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1 Dec 2014, 4:06 am by Kevin LaCroix
”   The letter urges that the Delaware General Assembly must “act promptly to restore confidence in Delaware’s credibility in developing a balanced corporate law, preserve shareholders’ access to the court system, and make clear that directors and officers cannot insulate themselves from accountability under the guise of unilateral bylaw provisions. [read post]
14 May 2021, 8:35 am by David Oxenford
As we wrote here, Section 230 of the Communications Act was designed to insulate online platforms from liability for content created by others that is hosted on their sites. [read post]
9 Feb 2012, 5:27 pm by David M. Goldman
There are some specific issues why using a canned or shell company documents may not be appropriate and why you should consider using agreements that are specifically drafted for FFLs. [read post]
7 Mar 2019, 6:30 am
During the last decade, an emerging conventional wisdom has taken root among lawyers, business commentators, judges, policymakers and (at least some) investors, asserting that managers of public companies are too often pressured to pursue short-term gains at the expense of managing for long-term value. [read post]
27 Feb 2020, 11:42 am by Dan Harris
For example, if Seller Party agrees to sell a Buyer Party a car but the day before the sale goes down the car is literally blown away by a tornado, the force majeure provision will likely insulate the Seller Party from liability. [read post]
6 Apr 2012, 12:23 pm by Gerald Ferguson
While the DMCA remains alive and well after the Second Circuit’s Viacom decision, the hosts of user generated content should not assume that they are insulated from liability just because they are complying with the formal procedures established by the DMCA for the removal of infringing user generated content from websites. [read post]
8 Aug 2013, 2:06 pm by Larry Tolchinsky
If you have a specific or personal situation, please call or email Larry because he can’t answer specific fact questions in general comments. [read post]
13 Jul 2010, 6:06 am by Daniel Schwartz
Pratt cannot, then, by invoking the business judgment rule, effectively insulate from review whether it engaged in a good faith pursuit of work preservation by requiring that we defer to its method of accounting for its measures. [read post]
Companies must balance these drawbacks against the potential upside in using captives as an alternative risk vehicle, which can include tax benefits, insulation from traditional insurance market volatility, and other cost savings. [read post]
9 Jan 2015, 8:31 am by Gene Quinn
Patent No. 8886929, issued under the title Generating a Chain of Trust for a Virtual Endpoint. [read post]
15 Sep 2010, 1:41 am by Kevin LaCroix
  However, Judge Kaplan denied the motion to dismiss with respect to the plaintiffs’ allegations that the offering documents misleadingly described the company’s mortgage-backed assets as "near prime and of high quality" and that the company was "well insulated from the worst effects of the market turmoil. [read post]
23 Jun 2011, 12:10 pm by Bexis
Generic Manufacturers Win Preemption In MensingThe Court decided 5-4 in favor of generic preemption today in Pliva, Inc. v. [read post]
23 Sep 2015, 4:40 pm by Kevin LaCroix
It blames the 12 individual defendants — 11 current and former directors and officers at Home Depot, as well as the company’s general counsel — for failure to oversee the company’s cybersecurity adequately. [read post]
11 Sep 2023, 9:57 am by Jon L. Gelman
The naturally occurring mineral has been used in products for its insulating properties for decades. [read post]
12 Dec 2015, 7:51 am by Andrew Delaney
And in the meantime, the SCOV issued this total-pollution-exclusion-applies-to-a commercial-spray-insulation-company’s-general-liability-policy decision. [read post]