Delaware Business Court Insider | Commentary
By Kerri K. Mumford and Jennifer L. Cree | July 21, 2021
The U.S. Court of Appeals for the Third Circuit recently issued a precedential decision involving a matter of first impression that likely will modify how pharmaceutical and other distributors and their related entities structure their business dealings with manufacturers and others with analogous arrangements.
Delaware Business Court Insider
By P. Clarkson Collins Jr. | July 21, 2021
The contractual nature of limited liability companies and their often closely-held membership can pose significant pleading challenges, however, when a member feels aggrieved by the alleged misconduct of another LLC member or manager and must decide whether the asserted claims are derivative or direct.
The Legal Intelligencer | Commentary
By Maxwell Briskman Stanfield | July 19, 2021
The London Interbank Offered Rate (LIBOR) is not much longer for this world, with the reference rate on track to be discontinued in most of the world by the end of the year and for certain U.S. dollar (USD) transactions by 2023.
The Legal Intelligencer | Commentary
By Vanessa M. Kelly | July 13, 2021
Year 2020 was the of year of corporate promises: a year of public statements of support, a year of corporate America pledging racial and gender equity and real and sustained changes, and a year of donations to social justice causes. One year later, where are we? Are we any closer to meeting these promises or do they remain unfulfilled?
By David Clarke and David Edelheit | July 12, 2021
Why wait for a catalytic crisis before you evolve? Why not use the advantage of time to get a jump on change? These segments of the business can see it coming. Take hold of transformation before it takes hold of you.
By Ellen Bardash | July 12, 2021
Questioning from both sides Monday morning boiled down to establishing context in two areas: Tesla's place in the world of solar power and Musk's role within Tesla, primarily with regard to his level of control in relation to directors.
Delaware Business Court Insider | News
By Ellen Bardash | July 12, 2021
Questioning from both sides Monday morning boiled down to establishing context in two areas: Tesla's place in the world of solar power and Musk's role within Tesla, primarily with regard to his level of control in relation to directors.
Daily Business Review | Commentary
By Joseph P. Chase | July 12, 2021
Once a business owner has identified a prospective purchaser of his or her business, a letter of intent will typically be entered into. All too often, merger and acquisition (M&A) lawyers are engaged after sellers have signed letters of intent.
By Tom McParland | July 12, 2021
The derivative complaint alleged that Elon Musk breached his fiduciary duties and unjustly enriched himself by pursuing the struggling SolarCity, in which he was the largest investor.
Delaware Business Court Insider | Commentary
By Albert H. Manwaring IV | July 7, 2021
A proper balance between the stockholders' right to elect directors and the board's right to manage the company is dependent on the stockholders' unimpeded right to vote in an election of directors.
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