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8 Sep 2021, 12:53 pm
Indeed, both decisions on appeal before the Ohio and Delaware courts focused their analysis on the “because of” inquiry, citing the Seventh Circuit’s logic in Cincinnati Ins. [read post]
8 Sep 2021, 10:58 am
These kinds of provisions have been held to be facially valid by the Delaware Supreme Court, and several California state court rulings have enforced federal forum provisions. [read post]
8 Sep 2021, 8:01 am
” “OptimisCorp Seeks Suit Halt Amid Bid To DQ Plaintiffs, Bayard” — “OptimisCorp wants to pause a derivative suit in Delaware Chancery Court involving claims against the company’s CEO and other officers, pending decision on its bid to have plaintiffs and their counsel, Bayard PA, disqualified because of ‘conflicts’ it says ‘threaten’ to prejudice the case. [read post]
8 Sep 2021, 6:26 am
In the three years that followed, this “fraud-on-the-board” theory of liability has received long-form discussion in at least eight published Delaware opinions and evolved into a Swiss Army knife for stockholder-plaintiffs—indeed, Delaware courts have recently applied the once-obscure theory to serve at least three distinct doctrinal ends. [read post]
7 Sep 2021, 2:02 pm
Posted: September 7, 2021 2:27 PM ET link: https://covid.cdc.gov/covid-data-tracker/#cases_deathsper100klast7days Texas 5.9 Virgin Islands 5.7 Mississippi 5.4 Arkansas 5.2 Oklahoma 4.9 Louisiana 4.7 Georgia 4.5 West Virginia 4.1 Wyoming 4 South Carolina 3.9 Nevada 3.4 Arizona 2.9 Alabama 2.8 North Carolina 2.8 Oregon 2.8 Idaho 2.7 Hawaii 2.5Kansas 2.5 Guam 2.4 Montana 2.3 Puerto Rico 2.1 Washington 2.1 Tennessee 1.9 Kentucky 1.8 Colorado 1.7 New Mexico 1.6 Wisconsin 1.6 Delaware 1.4… [read post]
7 Sep 2021, 9:31 am
Posted: September 4, 2021 1:53 PM ET , showed the following for US COVID-19 7-Day Death Rate per 100,000, by State/Territory: Louisiana 7.5 Virgin Islands 6.7 Arkansas 6.2 Texas 5.5 South Carolina 5.4 Georgia 5.3 Oklahoma 5 Nevada 4.9 Tennessee 4.2 Mississippi 4 Wyoming 4 Alabama 3.9 North Carolina 3.7 Oregon 3.7 West Virginia 3.5 Missouri 3.4 Arizona 3.2 Idaho 2.9 Kansas 2.9 Montana 2.6 Puerto Rico 2.6 Guam 2.4 Washington 2.4 Hawaii 2.1Kentucky 1.9 Indiana 1.7 New Mexico 1.7 Illinois 1.5 Nebraska… [read post]
6 Sep 2021, 7:42 pm
A recent ruling of the Delaware Court of Chancery provides a useful refresher on the standards that must be met for various exceptions or waivers of the attorney/client privilege to apply. [read post]
6 Sep 2021, 6:36 pm
This post was prepared by Frank Reynolds, who has been following Delaware corporate law, and writing about it for various legal publications, for over 30 years. [read post]
6 Sep 2021, 5:17 pm
After all, Delaware is famous as an exporter of Delaware entities operating in other states, not as an importer of non-Delaware entities operating in Delaware. [read post]
6 Sep 2021, 8:07 am
As a result of Delaware case law developments, beginning in 2016 plaintiffs’ lawyers shifted the forum in which they filed the M&A-related lawsuits from state court (particularly Delaware state court) to federal court. [read post]
4 Sep 2021, 8:35 pm
He has been a member of the Delaware Valley Paleontological Society in Philadelphia. [read post]
4 Sep 2021, 4:47 pm
Posted: September 4, 2021 1:53 PM ET The national average is 2.4 per 100,000 Louisiana 7.5 Virgin Islands 6.7 Arkansas 6.2 Texas 5.5 South Carolina 5.4 Georgia 5.3 Oklahoma 5 Nevada 4.9 Tennessee 4.2 Mississippi 4 Wyoming 4 Alabama 3.9 North Carolina 3.7 Oregon 3.7 West Virginia 3.5 Missouri 3.4 Arizona 3.2 Idaho 2.9 Kansas 2.9 Montana 2.6 Puerto Rico 2.6 Guam 2.4 Washington 2.4 Hawaii 2.1 Kentucky 1.9 Indiana 1.7 New Mexico 1.7 Illinois 1.5 Nebraska 1.5 Colorado 1.4 Wisconsin 1.4 Delaware… [read post]
3 Sep 2021, 6:29 pm
Florida is well below the national average for deaths per 100,000 (which is 7 DAY DEATH RATE PER 100,000 2.3 ) Louisiana 7.7 Arkansas 6.5 Texas 5.5 Nevada 5.4 Oklahoma 5.4 South Carolina 5.3 Mississippi 5.1 Georgia 4.8 Wyoming 4 Virgin Islands 3.8 West Virginia 3.8 Tennessee 3.7 Alabama 3.6 Oregon 3.6 Missouri 3.5 Idaho 3.4 North Carolina 3.4 Arizona 3 Puerto Rico 3 Guam 2.4 Montana 2.4 Hawaii 2.3 Washington 2.3 Indiana 1.7 Nebraska 1.7 Delaware 1.6 Florida 1.6Kansas 1.6 CDC | Data as of:… [read post]
3 Sep 2021, 12:35 pm
Even if you have not formed your LLC in Delaware, at a later date you can convert it to Delaware to take advantage of the Delaware LLC Act. [read post]
3 Sep 2021, 10:00 am
Delaware has long been known as a popular state for incorporation of a new business. [read post]
3 Sep 2021, 6:31 am
...at 3:16 AM. [read post]
3 Sep 2021, 5:46 am
Davis, Kirkland & Ellis LLP, on Saturday, August 28, 2021 Tags: Delaware cases, Delaware law, Due diligence, Joint ventures, Merger litigation, Mergers & acquisitions, New York, Non-competition agreements, State law Statement by Chair Gensler on Broker-Dealer and Investment Adviser Digital Engagement Practices Posted by Gary Gensler, U.S. [read post]
2 Sep 2021, 3:03 pm
In addition, on the basis of the forum selection provision in the company’s charter, Judge Seeborg severed out the plaintiff’s state law claims and dismissed the claims without prejudice, for the plaintiff to re-file those claims in Delaware if the plaintiff chooses to pursue that path. [read post]
2 Sep 2021, 11:58 am
In an article for Delaware Employment Law Letter, Russell wrote that discussions of accommodations are often “plagued by catastrophic thinking. [read post]
2 Sep 2021, 9:29 am
Under Delaware law, the mere threat of a proxy contest does not render a director conflicted. [read post]
