This Article revisits two fundamental issues in corporate law. One — the central role of the business judgment rule in fiduciary litigation — involves a great d
Goldman, Sachs & Co. which deal with the corporate dissolution laws of Delaware. Information is provided on how Delaware enacted a statutory scheme in the 1980s that allows a judicially supervised corporate dissolution that satisfies policy concerns.PivinEdward T.St. Louis University Law Journal...
"Delaware has been the primary state of incorporation in the United States for several decades, due to a business-friendly corporate law and a specialized court that can decide on corporate disputes expeditiously and without a jury. This has led to an extensive body of case law that is ...
Although it does not provide specific requirements for director nominations, the DGCL nonetheless provides "immense freedom for businesses to adopt the most appropriate terms for the organization, finance, and governance of their enterprise," which is one reason why "Delaware's corporate statute is ...
As we transition into spring, the minds of many corporate attorneys return to the annual updates proposed to the Delaware General Corporate Law (DGCL). If the changes proposed by the Council of Corporation Law Section of the Delaware State Bar Association are adopted (as they usually are), the...
Michael K. Reilly and David B. DiDonato Business Law Today On August 1, 2017, Delaware adoptedamendmentsto its corporate statute to enable Delaware corporations to utilize blockchain technology to create and administer corporate records, including a corporation’s stock ledger. Corporations can use ...
Following the Delaware Supreme Court's momentous decision imposing a strict negligence standard on corporate directors in Smith v. Van Gorkom in 1985, the Delaware legislature passed Section 102(b)(7) of the state's General Corporation Law, allowing corporations to limit director liability for breac...
The state legislature and the people of Delaware recognize the importance of keeping the state's business laws and corporate statute current, ensuring it will continue to be an attractive home for corporations, LLCs and all other types of corporate entities in the future. ...
law simplification and modernization around Europe. In Italy a suitable corporate law statute for early stage startups was missing. Italy is a dual system jurisdiction. The SPA (public company type) has at least part of the required financial flexibility, but it is still burdened by European ...
Justice Valihura noted that, in concluding otherwise based upon corporate law in states throughout the United States, the Chancery Court relied on treatises and case law issued between 1926 and 1948, "with no case cited after 1948 upholding such an...