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13 May 2016, 10:28 am by Benjamin Herbst
To sustain a conviction for manslaughter in Maryland the state must prove the defendant committed an unlawful act that killed someone during the course of that act. [read post]
13 May 2016, 6:13 am
Davidson, Fordham Law School, on Friday, May 6, 2016 Tags: Bailouts, Financial crisis, Financial regulation, Investor protection, Legal systems, Moral hazard, Ownership, Property rights, Public interest, Securities regulation, Signaling, Systemic risk, Too big to fail, Transparency In re Kenneth Cole: Business Judgment Review of Controlling Stockholder Mergers Posted by William Savitt, Wachtell, Lipton, Rosen & Katz, on Saturday, May 7, 2016 Tags: Business judgment rule, Buyouts,… [read post]
12 May 2016, 6:56 pm by Carl Neff
 Carl is admitted in the State of Delaware and regularly practices before the Delaware Court of Chancery, with an emphasis on shareholder disputes. [read post]
12 May 2016, 11:05 am by Greg Beaman
The Court cautioned, however, that the Chancery Court’s “decision to consider post-closing whether the plaintiffs stated a claim for breach of the duty of care after invoking the business judgment rule was erroneous. [read post]
12 May 2016, 6:20 am
These firms are petitioning the Council of the Corporate Law Section of the Delaware State Bar Association (the “Council”) and the Delaware legislature to raise the bar for shareholders eligibility to file appraisal petitions and to make its terms less attractive in an effort to curb what they perceive to be a new form of strike suit. [read post]
11 May 2016, 4:43 pm by Billy Hammel
The stated goal of these discussions is to “identify key areas where implementation and enforcement of non-competes may present issues, to examine promising practices in states, and put forward a set of best practices and call to action for state reform. [read post]
11 May 2016, 7:55 am by John Jascob
He also suggested looking to the state of Delaware, which has announced various initiatives on DLT and related technologies.Lastly, Giancarlo urged global collaboration on DLT issues to avoid a scenario that results in a lack of international harmonization of regulatory standards. [read post]
11 May 2016, 5:06 am
 The plaintiff moved to remand the case to state court and the defendant moved to dismiss the claims of the three non-Missouri plaintiffs.The plaintiffs' argument for remand was that complete diversity did not exist because there was a Delaware  plaintiff and a Delaware defendant. [read post]
10 May 2016, 6:06 am
 This post is part of the Delaware law series; links to other posts in the series are available here. [read post]
9 May 2016, 6:50 pm by Kevin LaCroix
”   In their recent article, the authors note that some states’ courts (particularly those of New York) also have been active in scrutinizing disclosure-only settlements in merger objection lawsuits. [read post]
7 May 2016, 10:27 pm by Dan Flynn
— Norovirus, August 2015, 234 people, source was sick employee; Minnesota — Salmonella Newport, August and September 2015, 64 sick people, source was tomatoes but it remains unclear  at what point in the field-to-fork chain the pathogen was introduced; Nine states — E. coli O26, began October 2015 and declared over Feb. 1, 55 sick people, source unknown, states involved are California, Delaware, Illinois, Kentucky, Maryland, Minnesota, New York,… [read post]
6 May 2016, 6:15 am
Meyerson, Simpson Thacher & Bartlett LLP, on Monday, May 2, 2016 Tags: Asset management, Dodd-Frank Act, Financial Crisis, Financial institutions, Financial Regulation, FSOC, Insurance,Liquidity, Risk assessment, Risk oversight, SIFIs, Systemic risk, Too big to fail, Treasury Department, U.S. federal courts Indentures and the Brokaw Act Posted by Laurent Alpert and Robert Gruszecki, Cleary, Gottlieb, Steen & Hamilton LLP, on Monday, May 2, 2016 Tags: Antitakeover, Beneficial owners,… [read post]
6 May 2016, 5:00 am by Doug Cornelius
by Peter Molk in the CLS Blue Sky Blog Delaware, the leader in out of state LLC formations, requires that owners and managers have only an implied covenant of good faith and fair dealing, leaving substantial space to tailor individualized terms to individual circumstances. [read post]
5 May 2016, 4:45 pm by Pillsbury's Construction Law Team
The Court of Appeals accepted two certified questions from the Delaware Supreme Court. [read post]
5 May 2016, 12:33 pm by D. Daxton White
On August 6, 2015 the general partner filed a certificate of cancellation for the Registrant with the Secretary of State of the State of Delaware and on August 12, 2015 filed a Form 15 with the Securities and Exchange Commission. [read post]
5 May 2016, 8:28 am by Benjamin D. Tievsky
The Delaware Supreme Court, which was reviewing a lower Delaware court decision under New York law, certified two questions to the New York court: “(1) whether ‘all sums’ or ‘pro rata’ allocation applies where the excess insurance policies at issue either follow form to a non-cumulation provision or contain a non-cumulation and prior insurance provision, and (2) whether … horizontal or vertical exhaustion is required before certain upper level… [read post]
5 May 2016, 7:14 am by Howard Friedman
This year, Delaware Governor Jack Markell; Iowa Governor Terry Branstad; Colorado Governor John W. [read post]