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3 Feb 2022, 9:00 pm by Florian Mueller
"Sisvel does not claim that the two remaining patents-in-suit (from LG and BlackBerry) are exhausted under a contract with Qualcomm.Patent exhaustion may also play a role in Acer v. [read post]
19 Jan 2022, 12:19 pm by Francis Pileggi
DELAWARE SUPREME COURT DECISIONS Supreme Court Confirms Impact of Bankruptcy on LLC Membership A recent Delaware Supreme Court ruling endorsed the reasoning of a Delaware Court of Chancery decision holding that federal bankruptcy law does not entirely preempt the Delaware LLC Act to the extent that the LLC Act provides for a member of an LLC to become an assignee only, with economic rights, upon the filing of bankruptcy by that member, in Zachman… [read post]
13 Jan 2022, 11:05 am by Kevin LaCroix
[iii] Notably, under Delaware law and the law of other states, directors may have personal [indemnifiable] liability for an unlawful share repurchase. [read post]
11 Jan 2022, 12:00 am by Kurt R. Karst
  With the District Court of Delaware’s January 4 decision in a similar case (brought by GSK’s lawyers), Amarin v. [read post]
10 Jan 2022, 4:24 am by Peter J. Sluka
Citing mostly to Delaware law, including Vice Chancellor McCormick’s decision in CHC Investments, LLC v. [read post]
6 Jan 2022, 1:22 pm by Kevin LaCroix
But while the dismissal motions were granted in these cases, that does not necessarily mean the end of the threat from these lawsuits. [read post]
5 Jan 2022, 10:49 am by Francis Pileggi
  As in the Turf case, the court explained that the simple commercial contract at issue does not involve Delaware corporate law nor does it involve a contract to be performed in Delaware. [read post]
3 Jan 2022, 12:39 pm by Kevin LaCroix
The directors’ and officers’ liability environment is always changing, but 2021 was a particularly eventful year, with important consequences for the D&O insurance marketplace. [read post]
3 Jan 2022, 12:58 am by Peter Mahler
As stated by the Appellate Division, First Department in Yudell v Gilbert, borrowing from the Delaware Supreme Court’s Tooley formulation, the determination depends on “(1) who suffered the alleged harm (the corporation or the stockholders); and (2) who would receive the benefit of any recovery or other remedy (the corporation or the stockholders individually). [read post]