Posts for "Fiduciary Duties" filter

Post date: Posted on: June 20, 2014

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.[1]

Tags: Alternative Business Entities, Commercial Litigation, Commercial Transactions, Contracts, Corporations, Courts, Equity / Chancery, Fiduciary Duties, Legal Theory, Limited Liability Companies, Partnerships
Post date: Posted on: June 17, 2014

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

Tags: Comparative Law, Contracts, Corporations, Equity / Chancery, Fiduciary Duties, Securities
Post date: Posted on: June 13, 2014

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:

Tags: Agency, Alternative Business Entities, Contracts, Corporations, Equity / Chancery, Fiduciary Duties, Legal Theory, Limited Liability Companies, Mergers and Acquisitions, Partnerships, Trust Law
Post date: Posted on: April 22, 2014

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

Tags: Business Ethics, Commerce, Comparative Law, Corporations, Criminal Law, Fiduciary Duties, International Law
Post date: Posted on: April 11, 2014

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.

Tags: Alternative Business Entities, Civil Litigation / Civil Procedure, Comparative Law, Corporations, Equity / Chancery, Fiduciary Duties, Limited Liability Companies

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