Continue Reading Advancement of legal fees under DGCL Section 145 is a quintessentially Delaware legal topic that has been the subject of 39 different posts over the last four years on this blog, (see list of posts here), either based on summarizing Delaware opinions on the issue or referring to discussions by others of recent developments.
Continue Reading Courtesy of associate Carl Neff is a summary of a decision from the U. Bankruptcy Court for the District of Delaware in a case styled: In re Troll Communications, LLC , 385 B. The court held that the failure of one of the arbitrators to disclose a prior affiliation with one of the parties was …
This Bankruptcy Court in Delaware is often called upon to apply Delaware corporate law and frequently applies it in the context … Travelers Insurance Company, 95 Delaware County (PA) Reports 145 (2008), read opinion here, the Delaware County (PA) Court of Common Pleas discusses the high standard in Pennsylvania that must be met for overturning a binding arbitration decision.
We were able to obtain detailed assessments of 316 CEO candidates for positions in firms funded by private equity (PE) investors – both buyout (LBO) and venture capital (VC) investors.
The candidates were assessed on more than 30 characteristics, including efficiency, teamwork, and analytical abilities.
Doing so sends a message to shareholders that the board is committed to sound executive compensation practices and effective corporate governance, and voluntary implementation of clawback provisions will reduce the likelihood that a company will receive a shareholder proposal.
On the other hand, companies need to consider whether the adoption of a clawback will adversely affect their ability to attract and retain executives.
Thanks to Mack Sperling of the North Carolina Business Litigation Report, we have a very recent decision by a New York Court, applying Delaware law, holding that the business judgment rule was satisfied in the "fire sale" [my words] of Bear Stearns to JP Morgan. 29, 2008), read opinion here, the Delaware Superior Court strictly construed the Delaware Mechanic’s Lien statute and dismissed the efforts of a subcontractor to file a mechanic’s lien based on non-compliance with the statute, such as the following: (i) failure to obtain written consent of the owner … A quote from the court’s opinion highlighted the issues addressed: There are a number of basic propositions in Delaware corporate cases that are helpful in clarifying the … Microprocessor Antitrust Litigation, 2008 WL 2310288 (D. The backdrop to this particular dispute in the litigation involved the inadvertent failure to …
The decision, here, was submitted to the court in North Carolina (mentioned below) hearing the Wachovia/Wells Fargo litigation … Continue Reading Peter Mahler on his New York Business Divorce Blog, here, discusses a New York case that involves a claim by an LLC member against the accountant of a Delaware LLC that was the subject of a dissolution proceeding in the Delaware Chancery Court. Continue Reading Steve Jakubowksi’s Bankruptcy Litigation Blog here, has a characteristically erudite analysis about the Lehman Brothers bankruptcy filing today, with links to actual documents filed in the case. Super., (July 30, 2008), read opinion here, the Delaware Superior Court imposed attorneys’ fees as a penalty for naming a co-defendant as a party for whom there was no (apparent) good faith basis to join as a defendant in the suit. Continue Reading This case summary comes to us courtesy of Maura Burke, one of our firm’s summer associates.
District Court for the Southern District of New York applied Delaware law to dismiss a derivative suit in this case based on the failure to establish that pre-suit demand was excused.
Del., Bankr., April 9, 2008), read opinion here, the Bankruptcy Court for the District of Delaware decided an issue of great importance to those who follow corporate governance issues related to the fiduciary duties of officers and directors.
Given their leadership positions and compensation, CEOs likely have a significant impact on their companies’ success.