James H S Levine

June 03, 2015 | Delaware Business Court Insider

Section 18-802 of the Delaware LLC Act provides that a member or manager may petition the Court of Chancery for dissolution of a Delaware LLC "whenever it is not reasonably practicable to carry on the business in conformity with a limited liability company agreement." But does a nonmember assignee have a right to seek to dissolve an LLC despite being neither a member nor a manager?

By James H.S. Levine, Joanna J. Cline and Christopher B. Chuff

6 minute read

March 03, 2015 | Delaware Business Court Insider

Delaware Court of Chancery Chancellor Andre G. Bouchard recently eliminated any doubt that properly pleading all elements of a cause of action remains a fundamental aspect of stating a claim under Delaware law, reiterating that a party must plead all elements to survive a motion to dismiss even under Delaware's comparatively lenient reasonable-conceivability standard.

By James H.S. Levine

9 minute read

March 03, 2015 | Delaware Business Court Insider

Delaware Court of Chancery Chancellor Andre G. Bouchard recently eliminated any doubt that properly pleading all elements of a cause of action remains a fundamental aspect of stating a claim under Delaware law, reiterating that a party must plead all elements to survive a motion to dismiss even under Delaware's comparatively lenient reasonable-conceivability standard.

By James H.S. Levine

9 minute read

June 29, 2010 | The Legal Intelligencer

Establishing scienter in private securities fraud litigation under the Private Securities Litigation Reform Act of 1995 (PSLRA) can be a daunting challenge to even the most skilled and seasoned practitioners.

By Robert L. Hickok and James H.S. Levine

13 minute read

August 22, 2012 | The Legal Intelligencer

As the result of an opinion recently issued by the Pennsylvania Supreme Court, minority stockholders whose shares in Pennsylvania corporations are to be exchanged for cash in freeze-out mergers have limited recourse beyond a judicial appraisal of their shares after the merger closes.

By James G. McMillan, James H.S. Levine and M. Duncan Grant

10 minute read