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23 May 2011, 4:00 am
In the absence of a forum selection clause in the operating agreement, requiring that any dispute among the members be litigated in Delaware, New York courts frequently host litigation by non-managing members of New York-based Delaware LLCs asserting claims for financial abuse or other fiduciary breach by managers. [read post]
6 Feb 2017, 9:00 am
It also has an instructive summary of the law governing contract interpretation, albeit under New York law. [read post]
11 Jul 2012, 1:12 pm
(See Clabault v. [read post]
22 May 2017, 4:57 pm
This shift is largely the result of two Delaware court decisions, the Delaware Supreme Court’s 2015 decision in Corwin v. [read post]
13 Nov 2009, 2:04 am
Board of Trade of The City of New York, Inc, Chancellor Chandler takes up the heavy burden of politely explaining the Delaware corporate law to the Supreme Court. [read post]
6 Feb 2024, 1:39 pm
Also last year, the New York State legislature introduced legislation that would ban non-competes in New York; that bill was recently vetoed. [read post]
30 Apr 2009, 4:28 am
As you may recall, ConEd involved a suit in the Federal District Court for the Southern District of New York brought by a target corporation seeking monetary damages under New York law for its shareholders' lost merger premium. [read post]
10 Jan 2008, 11:22 am
Here is a recent post on his new NYT blog about a case that was filed this week in Delaware Chancery Court, in Jana Partners v. [read post]
26 Sep 2022, 3:49 am
Delaware’s Chancery Court got a head start over New York’s courts in crafting a standard for determining when the statute is satisfied. [read post]
15 Sep 2009, 4:02 pm
District Court for the Southern District of New York. [read post]
10 Sep 2019, 8:03 pm
July 23, 2019), even though the insured’s principal place of business was in New York, the policy was issued in New York, the policy contained New York amendatory endorsements, and the underlying lawsuit was filed and pending in New York, the Delaware court applied Delaware law, relying on Mills and Murdock. [read post]
1 Apr 2011, 12:13 pm
Plaintiff argued in its answering brief that the New York action was filed as a "protective measure" in case the defendants challenged personal jurisdiction in Delaware and because they did not raise that defense, the Delaware case should go forward. [read post]
19 Nov 2009, 11:35 am
Circuit Court of Appeals in County of Rockland, New York, et al. v. [read post]
10 Aug 2012, 8:37 am
In a case of first impression in New York, the Appellate Division, First Department, has adopted the test the Supreme Court of Delaware developed in Tooley v. [read post]
23 Nov 2023, 6:30 am
Con Edison v Northeast Utilities[1], a 2005 Second Circuit decision regarding a New York law governed merger agreement, found that, absent clear contractual language to the contrary, a target company could not collect lost shareholder premium as damages for the breach of a merger agreement. [read post]
23 Nov 2023, 6:30 am
Con Edison v Northeast Utilities[1], a 2005 Second Circuit decision regarding a New York law governed merger agreement, found that, absent clear contractual language to the contrary, a target company could not collect lost shareholder premium as damages for the breach of a merger agreement. [read post]
13 Sep 2010, 9:10 am
Lambecht v. [read post]
3 Sep 2009, 6:17 am
We find that the opinion made the Delaware forum a more attractive one vis-Ã -vis New York. [read post]
30 Dec 2010, 7:08 am
Anvik filed a patent infringement action in the Southern District of New York against the parties to this litigation in the District of Delaware. [read post]
11 Apr 2010, 7:41 am
McIntosh that recently appeared in the New York Law Journal. [read post]
