entity · derived
Delaware
Derived node: assembled mechanically from the claims carrying delaware. A roster, not an adjudicated definition.
Every claim under this term
- 617681-001 : Bundling substantive corporate law together with adjudication, the arrangement that succeeded in Delaware, is likely to cause difficulties in Europe; Member States are most likely to succeed in post C
- 617681-011 : The quality problems in Delaware adjudication mean it is not a foregone conclusion that the bundled product of statutes plus specialized courts leads to optimal results.
- 617681-012 : Delaware itself acknowledges the utility of unbundling statutes from adjudication, though not in its corporate law: its LLC statute specifically allows members or managers to agree in writing to arbit
- 617681-034 : None of the Delaware based solutions, whether importing bundled or unbundled Delaware law, is likely to be viable for Europe.
- 617681-038 : Arbitration of corporate governance disputes has not emerged in the United States because arbitration is at best the next best alternative to Delaware, and a second place finish does not justify the i
- 617681-039 : Europe has no equivalent of Delaware with which arbitration would have to compete, since incorporation theory is only beginning to take hold and no Member State has established a commanding lead in ma
- 1558614-027 : In In re Citigroup the Delaware Court of Chancery refused to extend the Caremark oversight duty, which concerns monitoring for illegal conduct, into oversight liability for business risk, so an inabil
- 1558614-039 : Delaware courts have not explicitly imposed a duty to monitor risk, but that omission may be moot: because failing to disclose risk violates federal securities law, unmonitored risk is likely to becom
- 3017612-003 : Although shareholder agreements are authorized and shaped by corporation code provisions, their construction is governed by ordinary contract interpretation rules, so statutory authorization does not
- 3017612-026 : Drag-along rights are likely enforceable in Delaware absent fraud or duress, because Delaware rejects the de facto merger doctrine and therefore does not trigger statutory formalities such as appraisa
- 3409548-016 : The legal limitations on smart contracts are slowly disappearing through state legislation, as shown by Arizona's 2017 law making smart contracts fully enforceable and Delaware's parallel Blockchain I
- 3411110-030 : Delaware's 2017 amendment to the Delaware General Corporation Law recognizing distributed electronic networks or databases as a valid means of creating and maintaining corporate records, including the