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21 Aug 2017, 3:33 am by Peter Mahler
Until last week’s decision by the Brooklyn-based Appellate Division, Second Department — the same court that gave us 1545 Ocean Avenue — in Mace v Tunick, 2017 NY Slip Op 06170 [2d Dept Aug. 16, 2017], I would have answered that question “no” with support from a number of case precedents in New York and other jurisdictions including that hotbed of contractarian jurisprudence known as Delaware. [read post]
21 Aug 2017, 3:33 am by Peter Mahler
Until last week’s decision by the Brooklyn-based Appellate Division, Second Department — the same court that gave us 1545 Ocean Avenue — in Mace v Tunick, 2017 NY Slip Op 06170 [2d Dept Aug. 16, 2017], I would have answered that question “no” with support from a number of case precedents in New York and other jurisdictions including that hotbed of contractarian jurisprudence known as Delaware. [read post]
16 Aug 2017, 5:59 am by Terry Hart
 Delaware was the only state to fail to pass a copyright bill before the drafting of the federal constitution. [read post]
7 Aug 2017, 3:30 am by Peter Mahler
In opposition, the plaintiff admitted that “there is no New York case law applying BCL § 505 (h) to self-interested transactions,” but it argued that the court should borrow from Delaware case law interpreting a similar statute, and hold that “the statutory ‘actual fraud’ provision does not provide a defense when the underlying transaction involves unfair self-dealing proscribed by equitable fiduciary duty concepts” (Parfi Holding AB… [read post]
6 Aug 2017, 5:56 pm by John A. Gallagher
U5s are known to create serious problems for securities broker seeking new employment.What Does a Form U5 Filed by a Securities Brokerage Firm Pursuant to FINRA Contain? [read post]
3 Aug 2017, 3:00 am by Giesela Ruehl
But this does not necessarily mean that it is appropriate to let ordinary courts apply the standard rules of civil procedure in small claims cases. [read post]
31 Jul 2017, 3:28 am by Peter Mahler
While pointing out that the New York statute (LLC Law § 1102), unlike its Delaware counterpart, does not contain a written demand requirement, Justice Sherwood nonetheless threw out the claim based on the absence of a valid purpose for inspection. [read post]
29 Jul 2017, 5:32 pm by Wolfgang Demino
These lawsuits were all brought by various "National Collegiate Trust" ("NCT") entities, which are Delaware statutory trusts that acquire and hold a significant number of private student loans. [read post]