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13 Mar 2023, 4:33 am by Peter J. Sluka
 Those changes met Court approval in Boilermakers Local 154 Retirement Fund v Chevron Corp., 73 A3d 934 [Del Ch 2013], and ATP Tour, Inc. v Deutscher Tennis Bund, 91 A3d 554 [Del 2014]. [read post]
7 Mar 2023, 2:01 pm by Kevin LaCroix
What the complaint does not do, Laster said, is to plead sufficient facts to support an inference that the director defendants failed to respond. [read post]
6 Mar 2023, 4:07 am by Peter Mahler
” When New York precedent is sparse I usually default to Delaware, but not this time since (a) Delaware does not have a minority shareholder oppression statute and (b) as Chancery Court noted some years ago in Quadrant Structured Products Co. v Vertin, “Delaware law does not recognize a claim for constructive dividends. [read post]
1 Mar 2023, 12:04 pm by Steve Bainbridge
In January, I noted considerable concern over a decision by Delaware Vice Chancellor Travis Laster involving potential Caremark liability for McDonalds due to allegations of a pervasive atmosphere of sexual harassment. [read post]
27 Feb 2023, 4:34 am by Peter J. Sluka
  What’s more, Section 608 is identical to Section 18-705 of the Delaware LLC Act, and Courts interpreting that provision have also held that upon the death of a member, the member’s estate becomes an “economic interest holder,” who lacks standing to prosecute derivative claims or to seek dissolution (see Estate of Calderwood v ACE Group Intl. [read post]
22 Feb 2023, 1:07 pm by Dennis Crouch
And it may help judges prevent (or call into question) misrepresentations about David v. [read post]
21 Feb 2023, 3:30 am by Kevin Kaufman
Table 1 shows how each state’s individual income tax is structured. 2023 State Individual Income Tax Structures States with No Income Tax States with a Flat Income Tax States with a Graduated-rate Income Tax Alaska Arizona Alabama Florida Colorado Arkansas Nevada Idaho California South Dakota Illinois Connecticut Tennessee Indiana Delaware Texas Kentucky Georgia Wyoming Michigan Hawaii   Mississippi Iowa   New Hampshire* Kansas   North Carolina Louisiana  … [read post]
20 Feb 2023, 4:46 am by Peter Mahler
In her post-trial decision last December in Hall v Middleton, Manhattan Commercial Division Justice Jennifer G. [read post]
15 Feb 2023, 7:38 am by Jay R. McDaniel, Esq.
The reasonable expectations test used in New Jersey was first adopted by the Delaware Supreme Court in the case of Weinberger v. [read post]