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3 Apr 2016, 12:19 pm by Francis Pileggi
The post Chancery Grants Advancement Based on LLC Agreement appeared first on Delaware Corporate & Commercial Litigation Blog. [read post]
9 May 2019, 7:25 pm by Francis Pileggi
Highlights of this Decision–Assuming Familiarity with Delaware Corporate Advancement Case Law: ·     The court referenced the well-known truism that advancement cases are particularly appropriate for resolution on a paper record, such as via dispositive motions. [read post]
6 Sep 2016, 3:24 am by Peter Mahler
The court’s analysis stressed that Section 18-108 of the Delaware LLC Act “defers completely to the contracting parties [to the LLC agreement] to create and to limit rights and obligations with respect to indemnification and advancement” and that the restrictions on advancement in Quivus’ LLC agreement “are few, if any. [read post]
27 May 2022, 6:26 am by Roger Levine, Estate Planning Attorney
Once you become serious enough about planning for the future to consult with an estate planning attorney you are going to recognize the fact that there are a number of different legal […] The post Advance Health Care Directives To Consider appeared first on Levine, Furman & Rubin, LLC. [read post]
1 Mar 2016, 9:00 am by Edward M. McNally
Patriot Rail Company LLC, C.A. 11605-VCL (February 29, 2016)  As is well known, a former director may be entitled to have his fees advanced in suits against him even after he has resigned from the board. [read post]
2 Mar 2017, 9:00 am by Edward M. McNally
Curo Texas Holdings LLC, C.A. 12369-VCL (February 21, 2017) Once the right to have fees advanced has been determined, the tricky issue is how to decide if the actual fees requested fall within the scope of the advancement rights. [read post]
5 Jan 2014, 5:40 pm by Francis Pileggi
However, the complaint seeks advancement and indemnification under the operating agreement of the defendant Ashbridge LLC. [read post]
25 Jan 2019, 4:18 pm by Cari Rincker
-All distributions and any advancements to members should be documented as such. [read post]
7 Apr 2014, 3:51 am by Peter Mahler
The company’s complaint against Wieser asserted claims for breach of fiduciary duty as well as a claim for judicial dissolution of the company. [read post]
7 Jan 2022, 11:57 am by Mark J. Furletti and John Sadler
The FTC’s recent announcement that it has entered into a settlement with two of the defendants (RAM Capital Funding LLC and Tzvi Reich) in a lawsuit filed by the FTC against two merchant cash advance providers and three of their officers for alleged violations of the FTC Act serves as a reminder of the FTC’s continuing focus on small business financing as well as the FTC Act’s application to business-to-business activity. [read post]
9 Sep 2012, 10:00 pm by Peter Mahler
Comm’r, 800 F.2d 625 (6th Cir. 1986), a tax case involving a taxpayer’s disputed treatment of advances as losses, including the presence or absence of traditional characteristics of loans (e.g. [read post]
13 Jun 2016, 1:47 pm by Francis Pileggi
The specific language of the corporate charter involved, as well as a separate LLC agreement that provided relevant rights in light of claims related to that affiliated entity, were dispositive to the extent that they provided for broader rights than are typically allowed in most advancement disputes. [read post]
6 Dec 2021, 4:49 am by Franklin C. McRoberts
The right to advancement and indemnity depends primarily on two things: the kind of entity involved (LLC, corporation, or partnership) and whether there is an applicable contract. [read post]
9 Apr 2012, 3:31 am by Francis Pileggi
Kevin and Francis covered some of the recent Delaware cases involving D&O Liability, as well as advancement and indemnification. [read post]
28 May 2019, 3:40 am by Peter Mahler
His explanation invokes the contract interpretation rule, contra proferentem (Latin for “against the offeror”), as well as provision in Section 3 of Article X placing the burden of proof on the company in any suit to enforce advancement rights: At best for the defendant then, the advancement provision of the charter is ambiguous. [read post]
24 Oct 2010, 1:45 pm by Patrick
Every Member, Manager or Partner should be notified of the meeting far enough in advance to attend the meeting. [read post]