Berger Harris partner and Business Law Basics co-author Brian Gottesman was interviewed by Family BusinessCast on the advantages of
At the Delaware Corporate and Commercial Litigation Blog, Francis Pileggi analyzes the Delaware Court of Chancery’s opinion in In re: El Paso Pipeline Partners, L.P. Derivative Litigation.
The Harvard Law School Forum on Corporate Governance and Financial Regulation from around the country addressing the enforceability of exclusive forum clauses in corporate bylaws. Such clauses are designed to limit forum shopping by shareholders and other potential litigants by mandating that c
Gordon Smith of and Jordan Lee of Brigham Young University's J. Reuben Clark Law School have published an article on discretion in exercising fiduciary duties.
From the abstract:
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.