Freedom of Contract

NEW BLOG POST BY PETER MAHLER ABOUT A NEW LAW JOURNAL ARTICLE ON LLC FREEDOM OF CONTRACT AND HOW IT IS BEING ABUSED

In the post under the link below, Peter Mahler discusses an important new law journal article by Professor Peter Molk of Willamette Law School on LLC freedom of contract and how it is being abused.  Every LLC formation lawyer should read the Mahler post and the Molk article. Here is the link: http://www.nybusinessdivorce.com/2016/06/articles/interviews/professor-peter-molks-groundbreaking-study-llc-owners-contract-around-default-statutory-protections/

IMPLIED COVENANT

The blog post under the link below discusses a January 28, 2015 decision by the Delaware Court of Chancery in a case called Orckit Communications Ltd. v. Networks Inc., and you can get a copy of the decision through that link.  The case is complex, but, in essence, under the relevant facts, it upholds a […]

NEW ARTICLE BY CHIEF JUSTICE STRINE AND VICE CHANCELLOR LASTER

Freedom of contract is, along with management structure flexibility and pick-your-partner and charging order protections, the major factor for most entity formation clients in choosing between LLCs and state-law business corporations as the entities they will use to conduct a new business.  The attached blog post in the “Delaware Corporate and Commercial Litigation Blog” summarizes […]