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21 Feb 2024, 9:45 am
For example, in several decisions last year, the Delaware Chancery Court declined to blue-pencil or otherwise modify an overbroad covenant (even when the agreement expressly authorized the court to do so), noting that the practice can create a “no-lose” incentive. [read post]
16 Feb 2024, 3:00 am
Delaware – Supreme Court Rules in Former State Auditor Kathy McGuiness’ Criminal Conviction Appeal Yahoo News – Xerxes Wilson (Delaware News Journal) | Published: 2/13/2024 The Delaware Supreme Court affirmed the misdemeanor conflict-of-interest conviction of former state Auditor Kathy McGuiness while overturning her other misdemeanor conviction, remanding that charge for a potential… [read post]
15 Feb 2024, 3:00 am
Competitive Bay Area Races Are Testing Boundaries” by Bob Egelko (San Francisco Chronicle) for MSN Ethics Delaware: “Supreme Court Rules in Former State Auditor Kathy McGuiness’ Criminal Conviction Appeal” by Xerxes Wilson (Delaware News Journal) for Yahoo News Indiana: “Indiana AG’s Site to Report School Content Ignites Fear for Teachers” by Praveena Somasundaram and Dan Rosenzweig-Ziff… [read post]
13 Feb 2024, 1:01 pm
The Delaware Supreme Court affirmed the criminal conviction of the former State Auditor of Accounts on charges relating to her daughter's state employment. [read post]
12 Feb 2024, 10:00 pm
Delaware: The Delaware Supreme Court reverses a Court of Chancery decision that invalidated "forfeiture for competition" clauses in a limited partnership agreement, holding that the sophisticated parties were bound to the agreement absent a showing of "unconscionability, bad faith, or other extraordinary circumstances. [read post]
12 Feb 2024, 9:01 pm
ENDNOTES [1] This memo describes the law in the State of Delaware, the state in which most Fortune 500 companies are incorporated. [read post]
12 Feb 2024, 3:44 pm
Illegal Entry into Texas: State Criminal Charge Of course, there is an independent criminal justice system from the federal one, built upon Texas statutes and Texas court case precedent. [read post]
12 Feb 2024, 5:00 am
Supreme Court, and another in Ohio state court. [read post]
9 Feb 2024, 9:05 pm
Supreme Court held that the Act unconstitutionally infringed on states’ rights, thereby permitting states to legalize sports betting. [read post]
6 Feb 2024, 1:39 pm
On January 29, 2024, the Delaware Supreme Court issued an important decision addressing the enforceability of restrictive covenants. [read post]
4 Feb 2024, 1:01 pm
On appeal to the Supreme Court, the Colorado voters in Trump v. [read post]
28 Jan 2024, 7:49 am
Bayard of Delaware and Representative Robert G. [read post]
25 Jan 2024, 9:36 am
The Delaware court stayed proceedings pending the California action. [read post]
22 Jan 2024, 3:32 am
Fifteen years later, in 2021, the Delaware Supreme Court overruled Gentile in Brookfield Asset Mgt., Inc. v Rosson, 261 A3d 1251, 1280 [Del 2021], holding that a dilution claim stemming from the corporate entity receiving less than full value for the issuance of new shares is exclusively derivative. [read post]
18 Jan 2024, 10:29 am
Significantly, the brief focuses entirely on a draft of an article I posted on SSRN, not on the amicus brief I submitted to the Supreme Court of Colorado, touching similar issues. [read post]
17 Jan 2024, 2:25 pm
Oklahoma is expected to appeal to the United States Supreme Court.[4] Whether or not the Supreme Court will choose to accept the case is uncertain. [read post]
17 Jan 2024, 5:40 am
OpenAI, LLC simply says that it denies OpenAI's motion to dismiss, and (as is common in many state courts) doesn't offer a detailed explanation. [read post]
16 Jan 2024, 5:45 am
Five Supreme Court opinions, Twelve Supreme Court judicial opinions on circuit, ten other federal judicial opinions, more than ten legal treatises, and more than ten state court opinions offered similar analyses of the common/constitutional law of treason and insurrection. [read post]
15 Jan 2024, 9:01 pm
In striking down the provision, the court stated: “The provision not only suffers from the same problem as the AAU Provision insofar as it includes SAPs. [read post]
15 Jan 2024, 8:35 am
The law of equity is critical to Delaware's Court of Chancery, and thus to corporate law generally. [read post]
