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2 Oct 2023, 10:41 am by Kevin LaCroix
On the other side of the fence, many US states have adopted anti-ESG legislation[vi] that promotes financial returns over environmental concerns. [read post]
5 Sep 2009, 1:09 pm
The decision is that of the ITAT Special Bench at Kolkata, in Shree Capital Services v. [read post]
5 Jun 2023, 4:56 am by Franklin C. McRoberts
Lerner is consistent with a long line of prior appellate case law holding that, under New York choice-of-law rules, the issue of shareholder derivative standing is “substantive,” not “procedural,” and therefore, determined by the laws of the state of incorporation, not the law of the forum: Hart v Gen. [read post]
10 Feb 2020, 2:14 am by Peter Mahler
This blog previously featured the Budis v Skoutelas and Pappas v 38-40 LLC cases in which courts held that the express terms of operating agreements, providing that the “successor in interest” of a deceased LLC member shall succeed to the decedent’s economic rights but shall not acquire member status, deprived the decedents’ executors of standing to bring derivative actions against the LLC’s controlling… [read post]
13 May 2024, 4:50 am by Franklin C. McRoberts
Thus, in Auerbach v Bennett (47 NY2d 619 [1979]), New York’s highest court held that courts have the power in shareholder derivative litigation to grant unnamed interested shareholders leave to intervene – even for the first time on appeal. [read post]
1 Dec 2021, 5:49 am
Rossette—i.e., situations where there could be both direct claims litigable by stockholders and derivative claims subject to control of the company’s board, and in UFCW Union & Participating Food Industry Employers Tri-State Pension Fund v. [read post]