Recently in van der Fluit v. Yates, the Delaware Court of Chancery dismissed fiduciary duty claims against the board of a company stemming from its acquisition, even though the court concluded that
business judgment review did not...
Recently, the Delaware Court of Chancery extended the Kahn v. M&F Worldwide roadmap for invoking
business judgment review in controller buyouts to third - party transactions where the controller acts as a seller only, but is...
Not exact matches
JUDGMENT CALLS: 12 Stories of Big Decisions and the Teams that Got Them Right (Harvard
Business Review) Thomas H. Davenport and Brook Manville
Some of the reporting agencies may also record non-monetary
judgments which may or may not affect how your credit history is viewed by the person /
business reviewing it.
The Board has concluded that each of the trustees should initially and continue to serve on the Board because of (i) his or her ability to
review and understand information about the Trust provided to them by management, to identify and request other information they may deem relevant to the performance of their duties, to question management regarding material factors bearing on the management of the trust, and to exercise their
business judgment in a manner that serves the best interests of the trust's shareholders and (ii) the trustee's experience, qualifications, attributes or skills as described below.
With seasoned
judgment accumulated over 35 years of both general and specialized experience in law and
business, David's practice also includes transactions advice, document drafting, negotiation assistance in such areas as real estate and
business asset purchase and sale transactions, bank lending, contract
review and drafting, corporate and
business entity formation and dissolution.
The Court confirmed that because collective bargaining agreements are negotiated and refined over time by the parties themselves to reflect their needs, and since arbitrators are chosen by the parties because of their expertise in the particular
business and their trusted
judgment to interpret and apply the agreement, a court's
review of an arbitration award is «very limited».
Via the
Business Law Prof Blog comes this article from the online version of the Columbia
Business Law
Review, in which staff member Ari Taub predicts that the case will not survive summary
judgment.
All the things we study over the course of the semester in M&A on, for example, when it makes sense to structure the transaction as a reserve subsidiary merger rather than as a cash tender offer; when to file a Schedule TO or Form S - 4; or whether, if challenged, the board's actions will be
reviewed under the entire fairness standard or the more deferential
business judgment rule is irrelevant if there is no transaction.
If a
business is successful in obtaining an Ontario
judgment against a reviewer, Google will likely remove the
review.