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11 Jan 2018, 5:14 am
The Delaware Court of Chancery denied a motion seeking disclosure of privileged materials It bears repeating what this Court has stated before: that Delaware Rule of Evidence 502(b)—codifying the attorney-client privilege—stands in contrast to the bulk of the Rules of... [read post]
8 Jan 2018, 8:17 am
Additional considerations If you are a company incorporated in Delaware but conducting business in another state, you must qualify to do business in that state and pay the franchise tax (if any). [read post]
8 Jan 2018, 8:17 am
Additional considerations If you are a company incorporated in Delaware but conducting business in another state, you must qualify to do business in that state and pay the franchise tax (if any). [read post]
8 Jan 2018, 3:29 am
This is one of those relatively infrequent challenges to a cash-out merger involving New York-based Delaware corporations that gets litigated in a New York court rather than in Delaware Chancery Court. [read post]
8 Jan 2018, 3:00 am
The defendant invoked its Delaware citizenship and claimed that its Tennessee citizenship did not matter. [read post]
7 Jan 2018, 5:05 pm
” The complaint further asserts that the federal forum provisions, designating a court other than the courts of Delaware as the preferred forum, are inconsistent with Delaware Corporations Code Section 115, which bars bylaw provisions that “prohibit brining such claims in the court of this State. [read post]
5 Jan 2018, 2:52 pm
Its assets are also protected by the corporate form, because assets held by state-controlled entities like PDVSA, and ultimately CITGO, belong to those entities, not to the government itself. [read post]
5 Jan 2018, 11:13 am
Stein has appeared before federal and state courts throughout the United States including New York, New Jersey, Delaware, California, Florida, Texas, District of Columbia, Illinois, and Nebraska, and before the Court of Appeals for the D.C. and Federal Circuits, recently obtaining a Rule 36 affirmance of five separate summary judgments concerning alleged patent infringement, false patent marking, and commercial claims. [read post]
5 Jan 2018, 7:32 am
Delaware in APTALIS v. [read post]
5 Jan 2018, 6:02 am
LaFollette, Akin Gump Strauss Hauer & Feld LLP, on Wednesday, January 3, 2018 Tags: Board composition, Boards of Directors, Corporate Social Responsibility, Cybersecurity, Diversity, SEC enforcement, Securities enforcement, Securities regulation, Shareholder activism, Taxation The Appointment of Senior Program Fellow Robert Jackson as SEC Commissioner Posted by Kobi Kastiel (Harvard Law School), on Wednesday, January 3, 2018 … [read post]
5 Jan 2018, 5:30 am
California and Delaware do not tax state lottery winnings. [read post]
4 Jan 2018, 9:04 pm
Delaware, Hawaii, Iowa, Louisiana, Nevada, and Rhode Island are the others. [read post]
4 Jan 2018, 10:59 am
District Courts for Delaware and the Northern District of California will continue to see increased filings but there will also be more cases filed in other venues. [read post]
4 Jan 2018, 9:26 am
” What are these fruits of the bargain, as they are not expressly stated in the document; and indeed appear to have been waived? [read post]
3 Jan 2018, 9:01 pm
Only after 2002 did states like Delaware and Minnesota take the large steps forward to eliminate both civil and criminal SOLs and to revive expired civil SOLs. [read post]
2 Jan 2018, 5:08 pm
The upsurge in the number of federal court merger objection lawsuit filings is a direct result of a series of Delaware state court rulings, culminating in the January 2016 ruling in the Trulia case, in which several Delaware judges evinced their hostility to the type of disclosure only settlements that frequently characterize the resolution of merger objection lawsuits. [read post]
2 Jan 2018, 7:48 am
Delaware: The Delaware estate tax has been repealed effective January 1, thanks to legislation signed last year implementing a recommendation of a state advisory committee. [read post]
2 Jan 2018, 3:03 am
Estate of Calderwood v ACE Group International LLC, __ AD3d __, 2017 NY Slip Op 08750 [1st Dept Dec. 14, 2017], involving a Delaware LLC in which the court held that the operating agreement’s provisions limiting the rights of the deceased member’s estate precluded the estate’s claim to full membership rights under Delaware statutory law. [read post]
1 Jan 2018, 2:46 pm
As I have noted elsewhere, due to the Delaware courts’ hostility to merger objection suits and the disclosure only settlements by which these cases often are resolved, cases that in the past that would have been filed in state court (particularly in Delaware) are now being filed in federal court. [read post]
31 Dec 2017, 5:12 pm
commentary-on-caselaw, debt-buyer-suit, federal-preemption, MIDLAND-FUNDING-LLC, National-Bank-Act, usury – posted on 11/5/17LVNV Funding agrees to remittitur (reduction of damages awarded in judgment) by vacature of post-chargeoff interest and attorney fee award on appealattorneys-fees, Chase-Bank-USA-NA, debt-buyer-suit, LVNV, post-chargeoff-interest, prejudgment-interest, remittitur – posted on 11/4/17Student Loan Complaints State-by-State - CFPB Report CFPB,… [read post]
