... acted with actual authority hinged upon whether he acted in "good faith" as set forth in a power of attorney section of the BASS LLC agreement. Under that provision, Burkett was authorized to make such a transaction provided he ... bona fide purchaser (Burkett's knowledge that the funds were embezzled was imputed to BASS). The Court also noted that "Delaware courts consistently imputed to a corporation the knowledge of an officer or director of the corporation acting on its behalf." The Court went ...
July 3, 2009 12:21 pm

New York Law Journal: Featured Columnists July 2, 2009

(New York Supreme Court Criminal Term Library Blog)
... the consolidation was not a typical 'many-into-one' structure, he reports, the District Court for the District of Delaware found that this 'many-into-three' consolidation still constituted substantive consolidation and unfairly harmed certain creditors." ... occur more often, and therefore, pursuit by the taxation authorities of responsible individuals becomes all the more frequent. Attorneys need to know the rules, he cautions, in order to properly advise business clients regarding the hard choices ...
July 2, 2009 12:56 am
... from AstraZeneca tells us that plaintiffs' lawyers have voluntarily dismissed two Seroquel lawsuits set for November trials in Delaware. AstraZeneca has a gloating statement: With this announcement, the initial seven cases prepared for trial in federal and state courts have been thrown out by judges or abandoned by the plaintiffs' attorneys themselves. We have said from day one that the heart of these cases are unproven claims that Seroquel caused diabetes in ...
July 1, 2009 02:46 pm

Hedge Fund Records

(Hedge Fund Law Blog)
... under the Delaware Uniform Limited Partnership Act A vast majority of hedge funds are structured as limited partnerships under the Delaware Uniform Limited Partnership Act (the DULPA). The code is very flexible and allows the limited partnership agreement ( ... and certificate of limited partnership and all amendments thereto, together with executed copies of any written powers of attorney pursuant to which the partnership agreement and any certificate and all amendments thereto have been executed; ...
June 30, 2009 09:12 am
... plaintiff's standing to seek dissolution and granting dissolution based on deadlock. The threshold issue in the case was whether an attorney hired by the defendant 50% member, Dr. Mohammed Salahuddin, had authority under the operating agreement (a) ... § 412 [a]). Our analysis thus turns on the issue whether Salahuddin was authorized to appoint as company counsel an attorney who accepted plaintiff's resignation letter transmitted to him by plaintiff before plaintiff cross-moved for dissolution. " ...
June 29, 2009 02:00 am

Fresh green mix of healthy law

(The Appellate Gourmet (c))
... s. 68.086, F.S.; authorizing rather than requiring a court to award attorney's fees and expenses to a prevailing defendant in an action brought under the Florida False ... . U.S. District Judge Mary A. McLaughlin also excluded all data from the Delaware Health Statistics Center and two nationally known children's hospitals. ... orders did not appear to clarify anything about 1995 and 1999 final orders -- Attorney's fees -- Remand for reconsideration of order denying parents' motions for fees and costs ...
June 28, 2009 06:47 am
... funds can be laundered and taxes evaded with little fear of detection and prosecution." I am not an attorney skilled in the intricacies of international law, taxes, or finance. I don't understand the differences between LLCs, IBCs, IFCs, ... . Maybe I am missing something. However, I know as a criminal investigator that following a dirty money trail to Delaware is about as difficult as following it to those jurisdictions criticized above by the US State Department. When I was assigned to Treasury's ...
June 28, 2009 12:51 am
... close to null). This includes requesting Panama authorities to demand from Panama lawyers to provide client records despite attorney-client privilege rules. However, this has proven to be insufficient for competitors of the Panama financial center. Doubts are prevalent among ... original incorporation date. Wyoming EZ Corp A Side by Side Comparison of Wyoming and Nevada and Delaware Benefits Nevada Wyoming Delaware No state corporate income tax No tax on corporate shares No franchise tax Minimal ...
June 28, 2009 12:43 am
... to "wheel separation, possibly resulting in a vehicle crash," according to Kia. The states affected by the recall include Connecticut, Delaware, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New ... cause of a crash and result in serious injury or death of the driver, passengers or bystanders. As Maryland automobile accident attorneys, Lebowitz-Mzhen LLC helps defend victims and their families in cases where a company has been ...
June 25, 2009 02:43 pm

