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New York Appellate Court’s Split Decision Involving Delaware LLC Pits “Harsh” Contractarianism Against “Fundamental Fairness”

18 Mar 2024, 4:32 am by Peter Mahler

The Appellate Division last week in Behler v Tao (read here) affirmed the order below in a 3-2 decision featuring a majority opinion authored by Presiding Justice Sallie Manzanet-Daniels, applying what she labels “explicitly contractarian” Delaware LLC law “sometimes leading to harsh results,” and a dissenting opinion authored by Justice Ellen Gesmer exalting “basic principles of contract law and fundamental fairness. [read post]

New York Business Divorce - http://www.nybusinessdivorce.com/

[Eugene Volokh] Eleventh Circuit Strikes Down Stop W.O.K.E. Act's Restrictions on Private Employers

4 Mar 2024, 4:04 pm by Eugene Volokh

From Honeyfund.com inc v. [read post]

The Volokh Conspiracy - http://www.volokh.com/

Cleary Gottlieb Discusses Delaware Decision on Conversion of Company into Nevada Corporation

3 Mar 2024, 9:01 pm by renholding

Travis Laster held in Palkon v. [read post]

The CLS Blue Sky Blog - https://clsbluesky.law.columbia.edu/

Pour Me Another: The Supreme Court Revisits the ‘Bad Wine’ of the Copyright Discovery Rule

22 Feb 2024, 11:29 am by Dennis Crouch

Tell me how you’re doing it. [read post]

Patently-O - https://patentlyo.com

In the Shadow of Oliver Wendell Holmes

13 Feb 2024, 6:30 am by Guest Blogger

Jill Lepore Oliver Wendell Holmes was born in 1841, when Andrew Jackson was president. [read post]

Balkinization - http://balkin.blogspot.com/

Alexander Ramsay: Unified Patent Court working hard to remedy problems with CMS

13 Feb 2024, 1:33 am by Kluwer Patent blogger

It’s not how real litigation systems work, they’re much more flexible. [read post]

Kluwer Patent Blog - http://patentblog.kluweriplaw.com/

Weekly Roundup: February 2-8, 2024

9 Feb 2024, 6:30 am

Danilack, Gibson, Dunn & Crutcher LLP, on Sunday, February 4, 2024 Tags: Activism, AI, Artificial intelligence, data analytics, Environment, litigation, Public disclosures, Risk management, SEC, Sustainability, technology Caremark Claim Based on Business Risks Dismissed Posted by Richard Horvath, Stephen Leitzell, and Taylor Jaszewski, Dechert LLP, on Monday, February 5, 2024 Tags: Business risk, Court of Chancery, Delaware Court of Chancery, Delaware law, In re Caremark, Legal… [read post]

The Harvard Law School Corporate Governance Blog - https://corpgov.law.harvard.edu/

Weekly Roundup: February 2-8, 2024

9 Feb 2024, 6:30 am

Danilack, Gibson, Dunn & Crutcher LLP, on Sunday, February 4, 2024 Tags: Activism, AI, Artificial intelligence, data analytics, Environment, litigation, Public disclosures, Risk management, SEC, Sustainability, technology Caremark Claim Based on Business Risks Dismissed Posted by Richard Horvath, Stephen Leitzell, and Taylor Jaszewski, Dechert LLP, on Monday, February 5, 2024 Tags: Business risk, Court of Chancery, Delaware Court of Chancery, Delaware law, In re Caremark, Legal… [read post]

Harvard Law School Forum on Corporate Governance - https://corpgov.law.harvard.edu

[Josh Blackman] All Blackman-Tillman Articles, Presentations, Amicus Briefs, Commentary, and Blog posts on Section 3 and Insurrection

7 Feb 2024, 7:47 pm by Josh Blackman

We're In The Section 3 Endgame Now (1/11/24). [read post]

The Volokh Conspiracy - http://www.volokh.com/

WIPIP session 6: IP Theory

3 Feb 2024, 2:59 pm by Rebecca Tushnet

Graham v. [read post]

43(B)log - http://tushnet.blogspot.com/

Clearinghouse: 2016 Election Interference Case – Manhattan District Attorney

1 Feb 2024, 7:00 am by Norman L. Eisen

Complaint in Superior Court of California (March 20, 2018) Common Cause FEC Complaint re: Michael Cohen et al. [read post]