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Investors argue that managerial agency costs are high and that class actions and derivative suits are key shareholder monitoring mechanisms that they can deploy to keep managers in line. [read post]
2 May 2022, 7:22 pm by Populus Radio, Robert Ambrogi
Supreme Court victory defeating the state of Georgia’s claim of copyright in its official legislative code, to his 2022 federal court win allowing him to publish private-industry technical standards that are incorporated by reference into thousands of federal, state and local laws, Malamud has devoted his career to freeing the law. [read post]
4 Feb 2021, 6:52 am by Kevin LaCroix
  The Vice Chancellor further noted that MoneyGram’s Articles of Incorporate contain a Section 102(b)(7) provision exculpating the directors from liability except for breaches of the duty of loyalty. [read post]
23 May 2022, 4:05 am by Joseph Parise
Claiming experienced managers with decades of experience not only don’t but can’t improve the return of a fund runs contrary to received wisdom. 1. [read post]
21 Mar 2009, 10:32 am
Additionally, Citigroup's certificate of incorporation exculpated board members from personal liability except for acts or omissions not in good faith. [read post]
11 Oct 2019, 8:48 am
Because the statute has specific criteria for bringing ultra vires claims that the homeowner failed to observe, the Court held that Petitioner’s defense of an offset was precluded.Facts: The Petitioner owned a home in the Diamond Farm development of Montgomery County, which was managed by a homeowners association (“Association”). [read post]
4 Apr 2016, 10:37 am
  Are they suing in their states of residence or where their claimed injuries arose? [read post]
15 May 2024, 6:02 am by Kevin LaCroix
Sum insuredIn D&O claims with several insured managers, it can happen that their claims for cover exceed the contractually agreed sum insured. [read post]
21 Jan 2020, 2:11 pm by Theodore J. Kobus III
In a world dependent on data, this group takes a 360-degree approach to the delivery of services and counsel to clients on how they manage and use information, comply with regulations, incorporate new technology and defend against internal and external threats. [read post]
27 Dec 2011, 11:40 am
The emphasis is on the how-to of claim drafting, rather than on the history and theory of claiming [This is true but, in focusing on the how-to, the author subtly incorporates the theory, or at least enough of it to inform the reader the answer to the question why the how-to teaches one technique rather than another]. [read post]
26 Sep 2023, 11:20 am by Kevin LaCroix
In each of these cases, the allegations were not that the target companies were ESG laggards but that they had claimed too much in trying to establish their ESG credentials. [read post]
6 May 2013, 3:58 am by Peter Mahler
State laws give voting power and, hence, management control, to majority shareholders in closely-held corporations. [read post]
23 Apr 2019, 10:08 pm by InvestorLawyers
CVMC REIT I was incorporated on December 16, 2009 as a Maryland corporation that elected to be taxed as a real estate investment trust (REIT). [read post]
19 Mar 2020, 9:02 am by Nina Skinner
Salzberg.[2]  In Sciabacucchi, the plaintiffs sought to invalidate those provisions in the certificates of incorporation of Blue Apron, Roku and Stitch Fix. [read post]
27 May 2011, 7:15 am by Larry Ribstein
  This would negate any effort by Nevada to attract managers seeking to escape fraud liability. [read post]
28 Aug 2017, 7:31 am by Lev Martyniuk
Should the drafting attorney decide early on whether to expressly incorporate by reference the corporate governance pr [read post]
28 Aug 2017, 7:31 am by Lev Martyniuk
Should the drafting attorney decide early on whether to expressly incorporate by reference the corporate governance pr [read post]
1 Oct 2018, 6:00 am by Beth Graham
Encore does not contend otherwise, but nonetheless claims Section 9.10 by incorporating the draft Operating Agreement made all its terms, including the arbitration clause, immediately enforceable. [read post]