Business Law Today: December 2015

Delaware Insider: When Deciding Whether to Judicially Dissolve an LLC, the Court May Find the “Purpose” of the LLC to Be Different Than What Is Stated in the LLC Agreement

Jason Jowers

A recent decision by the Delaware Court of Chancery marks a change in Delaware LLC law important for both drafters of LLC agreements and litigators bringing or defending against petitions for dissolu…

Dec 15, 2015 9 min read

Which Hat Are You Wearing? Potentially Conflicting Fiduciary Duties for Director/Trustees of Trust-Owned Corporations

Michael P Connolly

Because courts have been inconsistent in determining which fiduciary standard applies to a corporate director who is also a trustee of trust-owned shares, it should be clarified at trust creation whi…

Dec 15, 2015 16 min read

The Conundrum of the Arbitration vs. Litigation Decision

E Norman Veasey

Conventional wisdom says that arbitration promises to be superior to court litigation. The question today is whether the promise of arbitration is real or illusory.

Dec 15, 2015 17 min read