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8 Jun 2020, 3:27 am
Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas. [read post]
6 Jun 2020, 8:09 am
In doing so, they managed to break down or reduce some of the most important barriers for meaningful shareholder voice in director elections in Delaware companies—barriers that have been uncommon in Europe. [read post]
5 Jun 2020, 1:44 pm
Shure then sued here for infringement of another patent, as well as federal false advertising, Delaware Deceptive Trade Practices Act, unfair competition, tortious interference claims based on ClearOne’s alleged marketplace misconduct; Shure then added claims based on a newly granted design patent. [read post]
5 Jun 2020, 10:28 am
Supr., No. 68, 2020 (May 22, 2020), the Delaware Supreme Court provides useful guidance about how to determine the meaning of a key word in an agreement. [read post]
5 Jun 2020, 6:05 am
This is not only the practical answer—it is the essential animating principle of Delaware law. [read post]
5 Jun 2020, 6:05 am
Varallo, Andrew Blumberg, and Alla Zayenchik, Bernstein Litowitz Berger & Grossmann LLP, on Tuesday, June 2, 2020 Tags: Books and records, Delaware cases, Delaware law, DGCL Section 220, Discovery, Misconduct, Shareholder suits Compensation Impacts of COVID-19 on Performance-Based Incentive Awards Posted by Gregory T. [read post]
5 Jun 2020, 4:00 am
., May 30, 2020), a majority of a 3-judge panel in the U.S. 3rd Circuit Court of Appeals upheld a Delaware federal district court's denial of a preliminary injunction to a pastor who objected to the Governor's COVID-19 restrictions on worship services. [read post]
5 Jun 2020, 3:00 am
.; 4/20), the Delaware Chancery Court relied upon a contractual disclaimer of reliance to dismiss fraud, misrepresentation and mistake claims arising out of the course of negotiations of a settlement agreement relating to $13 million of outstanding receivables. [read post]
4 Jun 2020, 6:41 pm
Abner, an associate in the Delaware office of Lewis Brisbois. [read post]
4 Jun 2020, 6:25 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]
4 Jun 2020, 12:02 pm
Madison Realty Senior Care II-AZ DST is a Delaware Statutory Trust sponsored by Madison Realty Companies. [read post]
4 Jun 2020, 10:47 am
The entity type was a Delaware Statutory Trust and the total offering amount was purportedly $32,741,394. [read post]
4 Jun 2020, 9:39 am
" The University of Delaware, Clemson University, Valdosta State University, and Framingham State University have all announced (in some cases multiple) investigations into racially offensive student social media posts. [read post]
4 Jun 2020, 6:23 am
Directors of Delaware companies who chose to address ESG/stakeholder-oriented decisions pursuant to the stakeholder interests balancing act contemplated by the proposed new purpose definition—untethered from their overarching fiduciary responsibility to shareholders to act in their best interests—run the risk of losing the valuable protection of the business judgment rule. [read post]
4 Jun 2020, 4:39 am
A Delaware Chancery Court recently dismissed a suit filed against the directors of GoPro, Inc. by a group of disgruntled shareholders who alleged that the directors misled them by issuing overly optimistic revenue guidance that the company was unable to live up to. [read post]
4 Jun 2020, 3:00 am
However, Courts interpreting Delaware law (which for reasons beyond the scope of this piece generally applies to Delaware corporations) have rejected insurers’ attempts to deny coverage on this basis, holding that an insurer must meet its burden to prove that the personal conduct exclusion applies, including establishing by final adjudication that the gains were ill-gotten, before it can deny coverage on the basis that restitution is “uninsurable. [read post]
4 Jun 2020, 12:21 am
Though Marchand was decided under Delaware law, it serves as prudent guidance for corporate governance best practices. [read post]
3 Jun 2020, 1:45 pm
Delaware is known as having laws that best protect owners from the liabilities of the company. [read post]
3 Jun 2020, 1:21 pm
Update 6/3/2020: We received a report of more scams. [read post]
3 Jun 2020, 9:42 am
Delaware, Kansas, Louisiana, and North Carolina all share the lowest per milliliter rate ($0.05). [read post]
