Search for: "Supreme Court of the State of Delaware"
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3 Apr 2020, 3:00 am
Their battles are waged in the courts, on social media, and at rallies where Trump’s rants against the journalists who cover him goad his fans into taunting the camera crews and booing the press pens. [read post]
2 Apr 2020, 4:14 pm
Blue Apron Holdings, Inc., the Delaware Supreme Court held that a company’s charter provisions requiring Securities Act claims to be brought in federal court were facially valid under Delaware law. [read post]
1 Apr 2020, 4:32 pm
I discussed the state of the law in Delaware regarding these issues in a recent post. [read post]
31 Mar 2020, 1:50 pm
This statistic encompasses all registered investment advisers, not just those who manage private funds, although the Annual Report states that 36% of registered investment advisers manage a private fund. [read post]
31 Mar 2020, 6:32 am
Ultimately, the courts relied on a two-fold system, (Texas and Louisiana series LLC laws were modeled after the Delaware Code; the 5th Circuit will use this lens for interpretation, although Texas appellate courts and Supreme Court of Texas remain to be seen) of analysis in this regard: (1) Delaware Code(13) and (2) Louisiana State Code.(14). [read post]
30 Mar 2020, 5:05 pm
In a 7-2 decision announced today, the Supreme Court held that a safe berth clause in a particular maritime charter party agreement constituted a warranty of safety, making the charterer, who designated the unloading berth, liable for costs to clean up an oil spill. [read post]
30 Mar 2020, 1:42 pm
According to the Delaware Supreme Court’s 2007 decision in the Gheewalla case (here), when a solvent company is navigating in the zone of insolvency, “focus for Delaware directors does not change: Directors must continue to discharge their fiduciary duties to the corporation and its shareholders by exercising their business judgment in the best interests of the corporation for the benefit of its shareholder owners. [read post]
30 Mar 2020, 4:09 am
Supreme Court, the 13 U.S. [read post]
29 Mar 2020, 6:46 pm
The Delaware Supreme Court reviewed several key U.S. [read post]
29 Mar 2020, 4:13 pm
In a milestone opinion, the Delaware Supreme Court has ruled that the state’s corporation law permits Delaware chartered companies to designate the federal courts for all shareholder securities suits alleging disclosure violations in their initial and secondary public offerings in Salzberg et al. v. [read post]
28 Mar 2020, 4:04 pm
“Delaware’s Weird — and Constitutionally Suspect — Approach to Judicial Independence; The Supreme Court will soon decide whether one state can constitutionally mandate ‘partisan balance’ on its judicial benches”: Law professor Garrett Epps has this essay online at The Atlantic. [read post]
27 Mar 2020, 2:58 pm
Since the Supreme Court’s 2018 decision in Murphy v. [read post]
27 Mar 2020, 6:01 am
Bell, Fenwick & West LLP, on Sunday, March 22, 2020 Tags: Board composition, Boards of Directors, Classified boards, Diversity, Dual-class stock, Majority voting, Shareholder voting, State law, Surveys, Tech companies Federal Forum Selection Charter Provisions Validated by Delaware Supreme Court Posted by William B. [read post]
26 Mar 2020, 5:56 pm
The Delaware Supreme Court recently advised a federal appeals court that the state’s partnership law bars a limited liability partnership formed by three Sanofi-Aventis U.S. [read post]
24 Mar 2020, 8:20 am
Supreme Court requesting more time in which to ask the Supreme Court to review the judgment of the U.S. [read post]
23 Mar 2020, 4:21 pm
MacAndrews & Forbes Holdings, Inc., the Delaware Supreme Court held that when a Delaware corporation is sold for cash, the directors become “defenders of the corporate bastion to auctioneers charged with getting the best price for the stockholders. [read post]
23 Mar 2020, 7:58 am
The Delaware Supreme Court clarified that the key inflection point for fiduciary duties is actual insolvency, not the zone of insolvency. [read post]
23 Mar 2020, 4:09 am
Supreme Court, the 13 U.S. [read post]
22 Mar 2020, 7:06 am
The Supreme Court’s decision provides a critical tool for pre-IPO companies to address the increase in the number of lawsuits brought in state court asserting claims under Section 11 of the ’33 Act challenging disclosures in their registration statements. [read post]
20 Mar 2020, 3:03 am
Yesterday, the Delaware Supreme Court unanimously reversed the Sciabacucchi decision. [read post]
