Posts for "Courts" filter

Post date: Posted on: January 30, 2014

Eugene Volokh reports on a recent decision that addressed the propriety of a judge presiding over a case in which one of the attorneys is his or her Facebook "friend."

Tags: Appeals, Courts, Legal Ethics, Social Media, Technology & Law
Post date: Posted on: December 26, 2013

In The Ravenswood Investment Company, L.P. v. Winmill, C.A. No. 3730 (Del. Ch. Nov. 27, 2013), the Delaware Court of Chancery declined to grant summary judgment in favor of plaintiff on its claim that a corporation’s issuance of stock options was invalid for failure to obtain approval of the stock option plan by the corporation’s stockholders in a manner that complied with DGCL requirements regarding the dating of stockholder consents.  More specifically, plaintiff argued, based on Section 228(c) of the DGCL and the Chancery Court’s decision in H-M Wexford LLC v. Encorp, Inc., 832 A.2d 129 (Del. Ch. 2003), that the stockholder consent which approved the plan was invalid because it was not individually dated by the stockholder, but rather bore a pre-printed, “as of” date.  Section 228(c) of the DGCL reads: “every written consent shall bear the date of signature of each stockholder … who signs the consent….”  In H-M Wexford v. Encorp, Inc., the Delaware Court of Chancery declined to dismiss a claim that stockholder consents were invalid where multiple stockholders executed consents all containing a pre-printed “as of” date.  The Court’s ruling in H-M Wexford v. Encorp, Inc. appeared to be based on a strict construction of Section 228(c):

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Corporations, Courts, Equity / Chancery, Fiduciary Duties, Securities
Post date: Posted on: December 19, 2013

Delaware Law Weekly has an interview with the Delaware Supreme Court's former Chief Justice Myron Steele, who retired from the bench last month.

Tags: Alternative Business Entities, Commercial Litigation, Comparative Law, Contracts, Corporations, Courts, Equity / Chancery, Fiduciary Duties, Legal Industry, Legal Theory, Limited Liability Companies, Mergers and Acquisitions
Post date: Posted on: December 16, 2013

The Fraser Institute has issued its 2013 report on economic freedom in North America. Very interesting methodology and some surprising (and not-so-surprising) results.

Tags: Administrative Law, Commerce, Comparative Law, Courts, International Law, Labor and Employment, Law & Economics, Legal Industry, Legislation
Post date: Posted on: December 6, 2013

Lisa Stark has authored a report on recent judicial developments in Delaware corporate law, which can be downloaded here.

The cases discussed include:

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Commercial Litigation, Corporations, Courts, Fiduciary Duties, Limited Liability Companies, Partnerships
Post date: Posted on: December 3, 2013

Author and philosopher Nick Harkaway expounds on new developments in technology, and the implications for law, business and society.  Some of the revolutionary technologies he discusses implicate Arthur C.

Tags: Business Ethics, Constitutional Law, Courts, Criminal Law, Evidence, Intellectual Property, Law & Economics, Legal Ethics, Social Media, Technology & Law

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