No Ordinary Employee

(Legal Profession Blog)
The Delaware Supreme Court imposed a public reprimand of an attorney for problems with the operation of his escrow account. The problems were discovered in the course of a random audit of the account by the bar. It was thus...
June 25, 2009 07:27 am
... people Kris suggests below, contact the Indiana State and Delaware County Attorneys! The Muncie Delaware Humane Society (Indiana) has submitted a proposal to the County Council ... 765) 747-7899 Don Dunnuck ddunnuck@co. delaware. in.us Todd Donati tdonati@co.delaware .in.us Larry W. Bledsoe, Jr. lbledsoe@co ... Tuesday conversations with Councilors Bowman and Chambers regarding an ordinance proposed by the Muncie Delaware Humane Society which would impose a tax on dogs in addition to revising the county ...
June 25, 2009 06:58 am
... a fee shifting provision in an agreement entitling the prevailing party to attorneys' fees, the court still analyzes the reasonableness of fees based on Rule 1.5(a) of the Delaware Lawyers' Rules of Professional Responsibility, as well as ... court did not agree that all of the "expenses" were covered because the agreement that entitled the prevailing party to attorneys' fees only specified that "costs" associated with the litigation would be covered. The problem with that language in the agreement ...
June 24, 2009 01:00 pm
... states that allow the death penalty, executions also are effectively on hold because of court cases or moratoriums in California, Delaware, Illinois, Maryland, Nevada and North Carolina, according to the Washington, D.C.-based Death Penalty Information Center ... , and the state Supreme Court in February upheld the process by which Missouri adopted the execution procedures. Clemons' attorneys argued before the 8th Circuit in February that the state has not shown that it can carry out the procedures ...
June 24, 2009 08:39 am
... states that allow the death penalty, executions also are effectively on hold because of court cases or moratoriums in California, Delaware, Illinois, Maryland, Nevada and North Carolina, according to the Washington, D.C.-based Death Penalty Information Center ... , and the state Supreme Court in February upheld the process by which Missouri adopted the execution procedures. Clemons' attorneys argued before the 8th Circuit in February that the state has not shown that it can carry out the procedures ...
June 24, 2009 04:31 am

Proxy Access Proposed Rules Published by SEC

(The Harvard Law School Corporate Governance Blog)
... bylaw amendment, as well as a board's opting out of access by board adopted bylaws in states like Delaware where board adoption of proxy access bylaws will be permissible as of August 1, 2009. Next Steps The comment period will be open ... s recently proposed "Shareholder Bill of Rights"). · State legislation relating to proxy access, including enabling statutes such as Delaware's, statutes barring access entirely or statutes prescribing access regimes either supplementing the SEC rule proposals or, ...
June 23, 2009 06:16 am
... determining the amount of interest, Judge Horn calculated the applicable interest rate in varying amounts over time, applying Delaware law and using the standard of five percentage points above the Federal Discount Rate, resulting in interest rates applied ... combination with the small amount in dispute, would have been enough to discourage most self-interested plaintiffs' attorneys from enlisting in this case. More Bank Closures: After the close of business on June 19, 2009, the FDIC announced the ...
June 22, 2009 02:44 am
... the CDC -- goes as follows: Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), ... (5), and Wisconsin (1). National food safety law firm Pritzker Olsen Attorneys is accepting cases from all states involved in the outbreak, which has sickened at least 66 people. ... . coli O157:H7 and have eaten raw cookie dough from Nestle, an E. coli attorney at Pritzker Olsen is ready to assist you. Call 1-888-377-8900 (Toll Free ...
June 20, 2009 09:19 am
... the CDC -- goes as follows: Arkansas (1), Arizona (2), California (2), Colorado (5), Delaware (1), Hawaii (1), Iowa (2), Illinois (5), Kentucky (1), Massachusetts (4), ... (5), and Wisconsin (1). National food safety law firm Pritzker Olsen Attorneys is accepting cases from all states involved in the outbreak, which has sickened at least 66 people. ... . coli O157:H7 and have eaten raw cookie dough from Nestle, an E. coli attorney at Pritzker Olsen is ready to assist you. Call 1-888-377-8900 (Toll Free ...
June 20, 2009 09:19 am

Chancery Court Approves Settlement of Class Action and Awards Attorneys' Fees

(Delaware Corporate and Commercial Litigation Blog)
... ownership of public shareholders from approximately 61% to approximately 40%, as well as allegations about unreasonable compensation. The Delaware Supreme Court previously ruled in this case that the claims of the plaintiffs were direct in nature. In ... that they faced, thus allowing for a conclusion that the settlement was fair and reasonable. Attorneys' Fees The court explained that the policy of Delaware was to insure that "even without a favorable adjudication, counsel will be compensated for ...
June 19, 2009 01:24 pm
... is not measured with respect to amounts Scrushy might have to pay to the plaintiffs. However, the court said that "the attorneys' fees are nonetheless paid on account of liability to the underlying plaintiffs or risk thereof." The court found that the ... extension thereof." Scrushy raised a separate public policy argument with respect to his advancement rights, arguing that Delaware law "supports advancement of litigation fees for officers and directors to ensure that they will resist unjustified ...
June 18, 2009 02:27 am
 
 

This Domain Owned by Justia.com - Inquire About Justia.com's Legal Marketing Services