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Delaware Supreme Court Addresses, For The First Time, Whether Creditors Can Sue Directors For Breach Of Fiduciary Duty When The Corporation Is Insolvent Or In The Zone Of Insolvency
22 May 2007, 2:10 am
The Court's 24-page opinion in North American Catholic Educational Programming, Inc. v. [read post]
IN THE (RED) - The Business Bankruptcy Blog - http://bankruptcy.cooley.com/
Chancery Explains In Rem Jurisdiction in Challenge to Managing Member Position of LLC
1 Apr 2012, 2:17 pm by Francis Pileggi
Feeley v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
New York Appellate Court’s Split Decision Involving Delaware LLC Pits “Harsh” Contractarianism Against “Fundamental Fairness”
18 Mar 2024, 4:32 am by Peter Mahler
At the time of the Exit Opportunity Agreement in 2012, Digipac had a bare bones, two page operating agreement (read here) naming Tao as its Sole Member and Manager. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Chancery Applies Non-Exclusive Forum Selection Clause; Denies Motion to Dismiss
19 Apr 2015, 8:11 pm by Francis Pileggi
Utilipath, LLC v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Some Preliminary Thoughts About VC Laster's New Delaware Chancery Court Opinion in McRitchire v. Zuckerberg
2 May 2024, 2:27 pm by Steve Bainbridge
Is Delaware law as stated in MacRitchie consistent with Dodge v. [read post]
ProfessorBainbridge.com - http://www.professorbainbridge.com/professorbainbridgecom/
Chancery Clarifies Doctrine of Acquiescence; Bars Relief
2 Mar 2014, 7:30 pm by Francis Pileggi
Lehman Brothers Holdings, Inc. v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
No Per Se Duty to Disclose Financial Statement in Closely Held Company
27 Mar 2016, 12:34 pm by Francis Pileggi
” The Ravenswood Investment Company, L.P. v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Supreme Court Offers New Guidance on DGCL Section 220
24 Jul 2022, 2:07 pm by Francis Pileggi
In NVIDIA Corp. v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Every state in the Third Circuit now recognizes LGBT rights at work. Third Circuit not so much for now.
22 Aug 2018, 3:30 am by Eric B. Meyer
Under New Jersey and Delaware state law, you can’t discriminate against an employee based on his or her sexual orientation or gender identity. [read post]
The Employer Handbook - http://www.theemployerhandbook.com/
Chancery Rules on Two Covenants Not to Compete
2 Oct 2018, 1:33 pm by Francis Pileggi
See page 14. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Delaware LLC Agreement Says Members Waive Right to Sue Outside New York, But New York Judge Says Otherwise in Dissolution Case
24 Aug 2015, 3:35 am by Peter Mahler
Justice Oing’s ruling, which begins at page 40 of the 49-page transcript, holds that a New York court lacks subject matter jurisdiction over a petition to dissolve a Delaware LLC. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Chancery Explores Limits of Forward-Looking Injunctive Relief
6 Jun 2017, 3:00 pm by Francis Pileggi
Organovo Holdings, Inc. v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Delaware Supreme Court Rules in Favor of Airgas on Annual Meeting Bylaw Issue
23 Nov 2010, 11:42 am by Francis G.X. Pileggi
Airgas, Inc. v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Delaware Court of Chancery Sets New Rules for Derivative Claims
20 Jun 2012, 12:38 pm by Edward M. McNally
IMPACT OF A PRIOR DISMISSAL Pyott involved multi-state litigation, with derivative suits filed in California and Delaware. [read post]
Delaware Business Litigation Report - http://www.delawarebusinesslitigation.com/
Choice of NY Forum Clause Upheld But Delaware Procedural and Remedial Law Still Applies
14 Apr 2008, 6:50 am
Because this blog focuses on Delaware law, the only point I want to highlight in this 24-page decision is a footnote that reiterates basic Delaware law to the effect that forum clauses are generally upheld, but even as here where the law of another state is applied to the substantive dispute, Delaware procedural and remedial law will still govern. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
The Standard for Individual Contempt for Corporate Actions
1 Oct 2022, 12:14 pm by Francis Pileggi
In the matter styled TransPerfect Global Inc. v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Chancery Addresses Forum Non Conveniens
6 Jun 2021, 4:08 pm by Francis Pileggi
For the most recent iteration of Delaware law on the topic of forum non conveniens, as it has evolved over the last few years, careful readers should be aware of the recent Chancery decision in Sweeny v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Court Rejects Section 220 Demand for Corporate Records
20 Sep 2016, 7:43 pm by Francis Pileggi
 Beatrice Corwin Living Irrevocable Trust v. [read post]
Delaware Corporate and Commercial Litigation Blog - http://www.delawarelitigation.com/
Should Arbitration Dockets in Public Courts be Public?
12 Mar 2014, 4:03 pm by Courtney Minick
Press Enterprise Co. v. [read post]
Justia Law, Technology & Legal Marketing Blog - http://onward.justia.com/
Magic Words Still Matter, and Equitable Defenses Can’t Save a “Void” Transfer
19 Sep 2022, 4:25 am by Peter J. Sluka
When parties have gone outside the boundaries that the state has set, it makes sense that the state would treat the impermissible act as if it never occurred. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/