Posts for "Equity / Chancery" filter

Post date: Posted on: December 2, 2014

Plaintiffs in business disputes often attempt to make a case for the imminent danger of irreparable harm (a required element for ordering expedited proceedings and for many types of equitable relief, such as entitlement to a temporary restraining order (TRO) or preliminary injunction).  Courts ha

Tags: Civil Litigation / Civil Procedure, Commercial Litigation, Courts, Equity / Chancery, Evidence
Post date: Posted on: November 20, 2014

Francis Pileggi has an article in NACD Directorship about forum selection/limitation clauses in Delaware corporate bylaws: "

Tags: Civil Litigation / Civil Procedure, Commercial Litigation, Corporations, Courts, Equity / Chancery, Securities
Post date: Posted on: October 31, 2014

The Delaware Corporate and Legal Services blog hosts a short piece explaining the business judgment rule, a critical component of corporate law.

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Commercial Litigation, Corporations, Courts, Equity / Chancery, Fiduciary Duties
Post date: Posted on: October 7, 2014

Amendments to the Delaware Limited Liability Company Act adopted earlier this year by the Delaware General Assembly went into effect August 1, 2014. 

The amendments are as follows:

Tags: Alternative Business Entities, Equity / Chancery, Legislation, Limited Liability Companies
Post date: Posted on: September 11, 2014

Consider the persimmon. No wild fruits are so sweet and delectable as ripe persimmons after the first fall freeze, if you can beat the birds to them. But a green persimmon is not just less tasty; it is inedible. Not even a ‘possum will eat a green persimmon.

Tags: Civil Litigation / Civil Procedure, Commercial Litigation, Courts, Equity / Chancery
Post date: Posted on: September 10, 2014

In Ross Holding and Management Co. v. Advance Realty Group LLC,[1] the Delaware Court of Chancery has held again that traditional corporate fiduciary duties of care and loyalty apply to the members and managers of limited liability companies.  The Court wrote:

Tags: Alternative Business Entities, Comparative Law, Corporations, Equity / Chancery, Fiduciary Duties, Limited Liability Companies, Partnerships
Post date: Posted on: August 28, 2014

Some types of business entities (most famously, corporations) offer limited liability to their managers, owners, and officers. That is, under most circumstances such parties will have no personal liability for debts incurred (through tort or contract) by the business entity.

Tags: Alternative Business Entities, Bankruptcy, Civil Litigation / Civil Procedure, Commercial Litigation, Contracts, Corporations, Courts, Creditor / Debtor Law, Equity / Chancery, Limited Liability Companies, Partnerships, Real Estate / Real Property, Torts

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