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17 results found


Fox Rothschild LLP | USA | 3 May 2017

Derivative demand requirements equally apply to actions asserted by 5050 member of an LLC

In Delaware, to assert a derivative action against company management, either a presuit demand must be made, or plaintiff must allege that demand


Fox Rothschild LLP | USA | 28 Apr 2017

Creditor lacks standing to bring Derivative Suit against LLC

The recent decision of Trusa v. Nepo, C.A. No. 12071-VCMR (Del. Ch. April 13, 2017), stands for the proposition that a creditor lacks standing to


Fox Rothschild LLP | USA | 12 Dec 2016

Personal jurisdiction over LLC manager act analyzed by Chancery

In the recent decision of In the Matter of Dissolution of Artic Ease LLC, C.A. No. 8932-VCMR (Del. Ch. Dec. 9, 2016), the Court of Chancery analyzed


Fox Rothschild LLP | USA | 6 Dec 2016

Delaware dissolution proceeding dismissed in favor of prior pending litigation

A question that is often posed to Delaware corporate practitioners is whether a non-Delaware court can dissolve a Delaware entity. Certain


Fox Rothschild LLP | USA | 31 Aug 2016

Books and records demand under Delaware Statutory Trust Act examined

Under the Delaware Statutory Trust Act, a beneficial owner of a Delaware statutory trust may seek inspection of the books and records of such trust


Fox Rothschild LLP | USA | 30 Aug 2016

Easement held to be an in rem property interest subject to section 363 sale

In the decision of In re Metroplex on the Atlantic, LLC, 545 B.R. 786 (Bankr. E.D.N.Y. 2016), the United States Bankruptcy Court for the Eastern


Fox Rothschild LLP | USA | 27 Aug 2016

Chancery partially grants motion to dismiss regarding waiver claim

The doctrine of waiver is fairly straightforward. Its application, on the other hand, can prove to be not so simple. The recent decision of Stephen W


Fox Rothschild LLP | USA | 18 Aug 2016

Deceptive Trade Practices Act claim denied by Chancery

In the recent decision of Diamond State Tire, Inc. v. Diamond Tire Pro & Auto Care, LLC, C.A. No. 11550-VCS (Del. Ch. Aug. 15, 2016), the Court of


Fox Rothschild LLP | USA | 16 May 2016

Another wave of standard register company preference actions filed

From May 11 to May 13, 2016, SRC Liquidation, LLC International Holdings, LLC (“Liquidating Debtor”), unleashed yet another wave of preference actions


Fox Rothschild LLP | USA | 30 Dec 2012

Delaware Supreme Court declines to hold that default fiduciary durites are owed in LLCs

In the recent case of Gatz Properties LLC v. Auriga Capital Corp., No. 148, 2012 (Del. Nov. 7, 2012), the Delaware Supreme Court affirmed the decision of

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