Search for: "State of Delaware v. Shorts."
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7 Apr 2023, 9:27 am
New York State Rifle & Pistol Association v. [read post]
6 Mar 2023, 4:07 am
” When New York precedent is sparse I usually default to Delaware, but not this time since (a) Delaware does not have a minority shareholder oppression statute and (b) as Chancery Court noted some years ago in Quadrant Structured Products Co. v Vertin, “Delaware law does not recognize a claim for constructive dividends. [read post]
27 Feb 2023, 4:34 am
We previously covered the cases of Budis v Skoutelas, Short Form Order, Index No. 702060/13 [Sup Ct, Queens County July 16, 2014] and Pappas v 38-40 LLC, 2018 NY Slip Op 30329(U) [Sup Ct NY County Feb. 22, 2018], in which the court held that the estate of a deceased LLC member had no standing to assert derivative claims on the LLC’s behalf. [read post]
17 Feb 2023, 6:13 am
From an opinion in Valentin v. [read post]
13 Feb 2023, 5:59 am
[v] The court also considered Delaware’s strong interest in providing a forum for disputes regarding the internal affairs of LLCs formed under its laws. [read post]
7 Feb 2023, 6:30 am
” Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. [read post]
7 Feb 2023, 6:30 am
” Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. [read post]
6 Feb 2023, 9:01 pm
For example, in 2020, the Delaware Court of Chancery addressed both prongs of Caremark in the Teamsters v. [read post]
1 Feb 2023, 1:46 pm
The plaintiffs in Hughes et al v. [read post]
26 Jan 2023, 11:29 am
Laster is quite correct when he quotes extensively from prior Delaware Supreme Court decisions stating that “the fiduciary duties of officers are the same as those of directors. [read post]
25 Jan 2023, 2:44 pm
Caremark started out as a logical consequence of Smith v. [read post]
23 Jan 2023, 4:48 am
In all those cases, going back as least as far as former Vice Chancellor (and later Chancellor) Strine’s 2004 opinion in Haley v Talcott, the Chancery Court has expressly incorporated by analogy into its construction of § 18-802 of the Delaware LLC Act, authorizing judicial dissolution of LLCs, the doctrine of corporate deadlock established for 50/50 close corporations under Delaware General Corporation Law § 273. [read post]
22 Jan 2023, 6:59 pm
” Slip op. at 62 (quoting from Gerber v. [read post]
19 Jan 2023, 10:52 am
In Coy v. [read post]
18 Jan 2023, 2:36 pm
From Corso Ventures LLC v. [read post]
7 Jan 2023, 7:37 am
The Delaware Sup. [read post]
3 Jan 2023, 1:47 pm
Another possible factor, also related to the drop in valuations, is the absence of short seller attacks. [read post]
13 Dec 2022, 2:45 am
Seventeen states allow local income taxes in addition to state-level personal income taxes. [read post]
11 Dec 2022, 5:18 pm
Acting sua sponte, Judge Connolly then dismissed the Broadcom in a short opinion that might have been based upon issue preclusion (from the prior Motorola decision), but without actually stating as-such and without Broadcom making that claim. [read post]
1 Dec 2022, 1:58 pm
The announced agreement looks to resolve investors’ allegations that they were short-changed billions of dollars for their Class V stock in connection with a 2018 transaction that turned Dell into a public company. [read post]
