SCOTUS Nominee Alito on Business Law Issues
Prof. Ribstein has a post that provides insightful commentary on the new SCOTUS nominee, Judge Sam Alito of the 3rd Circuit Appeals Court. Ribstein analyzes prior business cases from Alito, including one on Delaware law (the 3rd Circuit includes Delaware). … Continue reading
Attorneys Fees in Derivative Case
The Delaware Supreme Court affirmed a Chancery Court decision that awarded only about 20% of the amount requested for attorneys’ fees in a derivative case, despite a settlement agreement that allowed for payment of $1.2 million. The decision decribes the … Continue reading
Zone of Insolvency Duties
Prof. Bainbridge posts about an article he has written regarding the duties of directors when the company is in the “zone of insolvency”. The article is available to download here.
Reargument Motion Denied
In American Legacy Foundation v. Lorillard Tobacco Company,download file, Vice Chancellor Lamb denied a Rule 59 motion to reargue, and upheld his prior finding that there was no breach of the historic settlement agreement between the parties. I posted on … Continue reading
Discovery and Game Theory
“Game theory” is a branch of economics that deals with interdependent decisionmaking and was in the news recently in connection with Nobel prize winners whose work helped them to be recipients of that award. The Legal Ethics Forum blog has … Continue reading
California Court Applies Delaware Law
The blog called, May It Please The Court, reports on a recent California case that applied Delaware law to dismiss a derivative suit based on the well-known prerequisite of continuous stock ownership. This compares with the recent Delaware case of … Continue reading
Executive Compensation
Legal Reader blog quotes Chancellor Chandler as warning boards to be more mindful of executive compensation issues in order to avoid the blunt instrument of potential federal regulation on the matter.
Miers Withdraws Nomination for SCOTUS
CNN reports that President Bush relucantly accepts withdraw request by Miers for her SCOTUS nomination
Chancellor instead of Miers
Chancellor Chandler was suggested as preferable nominee to SCOTUS instead of Miers by Joe Miller of the Conglomerate blog.
Dismissal Due To Business Judgment Rule
In the case ofIn Re: CompuCom Systems, Inc. Stockholders Litigation , download pdf file, a Motion to Dismiss this class action was granted in part because the court observed no facts to support a reasonable inference to overcome the business … Continue reading
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