LLC Law Monitor reports on two recent decisions (one in Montana, and the other in Louisiana) dealing with personal liability of the manager of an LLC:
Posts for "Case Law Analysis" filter
Post date: Posted on: June 27, 2014
Post date: Posted on: June 22, 2014
In the latest issue of NH Bar News, attorney Lisa Thompson summarizes four recent US Supreme Court decisions involving intellectual property litigation issues—awards of attorneys' fees in paten
Post date: Posted on: June 20, 2014
At the Delaware Corporate and Commercial Litigation Blog, Francis Pileggi analyzes the Delaware Court of Chancery’s opinion in In re: El Paso Pipeline Partners, L.P. Derivative Litigation.[1]
Post date: Posted on: June 17, 2014
The Harvard Law School Forum on Corporate Governance and Financial Regulation from around the country addressing the enforceability of exclusive forum clauses in corporate bylaws. Such clauses are designed to limit forum shopping by shareholders and other potential litigants by mandating that c
Post date: Posted on: June 14, 2014
In a recent post, Eugene Volokh reports on the Second Circuit decision in
Post date: Posted on: June 13, 2014
Gordon Smith of and Jordan Lee of Brigham Young University's J. Reuben Clark Law School have published an article on discretion in exercising fiduciary duties.
From the abstract:
Post date: Posted on: May 13, 2014
Tags: Alternative Business Entities, Antitrust, Civil Litigation / Civil Procedure, Contracts, Corporations, Courts, Fiduciary Duties, Limited Liability Companies, Mergers and Acquisitions
Post date: Posted on: April 29, 2014
The Delaware Corporate and Legal Services Blog has posted analysis by retiring Delaware Supreme Court Justice Jack Jacobs of recurring issues in corporate governance law.
Post date: Posted on: April 15, 2014
The housing cooperative, or co-op, is a form of entity with which residents of New York City (and many other municipalities) are well acquainted.
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.