The debate rages on regarding whether default fiduciary duties apply to LLC managers under Delaware law *

USA - January 7 2013
Earlier this year, we reported on the Delaware Court of Chancery's decision in Auriga Capital Corp. v. Gatz Properties, LLC, wherein Chancellor Strine held…

Co-authors: Ryan M. Philp.

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Chancery Court endorses predictive coding *

USA - November 5 2012
Signaling the growing acceptance of predictive coding of electronically stored information - a process by which computer algorithms determine whether a document is relevant - the Delaware Chancery Court this month for the first time endorsed its use.

Co-authors: David A. Shargel.

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Delaware Chancery Court clarifies that default fiduciary duties apply to LLC managers *

USA - March 15 2012
In 2004, the Delaware General Assembly amended both the Delaware Revised Limited Uniform Partnership Act and the Delaware Limited Liability Company Act to permit the wholesale elimination of fiduciary duties in an LLC Agreement.

Co-authors: Ryan M. Philp.

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Delaware Supreme Court declines to apply Iqbal-Twombly "plausibility" pleading standard *

USA - February 7 2012
In two recent decisions, the Delaware Supreme Court clarified that the governing pleading standard in Delaware state court is “reasonable conceivability” notwithstanding the United States Supreme Court’s adoption of a more stringent “plausibility” pleading standard in Ashcroft v. Iqbal, 129 S. Ct. 1937, 1949 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 556 (2007).

Co-authors: Ryan M. Philp, Tony L. Visage, Laurence A. Silverman.

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New York's highest court reinstates $5 billion lawsuit by big banks against MBIA *

USA - June 29 2011
New York’s highest court yesterday reinstated a $5 billion lawsuit brought by a group of banks, including Bank of America and Wells Fargo, against insurance giant MBIA.

Co-authors: Seth M. Cohen.

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