Search for: "Matter of the State of Delaware"
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27 Jul 2017, 10:12 am
The appellants argued that, while acknowledging that privity is a matter of Arkansas law as long as federal constitutional due process is not offended, the court focused almost exclusively on privity as a matter of state law and never addressed the due process analysis as it related to nonparty preclusion. [read post]
2 Mar 2015, 3:31 pm
Jan. 28, 2015) (unpublished), the Delaware Court of Chancery recently ruled that, despite a Delaware choice-of-law and venue provision contained in a non-compete agreement, California law applied to the agreement and under California law the agreement was void as a matter of law. [read post]
27 Nov 2023, 1:41 pm
As another matter of personal privilege, however, I would also suggest checking out my book The Profit Motive: Defending Shareholder Value Maximization, which has an extensive treatment of the state of Delaware law on this point. [read post]
2 Feb 2021, 1:38 pm
They direct Delaware Secretary of State mailings and lawsuits to the address provided. [read post]
29 Apr 2015, 9:49 am
So, Tennessee is not Delaware. [read post]
22 May 2022, 5:56 pm
The non-Delaware lawyer responded by explaining that there was no finding by any court in any other state of either litigation misconduct or other wrongdoing in the matters the trial court referred to in its rule to show cause. [read post]
1 Oct 2022, 3:06 pm
Robert Rhee claims to have determined that Delaware corporate law does not add value relative to that of non-Delaware states. https://corpgov.law.harvard.edu/2022/09/30/the-irrelevance-of-delaware-corporate-law/… But what if corporate law generally does not impact firm value across a broad spectrum of firms? [read post]
3 Dec 2009, 11:50 am
" State Line Ventures LLC v. [read post]
19 Feb 2008, 6:10 am
With minor exceptions, states have not adopted the ALI Principles and Delaware’s General Assembly had never seen fit to grant directors standing to bring derivative claims. [read post]
3 Dec 2012, 6:42 am
Thus, the Delaware Supreme Court refused to “express any view regarding whether default fiduciary duties apply as a matter of statutory construction [to a Delaware LLC]. [read post]
5 Jan 2012, 5:00 am
" Does diversity matter? [read post]
4 Sep 2012, 5:00 am
The relevant portion of section 18-302 stated that unless otherwise provided in a limited liability company agreement, on any matter that is to be voted on, consented to or approved by members, the members may take such action without a meeting, without prior notice and without a vote. [read post]
19 Sep 2019, 3:36 pm
Its narrow “internal affairs” definition invites sister states to regulate matters traditionally viewed as internal by Delaware, and advances a position inimical to Delaware’s interests. [read post]
29 Mar 2020, 6:46 pm
Both Delaware case law and decisions of the U.S. [read post]
28 Feb 2013, 9:30 am
In May 2012, the Second District Court of Appeal in California mentioned, in dicta, that matters of internal governance should be governed by the laws of the corporation’s state of incorporation. [read post]
13 Nov 2009, 6:28 pm
: For over 200 years, corporate governance has been a matter for state law. [read post]
19 Sep 2022, 4:25 am
No matter what words the parties used in a contract, the noncompliant act would be voidable, not void. [read post]
14 Jun 2007, 10:38 am
United States, 440 U.S. 48, 55 (1979). [read post]
29 Apr 2010, 1:49 pm
This blog post provides selected excerpts and bullet points from a Delaware State Bar Association-sponsored seminar held today at the Hotel duPont entitled: Recent Developments in Delaware Corporate and Alternative Entity Law. [read post]
24 Aug 2016, 8:15 am
” Not unexpectedly, in response to the Delaware Supreme Court decision, 15 Delaware state legislators have vowed to try to create a new death penalty statute when the General Assembly reconvenes in January. [read post]
