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31 Oct 2016, 2:59 am by Peter Mahler
The case I’m about to describe involves an unusual clash of two fundamental principles of corporate governance for closely held corporations: Principle No. 1:  Stock transfer restrictions may be used to preserve continuity of ownership and management within a family or other control group, without violating the common law rule against unreasonable restraints on alienation of property. [read post]
30 Apr 2018, 3:25 am by Peter Mahler
’s opinion for the unanimous court began his analysis with the statement that “[u]nder New York law, a shareholder has no general right to litigate on behalf of a corporation” but that, under section 626 of the New York Business Corporation Law, “[u]nder certain conditions, . . . [read post]
World Trading 23, Inc. (2020) 45 Cal.App.5th 22 A commercial lease set rent to increase 150 percent if the tenant stayed past a certain date. [read post]
3 Jan 2013, 12:54 pm by Eric Alexander
Kent, 552 U.S. 440 (2007)—whether state statutory provisions that require a plaintiff to prove some version of fraud-on-the-FDA as a predicate to recovery on certain claims are preempted by Buckman Co. v. [read post]
3 Jan 2013, 2:21 pm by Eric Alexander
Kent, 552 U.S. 440 (2007)—whether state statutory provisions that require a plaintiff to prove some version of fraud-on-the-FDA as a predicate to recovery on certain claims are preempted by Buckman Co. v. [read post]
27 Oct 2014, 3:30 am by Peter Mahler
The number’s fuzziness reflects post-decision adjustments that will have to be calculated based on certain findings made by Justice Driscoll that departed from some of the assumptions made by the parties’ experts. [read post]
21 May 2010, 8:58 am by Eric Guttag
Not only is she “one of us” (former corporate chief patent counsel for FMC Corporation), but, as a Federal Circuit judge, she definitely “gets it” in terms of the statutes, the case law, and the technology.  [read post]
15 Feb 2017, 1:51 pm by David Oxenford
At the same time, many equal employment advocacy groups argue that these rules are still important, and even that they should be more stringent in certain areas. [read post]
7 Jan 2014, 8:49 am by Michael Markarian
During the first year of the session, we already had one major bill enacted that facilitates the retirement of hundreds of chimps from barren laboratories to natural sanctuaries, and laid substantial groundwork on a number of other issues—such as protecting horses from "soring" cruelty, doping, and slaughter, and fortifying the federal law against dogfighting and cockfighting—which are teed up for action in 2014. [read post]