Journal of Business & Technology Law
Recently Decided Cases
Mitchell, Brewer, Richardson, Adams, Burge & Boughman v. Brewer by North Carolina Buisness Court on 3/31/2009
The words and actions surrounding Plaintiffs' departures from the law firm constituted a withdrawal, and did not result in the dissolution of the firm pursuant to the North Carolina Limited Liability Company Act, N.C. Gen. Stat. § 57C-1-01 et seq. ("LLC Act").
Mobile Diagnostics Groups Holdings, LLC v. Suer by Court of Chancery on 3/24/2009
The chancery court held (1) the non-resident defendant did not consent to be within the court's personal jurisdiction by signing service of process and choice of law covenants specifying that Delaware's process rules and state law be employed in any dispute between the parties; and (2) non-resident defendant did not come within Delaware long-arm statutes definition of business transactions by negotiating and structuring a purchase agreement entirely outside the state.
Sutherland v. Sutherland by Court of Chancery on 3/23/2009
A charter provision, the effect of which would effectively eradicate the duty of loyalty for corporate directors, is not enforceable under Delaware law.
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