Posts for "Commercial Litigation" filter

Post date: Posted on: November 20, 2013

Lawyers drafting contracts (including operating agreements for LLCs and other business entities) often use "notwithstanding anything to the contrary" clauses to lend preclusive effect to a particular section.  For example, an agreement might contain a provision that "notwithstanding anything to the contrary in this agreement, any Member may engage in other business without the permission of the Company or the other Members."

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Commercial Litigation, Contracts, Equity / Chancery, Limited Liability Companies
Post date: Posted on: November 6, 2013

After concluding that neither party had presented a reasonable valuation alternative method, the Court of Chancery used the merger price to determine “fair value” in a recent statutory appraisal proceeding where the sales process leading up to the merger had been judicially challenged, reviewed a

Tags: Alternative Business Entities, Appeals, Commercial Litigation, Corporations, Equity / Chancery, Fiduciary Duties, Limited Liability Companies, Partnerships