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21 Apr 2020, 8:07 am
He must find ways to both expand his appeal to small online contributors and attract huge seven- and eight-figure checks to the outside super PACs supporting him — all while sheltered in his Delaware home because of the coronavirus....The current cash gap at the presidential level is especially striking because down-ballot Democrats in key House and Senate races have been out-raising their Republican rivals.... [read post]
20 Apr 2020, 4:26 am
Courts of Appeals, and the highest appeals courts in Delaware, New York, and Texas. [read post]
20 Apr 2020, 2:00 am
Alabama Altogether Alabama Resources for Businesses and Nonprofits Alaska Department of Commerce, Community and Economic Development COVID-19 Economic Recovery Resource Portal for Business Arkansas Economic Development Commission COVID-19 Resources for Businesses and Employees Arizona Commerce Authority COVID-10 Arizona Business Resources Arizona Together Business Resources California California Coronavirus (COVID-19) Response Businesses and employers page Labor & Workforce… [read post]
19 Apr 2020, 6:34 am
Delaware’s Caremark doctrine—which requires directors to monitor the corporation’s compliance with the law and to address indications of non-compliance—has become a preferred vehicle for stockholder plaintiffs seeking to bring representative litigation in response to corporate trauma. [read post]
18 Apr 2020, 6:20 am
Related research from the Program on Corporate Governance includes Independent Directors and Controlling Shareholders by Lucian Bebchuk and Assaf Hamdani (discussed on the Forum here); The Effect of Delaware Doctrine on Freezeout Structure and Outcomes: Evidence on the Unified Approach by Fernan Restrepo and Guhan Subramanian (discussed on the Forum here); and Fixing Freezeouts by Guhan Subramanian. [read post]
18 Apr 2020, 6:18 am
In a client alert issued by Olshan’s Shareholder Activism Group last week, we reported that certain factions within the Delaware State Bar Association (“DSBA”) were attempting to fast track an amendment to Section 110 of the Delaware General Corporation Law (“DGCL”) that would allow Delaware corporations to postpone their annual meetings of stockholders in light of the COVID-19 pandemic. [read post]
17 Apr 2020, 6:40 pm
The petition outlines a number of ways electronic signatures are permitted, such as obtaining actions by written consent under Delaware law to execute billion-dollar merger agreements. [read post]
17 Apr 2020, 6:00 am
In Delaware, Maryland, and Pennsylvania, state forecasters have announced new pandemic-related revenue shortfall estimates. [read post]
17 Apr 2020, 5:55 am
Rodburg, Fried, Frank, Harris, Shriver & Jacobson LLP, on Wednesday, April 15, 2020 Tags: Bankruptcy, Boards of Directors, Debtor-creditor law, Delaware law, Derivative suits, Director liability, Distressed companies, Fiduciary duties, Shareholder suits Deal Protection Devices Posted by Albert H. [read post]
17 Apr 2020, 3:03 am
Last fall, John blogged about “stakeholder governance” and the business judgment rule and noted that in Delaware, the business judgment rule provides protection for directors who conclude in good faith that considering the interests of other stakeholders may be helpful in maximizing long-term shareholder value. [read post]
16 Apr 2020, 9:05 pm
Governors from Pennsylvania, New York, New Jersey, Connecticut, Delaware, Rhode Island, and Massachusetts created a multi-state council to develop a framework to lift stay-at-home orders gradually and restore the economy after the COVID-19 pandemic. [read post]
16 Apr 2020, 4:47 pm
Delaware: On April 15th, Governor John Carney issued the Eleventh Modification of the Declaration of the State of Emergency regarding the COVID-19 crisis, extending the public state of emergency until further notice. [read post]
16 Apr 2020, 4:14 pm
CraftWorks Parent, LLC, currently a debtor in the Bankruptcy court for the District of Delaware, is the owner and franchisor of restaurant brands including Logan’s Roadhouse, Old Chicago Pizza & Taproom, and Rock Bottom Restaurant. [read post]
16 Apr 2020, 12:59 pm
We also pointed out the suspicious organizational structure that Ethos plans to create: Ethos plans to place PIR within a tangled web of Delaware shell companies: Ethos Purpose GP, Purpose Domains Feeder I, Purpose Domains Direct, and Purpose Domains Holdings, in addition to Ethos Capital itself. [read post]
15 Apr 2020, 4:04 pm
Last week, Judge Connolly in Delaware denied a 101 motion to dismiss at the pleading stage in Sound View Innovations, LLC v. [read post]
15 Apr 2020, 3:16 pm
Last year, applying the Delaware Chancery Court’s Caremark duty of loyalty standard, the Delaware Supreme Court reaffirmed director liability where a board of directors fails to establish a reporting process for essential compliance and governance matters. [read post]
15 Apr 2020, 6:00 am
It is well-established under Delaware law that, when a corporation is solvent, directors’ duties run to the corporation and the corporation should be managed for the benefit of its shareholders. [read post]
15 Apr 2020, 6:00 am
” In cases, such as DFC Global, Dell, and Aruba, the Delaware Supreme Court stated that when an acquisition is done at “arms’ length” and when there is sufficient competition for the target, either before or after the agreement has been signed, the deal price is a reliable indicator of “fair value” of the target’s shares. [read post]
15 Apr 2020, 2:00 am
Russell is an attorney with Young Conaway Stargatt & Taylor, LLP, in Wilmington, Delaware. [read post]
15 Apr 2020, 2:00 am
Russell is an attorney with Young Conaway Stargatt & Taylor, LLP, in Wilmington, Delaware. [read post]
