Southern Peru Copper Corporation’s acquisition of Minera Mexico, S.A. de C.V., from Southern Peru’s own controlling shareholder. [read post]
15 Oct 2011, 1:09 pm
Consistent with Delaware Supreme Court precedent in Kahn v. [read post]
10 Oct 2011, 5:00 am
A special board committee that excluded the one director “appointed” by CVCI was created to deal with the offer. [read post]
4 Oct 2011, 3:28 pm
Hence, they hold the gate between the corporation and the promised land of investor capital. [read post]
29 Sep 2011, 12:15 am
Accordingly, if you asked a tax practitioner in one of the firms doing a good bit of capital market work what they generally looked at to determine whether a financial instrument labeled debt was indeed to be treated as "debt in substance" for tax purposes, that practitioner would likely point to the credit rating as one of the primary factors, along with the amount of capital in the entity and the terms of the debt--in… [read post]
14 Sep 2011, 10:53 pm
” Delaware is one prominent example, serving as the state of incorporation for half of all publicly traded companies. [read post]
6 Sep 2011, 1:56 am
While some have questioned the merits or value of these cases, at least one of these cases recently survived a motion to dismiss, as discussed here. [read post]
17 Aug 2011, 2:00 am
Overall, the Ness Technologies ruling may ultimately be viewed favorably from the perspective of corporate defendants and their financial advisors seeking to avoid the burden and expense of plaintiffs’ fishing expeditions. [read post]
9 Aug 2011, 6:02 pm
The one major significant benefit to being incorporated in Delaware is that Delaware has a highly developed body of corporate law. [read post]
19 Jul 2011, 10:08 am
A long form merger generally leaves the surviving company with one shareholder, a subsidiary of the acquirer. [read post]
26 Jun 2011, 4:47 pm
Yet the WSJ article suggest the firms will have corporate-type “capital lock-in” (to use Margaret Blair’s term): “Mr. [read post]
13 Jun 2011, 1:59 am
I understand the argument that if directors faced a greater likelihood of being personally liable financially, there would be greater deterrence of corporate misconduct. [read post]
8 Jun 2011, 5:54 am
It’s one thing to create priorities (or supersecured creditors) that everyone knows about. [read post]
23 May 2011, 4:00 am
For this and other reasons, many New York-based business ventures, especially highly capitalized ones with sophisticated outside investors, use Delaware LLCs with carefully drawn operating agreements insulating managers from liability for fiduciary lapses. [read post]
19 May 2011, 7:16 am
The opinion also highlights a potential question: what constitutes so-called "management projections" under Delaware law: (a) projections prepared by officers of the corporation, or (b) projections endorsed by the directors charged with a duty to "manage" the corporation under Section 141(a) of the DGCL? [read post]
19 May 2011, 12:01 am
Same thing went on at JPMorgan Chase, GMAC/Ally Financial, and Citibank, right? [read post]
11 May 2011, 6:51 am
The chief executive officer and chief financial officer would benefit from an incentive program that would cost $1.02 million at most. [read post]
27 Apr 2011, 1:09 am
What is surprising is that the litigation is attempting to capitalize on the say on pay vote. [read post]
