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29 Oct 2015, 4:22 pm by Kevin LaCroix
It now appears that other states also are no longer willing to approve these kinds of settlements. [read post]
4 Jun 2023, 9:01 pm by renholding
Considerations when adopting defensive measures as part of a business combination The Edgio decision is instructive for Delaware corporations when considering defensive measures. [read post]
22 Feb 2021, 6:26 am by Kevin Kaufman
This situation is one in which baselines matter: from a baseline of the taxation of the forgiven loans (or the denial of the deduction), conforming to federal treatment represents a revenue loss. [read post]
5 Jan 2011, 7:32 am by Raymond McKenzie
Vidal stated that “only the franchisee’s domicile matters for the purposes of determining whether the statute applies. [read post]
25 May 2023, 12:34 pm by Kevin LaCroix
Delaware Breach of Fiduciary Duty Litigation The memo begins with a review of key developments in the Delaware state court breach of fiduciary duty litigation. [read post]
23 Apr 2019, 9:35 am by Eugene Volokh
") The owners of Illegal Pete's wanted to make it a Delaware limited liability company, but the Delaware Secretary of State's office rejected the application, allegedly on the grounds that the name "has a negative connotation," and that Title 8 [of the Delaware Code] permits this office to reject a filing if the use of a corporate name by a corporation "might cause harm to the interests of the public or the State as… [read post]
17 Jul 2011, 8:26 am by Larry Ribstein
  Kobayashi and I found that Delaware has won the national competition, the most likely explanation being the quality of its courts. [read post]
26 Mar 2012, 12:44 pm by James L. Higgins
The Court rejected Gore's argument that AGA was subject to specific personal jurisdiction in Delaware because it filed suit against Gore, a Delaware corporation, in Minnesota. [read post]
The Supreme Court of the State of Delaware recently affirmed a lower court’s decision that allowed a school bus passenger to make a claim against the insurance covering the school bus after the plaintiff was hit by another vehicle while crossing the street to board the bus. [read post]
14 Nov 2021, 3:13 pm by Francis Pileggi
A court of limited jurisdiction The vice chancellor noted that the Court of Chancery is a court of “limited jurisdiction;” and maintains subject matter jurisdiction only when: (1) the complaint states a claim for relief that is equitable in character, (2) the complaint requests an equitable remedy when there is no adequate remedy at law or (3) Chancery is vested with jurisdiction by statute. [read post]
27 Jun 2012, 11:33 am by Francis Pileggi
Choice of Law The Court emphasized that whether or not successive stockholders in a subsequent suit are in privity with the corporation and each other is a matter of Delaware law under the internal affairs doctrine and, thus, state law will govern. [read post]
1 Feb 2010, 3:00 am by Peter A. Mahler
For ten years, he was a member of the Corporation Law Council of the Delaware State Bar Association, a group of attorneys that considers and recommends proposed changes to the Delaware General Corporation Law. [read post]
15 Jul 2009, 8:17 pm
Peter Ladig, lead Delaware counsel for one of  the plaintiffs in this matter, was kind enough to forward a copy of this opinion to me when it was issued by the Court. [read post]
2 Sep 2012, 6:38 pm by Deborah_ Bucknam
As of 2011, the following states, other than Vermont, have adopted the Act: California, Colorado, District of Columbia, Delaware, Idaho, Indiana, Kansas, Kentucky, Maryland, Mississippi, Montana, Nevada, New Mexico, New York, North Carolina, South Carolina, Tennessee, Utah, Virgin Islands and Virginia. [read post]
25 Sep 2013, 5:01 am by James Edward Maule
The movement attempting to reduce or eliminate federal taxation and to reduce or eliminate the federal government presents, as one of its justifications, the allegedly overbearing presence of the federal government in matters that ought to be left to state governments. [read post]
18 Dec 2018, 12:04 pm by Francis Pileggi
The post Chancery Addresses When Extrinsic Evidence Allowed appeared first on Delaware Corporate & Commercial Litigation Blog. [read post]
28 Feb 2015, 3:52 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]