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4 Apr 2020, 6:44 am
Such forum selection provisions were broadly implemented in the wake of the United States Supreme Court’s decision in Cyan, Inc. v. [read post]
2 Apr 2020, 4:14 pm by John Jascob
Blue Apron Holdings, Inc., the Delaware Supreme Court held that a company’s charter provisions requiring Securities Act claims to be brought in federal court were facially valid under Delaware law. [read post]
29 Mar 2020, 6:46 pm by Francis Pileggi
Supreme Court decisions and prior decisions of the Delaware Supreme Court, including the recent SCOTUS opinion in Cyan, Inc. v. [read post]
27 Mar 2020, 6:01 am
Bell, Fenwick & West LLP, on Sunday, March 22, 2020 Tags: Board composition, Boards of Directors, Classified boards, Diversity, Dual-class stock, Majority voting, Shareholder voting, State law, Surveys, Tech companies Federal Forum Selection Charter Provisions Validated by Delaware Supreme Court Posted by William B. [read post]
26 Mar 2020, 5:56 pm by Francis Pileggi
The March 17 opinion answered several certified questions of Delaware law posed by the United States Court of Appeal for the Third Circuit to help it decide whether to uphold the dismissal of an amended federal qui tam complaint against Sanofi, Bristol-Meyers Squibb Co. and Aventis, Inc. under the False Claims Act 31 U.S.C. [read post]
24 Mar 2020, 12:30 pm by James Kim and Scott A. Coleman
The proposed rule, together with the FDIC’s recent approvals of deposit insurance applications for Nelnet Bank and Square Financial Services, Inc., suggest the ILC charter as a viable alternative to the OCC’s fintech charter, which has been stalled by litigation. [read post]
19 Mar 2020, 3:28 pm by John Stigi
” The Court’s decision clears the way for Delaware corporations to implement in their bylaws or charters federal forum provisions that require 1933 Act claims to be brought solely in federal court, thus avoiding the cost of duplicative state court 1933 Act litigation permitted under Cyan, Inc. v. [read post]
18 Mar 2020, 1:46 pm by Kevin LaCroix
  A number of high profile IPO companies adopted these kinds of provisions, including, for example, Snap, Inc. [read post]
11 Mar 2020, 4:00 am by Administrator
West Edmonton Mall Property Inc v Proctor, 2020 ABQB 161 (CanLII) [116] The tweets and pronouncements of Donald Trump do not confer upon Ms. [read post]
28 Feb 2020, 7:07 pm by Michael Douglas
  See Tridon Australia Pty Ltd v ACD Tridon Inc [2004] NSWCA 146 and AED Oil Ltd v Puffin FPSO Ltd [2010] VSCA 37; 27 VR 22 at [18]-[20]. [read post]
28 Feb 2020, 7:07 pm by Michael Douglas
  See Tridon Australia Pty Ltd v ACD Tridon Inc [2004] NSWCA 146 and AED Oil Ltd v Puffin FPSO Ltd [2010] VSCA 37; 27 VR 22 at [18]-[20]. [read post]
28 Feb 2020, 7:07 pm by Michael Douglas
  See Tridon Australia Pty Ltd v ACD Tridon Inc [2004] NSWCA 146 and AED Oil Ltd v Puffin FPSO Ltd [2010] VSCA 37; 27 VR 22 at [18]-[20]. [read post]
23 Feb 2020, 2:57 pm by Francis Pileggi
The Delaware Court of Chancery recently dismissed the remaining defendants from a lawsuit that Wanu Water Inc. [read post]