Posts for "Brian M. Gottesman" filter

Post date: Posted on: April 11, 2014

Most states' limited liability company statutes contain provisions authorizing indemnification and advancement of legal expenses incurred by managers, officers, and other controlling persons resulting from lawsuits against them in their capacity as such.  Generally, these provisions allow the LLC to reimburse (indemnify) these "covered persons" for any legal expenses, except where the court finds bad faith, gross negligence, or some other "bad act," and companies may go a step further and pay such expenses during the pending litigation (advancement), provided that if the covered person is found to have committed a "bad act," the advanced funds must be repaid.

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Comparative Law, Corporations, Equity / Chancery, Fiduciary Duties, Limited Liability Companies
Post date: Posted on: April 11, 2014

Editor's note: early in the life of this blog we attempted to provide a famous quotation from legal history, sometimes with extensive commentary and historical perspective (see here) in a piece entitled "Legal Quote of the Week."  It's

Tags: Courts, Legal History, Legal Industry
Post date: Posted on: April 2, 2014

The Alabama Legislature has passed the Alabama Limited Liability Company Law of 2014, a substantially revised and restated version of their prior LLC law.

Tags: Alternative Business Entities, Comparative Law, Contracts, Legislation, Limited Liability Companies
Post date: Posted on: April 1, 2014

At Above the Law, Dan Harris of the law firm of Harris Moure has thoughts about the futility of attempting to enforce U.S. court judgments against defendants located in China:

Tags: Alternative Dispute Resolution, Comparative Law, Contracts, Courts, Creditor / Debtor Law, International Law, Legal Theory, Technology & Law
Post date: Posted on: April 1, 2014

Martin Lipton, inventor of the "poison pill" and co-founder of the law firm of Wachtell, Lipton, Rosen & Katz, spoke at the Corporate Law Institute last week, with

Tags: Corporations, Equity / Chancery, Fiduciary Duties, Legal History, Legal Theory
Post date: Posted on: April 1, 2014

Corporate and business entity taxation is a complex area, fraught with nuance. As most businesspeople are aware, however (and speaking by way of broad overgeneralization), business entities are generally taxed either as corporate or as pass-through entities.

Tags: Administrative Law, Alternative Business Entities, Commerce, Corporations, Law & Economics, Legislation, Limited Liability Companies, Partnerships, Taxation
Post date: Posted on: March 20, 2014

In USA Today, Glenn Reynolds, Beauchamp Brogan Distinguished Professor of Law at the University of Tennessee College of Law, assesses the state of the federal criminal justice system and

Tags: Administrative Law, Constitutional Law, Courts, Criminal Law, Legal Ethics

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