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Specifically focused on corporate purchases and sales and the laws involved with public entitites.
Delaware Business Court Insider
By Albert H. Manwaring IV | August 9, 2017
The predominant approach in most jurisdictions to determine whether the dismissal of a derivative action based on the failure to adequately plead demand futility bars re-litigation of this issue in a subsequent derivative action brought by a different stockholder plaintiff is to apply the traditional legal test for issue preclusion.
1 minute read
Delaware Business Court Insider
By Barry M. Klayman and Mark E. Felger | August 9, 2017
In order for a creditor who supplies goods to a debtor within 20 days before the bankruptcy petition is filed to recover the value of the goods as a priority administrative expense under Section 503(b)(9) of the Bankruptcy Code, the debtor must have had physical possession of the goods and not merely constructive receipt.
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By Greg Land | August 7, 2017
The officer is seeking $6 million in punitive and compensatory damages, and is demanding Sig Sauer recall the pistol or include a warning that the gun is not "drop safe" when a round is chambered.
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Delaware Business Court Insider
By Tom McParland | August 4, 2017
The Chancery Court-ordered sale of TransPerfect was set to move ahead Friday after Chancellor Andre G. Bouchard blocked in a last-ditch effort to break the corporate deadlock that has plagued the profitable translation-services company.
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Delaware Business Court Insider
By Jacqueline P. Rubin and Matthew D. Stachel | August 2, 2017
The rights of stockholders to demand to inspect a corporation's books and records under state corporation laws are a powerful method of ensuring the stockholders' rights and interests are safeguarded
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Delaware Business Court Insider
By Travis J. Ferguson | August 2, 2017
Three recent decisions by Delaware courts have addressed the appropriateness of equitable relief to acquire funds held in escrow post-closing of a transaction.
1 minute read
By therecorder | The Recorder | July 31, 2017
C.A. 4th; G054078 The Fourth Appellate District granted a petition for writ of mandate. The court held that the trial court erred in failing to assess…
1 minute read
Delaware Business Court Insider
By Tom McParland | July 31, 2017
The Delaware Court of Chancery on Friday ruled that a top lawyer for William I. Koch will be allowed to testify on behalf of the billionaire in a bitter fight over investor rights that could determine the future of Koch's Oxbow Carbon firm.
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By Jonathan Marks | July 31, 2017
The U.S. Foreign Corrupt Practices Act has been setting an ever-lower threshold for violations of the FCPA's books and records and internal controls provisions. As the clock turned to 2017, the U.S. Securities and Exchange Commission (SEC) charged Mondelz International, Inc. (formerly Kraft Foods) because one of its subsidiaries Cadbury, a U.K.-based confectionery and snack beverage company that had securities registered with the SEC and manufacturing facilities in India, failed to conduct appropriate due diligence on and monitor the activities of an agent, which "created the risk" that funds paid to the agent, which has no written contract, could have be used for improper or unauthorized purposes and Cadbury's books and records did not accurately and fairly reflect the natures of the services rendered by the agent.
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By Kirsten Polyansky and Phil Lookadoo | July 27, 2017
Regulatory compliance is no longer an option to be implemented by only mega corporations. Any size enterprise is fair game to regulatory scrutiny, which renders the economic and reputational risks of noncompliance too costly at every level. But what elements comprise a strong compliance program and how many of those elements does your compliance program include?
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