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15 May 2024, 6:02 am
Furthermore, in liability proceedings the burden of presentation and proof for their dutiful conduct and lack of fault lies with the management board members (cf. section 93 II 2 German Stock Corporation Act). the so-called ARAG doctrine of the German Federal Court of Justice (is another driver of directors’ liability under German law: According to the ARAG-doctrine, the Supervisory Board is generally obliged to assert claims for damages against members of the Management… [read post]
13 May 2024, 6:00 am
Hinds-Radix, Corporation Counsel, New York, NY (Susan Paulson and Jeremy Pepper of counsel), for respondent. [read post]
13 May 2024, 6:00 am
Hinds-Radix, Corporation Counsel, New York, NY (Susan Paulson and Jeremy Pepper of counsel), for respondent. [read post]
21 Apr 2024, 2:35 pm
” Id. at 105 (cf. [read post]
14 Mar 2024, 10:07 am
The Philadelphia Court of Common Pleas, not to be confused with Common Fleas, can be a rough place for corporate defendants. [read post]
28 Feb 2024, 12:15 am
Code § 17707.06(a); cf. [read post]
14 Feb 2024, 9:05 pm
Chicago 1994 p. 27. [3] Ronald Coase, Nobel Lecture 1991, The Institutional Structure of Production, paragraph 12 (https://www.nobelprize.org/prizes/economic-sciences/1991/coase/lecture/, visited 19 Dec. 2023). [4] Cf. [read post]
2 Feb 2024, 11:08 am
Claim is that we’re at the end of the spectrum; we may be near that but not quite today (cf. [read post]
1 Feb 2024, 4:03 am
Cf. [read post]
25 Jan 2024, 8:12 am
Pix Credit Museum Panama City, Panama For those who might have an interest, I have posted for comment or reaction, a discussion draft of my essay, Overcoming the Human, Rights, and the State in Human Rights. [read post]
9 Jan 2024, 9:05 am
ENDNOTE [1] Cf. [read post]
8 Jan 2024, 12:15 am
Cf. 8 Del. [read post]
18 Dec 2023, 10:43 am
Cf. [read post]
25 Oct 2023, 9:01 pm
The Barr Report concluded that SVB’s failure was primarily the result of mistakes made by SVB’s “senior management … to manage basic interest rate and liquidity risk” and the lack of effective oversight by SVB’s board of directors.6 A recent report by a group of bank regulatory experts at the Center for Financial Stability led by Sheila Bair (CFS Report), the Chair of the Federal Deposit Insurance Corporation (FDIC) during the 2008… [read post]
27 Aug 2023, 3:56 pm
On August 14, 2023, a Fulton County, Georgia grand jury returned a 41-count indictment against former President Donald Trump and eighteen other individuals for a conspiracy to overturn the legitimate 2020 presidential election results in that state. [read post]
23 Aug 2023, 7:45 pm
I was delighted to be given an opportunity to address the participants in the Workshop-Conference: Technological Platforms and National Security in Hong Kong: The Domain of Standards Setting, sponsored by the Law and Technology Center and the Philip K.H. [read post]
22 Aug 2023, 3:37 pm
.): Jiennah McCollum is the widow of Marine Lance Corporal Rylee J. [read post]
21 Aug 2023, 4:34 am
Contrary to her contention, she failed to establish a basis for an equitable tolling based on a breach of fiduciary duty (see Ilan Props., Inc. v Benishai, 205 AD3d 541, 542; cf. [read post]
9 Aug 2023, 9:01 pm
On July 27, 2023, US federal banking regulators issued proposals to (i) significantly revise the risk-based regulatory capital requirements for certain midsize and larger US banking organizations (the “Capital Proposal”), and (ii) change the method for calculating the capital surcharge for globally systemically important banking organizations (“G-SIBs”) (the “G-SIB Surcharge Proposal”).1 These proposals are of critical importance because the amount of capital a… [read post]
26 Jul 2023, 9:03 pm
See Securities and Exchange Commission Division of Corporation Finance, “CF Disclosure Guidance: Topic No. 2” (Oct. 13, 2011), available at https://www.sec.gov/divisions/corpfin/guidance/cfguidance-topic2.htm. [read post]
