Professor Benjamin Means of the University of South Carolina School of Law has written an article on the relationship between contract law and family businesses.
At the China Law Blog, Dan Harris has thoughts about the prevalence of companies doing business in China on the Justice Department's list of prosecutions under the
Andre Bouchard has been confirmed by the Delaware Senate to serve as the 21st Chancellor of the Delaware Court of Chancery.
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.
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
Details at bergerharris.com.
Details can be found at bergerharris.com.
In several recent decisions, the Delaware Court of Chancery addressed a number of issues relating to mergers and acquisitions and debt and equity financings. In In re Orchard Enterprises, Inc.