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26 Feb 2023, 6:30 am
Delaware Supreme Court Enforces Partnership Agreement’s Unambiguous Exculpation Provision Waiving Fiduciary Duties and Presuming Good Faith When Relying on Advice of Counsel in Reversing $690 Million Damages Award to Minority Investors of Boardwalk Pipeline Partners LP On December 19, 2022, Chief Justice Seitz issued an opinion for a unanimous Delaware Supreme Court, sitting en bane, reversing and remanding the Delaware… [read post]
22 Feb 2023, 9:05 pm
Yet today, shareholder activism and concern for environmental, social, and governance (ESG) issues may be causing those paths to converge, a possibility highlighted by recent judicial decisions on anti-activist pills in the Delaware courts and the Japanese Supreme Court. [read post]
22 Feb 2023, 1:07 pm
As such, the Federal District Court of Delaware has recently found itself at the center of this high-stakes debate about transparency and the purpose of the courts. [read post]
22 Feb 2023, 12:48 pm
The post Delaware’s Supreme Court Raised The Bar For Administering The Bar Exam appeared first on Above the Law. [read post]
21 Feb 2023, 3:31 pm
Supreme Court, then-Judge Brett Kavanaugh wrote of the “N-word” that it is “probably the most offensive word in English. [read post]
21 Feb 2023, 1:15 pm
As to the allocation issue, Judge Johnston relied heavily on the Delaware Supreme Court’s holding in the Murdock case (discussed here), concluding, in reliance on the Supreme Court’s opinion, that the Larger Settlement Rule applies not only to Settlements but also to defense costs. [read post]
21 Feb 2023, 9:55 am
In a 1992 Supreme Court decision, Dawson v. [read post]
21 Feb 2023, 4:00 am
The post How the Supreme Court’s Judicial Activism Compromises Public Health appeared first on Bill of Health. [read post]
20 Feb 2023, 4:46 am
Shortly before the settlement’s announcement, a Veritaseum shareholder filed a derivative action in New York Supreme Court alleging that Middleton caused patents belonging to the company to be transferred to himself personally and used by other companies owned and controlled by him in breach of his fiduciary duty of loyalty. [read post]
17 Feb 2023, 6:13 am
" But the Delaware Supreme Court has clarified that such statements are only conditionally privileged. [read post]
16 Feb 2023, 4:25 am
JAN. 6 ATTACK AND 2020 ELECTION PROBES Former Vice President Mike Pence said yesterday that he is willing to take his fight against a Justice Department subpoena for his testimony all the way to the Supreme Court. [read post]
15 Feb 2023, 7:38 am
The reasonable expectations test used in New Jersey was first adopted by the Delaware Supreme Court in the case of Weinberger v. [read post]
13 Feb 2023, 6:00 am
Dec. 1, 2022)The Delaware Supreme Court’s Cornerstone Therapeutics decision established that, although a transaction involving a controller must satisfy entire fairness review, plaintiffs seeking money damages against independent directors protected by an exculpation clause must still state a non-exculpated claim against each such director, or that director will be entitled to dismissal. [read post]
8 Feb 2023, 6:30 am
Nonetheless, the Supreme Court overturned the Court of Chancery’s legal holding that the general partner was liable for willful misconduct. [read post]
8 Feb 2023, 6:30 am
Nonetheless, the Supreme Court overturned the Court of Chancery’s legal holding that the general partner was liable for willful misconduct. [read post]
7 Feb 2023, 2:13 pm
The Delaware Court of Chancery disagreed, noting several reasons why it made sense to impose duties of oversight on directors: (i) officers, as the day-to-day managers of a corporation are in a better position than directors to implement the information systems and respond to red flags within their domain of responsibility; (ii) the Delaware Supreme Court held in Gantler v. [read post]
6 Feb 2023, 9:01 pm
For example, in 2020, the Delaware Court of Chancery addressed both prongs of Caremark in the Teamsters v. [read post]
6 Feb 2023, 11:15 am
Grayscale Investments, LLC, filed in Delaware Chancery Court on December 6, 2022. [read post]
6 Feb 2023, 10:51 am
Cook does actually tell Nokia to grant Conti a global portfolio license, that ruling will be appealed to Delaware's Supreme Court. [read post]
5 Feb 2023, 5:12 pm
A recent decision of the Delaware Court of Chancery is noteworthy for clarifying the less-than-clear case law regarding what specific factual allegations in support of a petition for judicial dissolution of an LLC would survive a motion to dismiss. [read post]
