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Delaware quarterly January - March 2014

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • April 4 2014

The Delaware Supreme Court and Delaware Court of Chancery are generally regarded as the country's premier business courts, and their decisions carry

First DOJ opinion release of 2014

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • March 26 2014

In its first "Opinion Procedure Release" of 2014, the U.S. Department of Justice responded to a request from a "United States financial services

Delaware quarterly July - September 2013

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • October 3 2013

The Delaware Supreme Court and Delaware Court of Chancery are generally regarded as the country’s premier business courts, and their decisions carry

Follow-up on last Friday’s blog: “executive does the right thing and gets screwed for it”

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 18 2013

Last Friday's blog, "Executive Does the Right Thing - and Gets Screwed for It," resulted in significant reader comments. The first group of comments

The debate in Delaware over "default" fiduciary duties in the LLC context rages on

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • January 10 2013

A threshold issue facing private equity funds is whether a prospective business entity should be structured as a traditional corporation or an

The logic of logistics: considerations when investing in third party logistics companies

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • June 19 2012

Third party logistics companies manage any type of vital outsourced process related to the operations of businesses including delivering finished supplies or products and storing and maintaining intermediate and end-of-the-line inventory

SEC renews focus on insider trading in private company stock

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • December 20 2011

On December 12, 2011, the SEC announced an enforcement proceeding that serves as a useful reminder that the federal laws against insider trading and misrepresentation apply as forcefully to private companies purchasing stock from employees and other shareholders as they do in the public company setting

ISS 2011-12 policy survey results

  • Winston & Strawn LLP
  • -
  • Global, USA
  • -
  • September 26 2011

Today, ISS released the results of its 2011-12 Policy Survey

No soup for you: derivative actions concerning Delaware limited liability companies

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • September 13 2011

The opinion issued by the Delaware Supreme Court (the “Court”) in the matter of CML V, LLC v. Bax, No. 735, 2010 (Del. Supr. Sept. 2, 2011)1 on September 2, 2011 will generally impact the relationa Delaware limited liability company’s relationship with its non-member contractual parties, and specifically its lenders

Elimination or waiver of fiduciary duties in DE fund agreements

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • July 23 2010

Delaware's freedom of contract principles, evolving statutes and business acumen within its court system have clearly made it the state of choice for entity organization, including most private equity funds, such that approximately 600,000 limited liability companies and limited partnerships are organized in Delaware