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16 Sep 2021, 5:00 am
Nevertheless, the DGCL expressly states some prohibitions on corporate freedom, and more generally restricts charters and bylaws form containing provisions that are contrary to, or inconsistent with, Delaware law because they go against public policy.The plain language of Section 262, however, does not prohibit stockholders from waiving their appraisal rights by stating that stockholders "shall" have a right to appraisal. [read post]
9 Oct 2015, 9:20 am
Incredibly, Spokeo makes the argument that the dissemination of false information about an individual does not result in injury. [read post]
30 Sep 2021, 10:00 am
The Federal Circuit noted it previously has held that service of process under Rule 4(f)(3), which provides for court-directed service “by any means not prohibited by international agreement,” is not the same as service under Rule 4(e)(1), which does not require a court order and provides for service by “following state law. [read post]
23 May 2018, 6:38 am
The situation faced by Devon’s lessors raises several questions: first, does the cotenant who drills wells owe royalties to the lessors of the cotenant who fails to participate? [read post]
4 Dec 2023, 3:02 pm
It explained that the constitutionality of a tax does not hinge on whether a taxpayer has realized – that is, received – income. [read post]
10 May 2010, 7:30 am
The article’s author made a good point about the fact that, although Elena Kagan, Obama’s nomination to the Supreme Court, is a woman, she is a woman whose record at Harvard Law School might suggest to some observers that she does not value diversity or promote other women. [read post]
21 Feb 2014, 12:43 am
Enki Corporation v. [read post]
25 Oct 2014, 7:12 am
Ally Bank Financial CEO Barbara Yastine200 Renaissance Center Detroit, MI 48265866.710.4623Credit Acceptance Corporation CEO Brett A. [read post]
25 Oct 2014, 12:32 pm
We know what to do.Ally Bank Financial CEO Barbara Yastine200 Renaissance Center Detroit, MI 48265866.710.4623Credit Acceptance Corporation CEO Brett A. [read post]
21 May 2018, 6:00 am
The opposing side cannot inquire into privileged communications, but there is little in practice that corporate counsel can do to ensure that the former employee does not unknowingly disclose privileged information. [read post]
5 Oct 2018, 7:45 am
The district court again granted Jani-King’s motion, concluding that the amended complaint “ignores corporate forms” and does not plausibly suggest the FLSA applies to all janitorial cleaners. [read post]
26 Oct 2010, 7:05 am
Texas Supreme Court does the right thing, for a change. [read post]
15 Oct 2009, 8:01 am
What does this tell me? [read post]
25 Sep 2022, 9:08 pm
Instead, big corporations view such orders as a “cost of doing business”—and American consumers are not only harmed but also left to subsidize corporate malfeasance. [read post]
31 Mar 2020, 7:25 am
As we have noted previously, when employees work in a state in which their employer does not otherwise operate, that can give their employer sufficient contacts (“nexus”) with the state to be subject to its tax code. [read post]
20 Apr 2012, 3:33 am
What does that mean specifically? [read post]
17 Feb 2011, 1:33 pm
As Jack often does, he imagines the worst. [read post]
26 Jun 2016, 4:33 pm
The only precedent does not bode well for a quick process. [read post]
10 Mar 2010, 12:55 pm
Edward McNallay spotted a new Delaware Chancery Court case dealing with insider trading by corporate officers: Pfeiffer v. [read post]
23 Mar 2010, 5:51 am
I did not find any of this earth shattering because this has always been Maryland law for corporations. [read post]