Contracts Commons^™

Homeland Self Storage Management Llc Order Appointing James F. Hart As Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Homeland Self Storage Management Llc Order Deferring Defendants' Motion For Protective Order And Appointment Of Special Master For Financial Discovery, John J. Goger

Georgia Business Court Opinions

No abstract provided.

In Re Ebix Inc. Shareholder Derivative Litigation Stipulation And Order Of Dismissal With Prejudice, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Strike Complaint, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Homeland Self Storage Management, Llc Order On Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Michael D. Sullivan Order On Motions In Limine And Motion To Quash Notice To Produce, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

La Famiglia Trust Order On Defendants' Motion To Dismiss, John J. Goger

Georgia Business Court Opinions

No abstract provided.

The Short Road Home To Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne M. Tucker

The Journal of Business, Entrepreneurship & the Law

One of the biggest Delaware Supreme Court cases of 2013 wasn’t. The Delaware Court of Chancery opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corp., upheld the enforceability of Delaware forum selection clause bylaws unilaterally adopted by corporate boards of directors. It was widely expected that the Delaware Supreme Court would uphold the Court of Chancery’s opinion. However, Plaintiffs dismissed their appeal and moved to dismiss their remaining claims in the Court of Chancery, leaving intact Chancellor Strine’s strong support of forum selection clauses. National Industries Group (Holding) v. Carlyle Investment Managements L.L.C. and TC Group, L.L.C., a 2013 …

Viken Securities Limited Et Al. Order On Plaintiffs' Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

The Short Road Home From Delaware: Boilermakers Local 154 Retirement Fund V. Chevron, Anne Tucker

Anne Tucker

One of the biggest Delaware Supreme Court cases of 2013 wasn’t. The Delaware Court of Chancery opinion in Boilermakers Local 154 Retirement Fund v. Chevron Corp., upheld the enforceability of Delaware forum selection clause bylaws unilaterally adopted by corporate boards of directors. It was widely expected that the Delaware Supreme Court would uphold the Court of Chancery’s opinion. However, Plaintiffs dismissed their appeal and moved to dismiss their remaining claims in the Court of Chancery, leaving intact Chancellor Strine’s strong support of forum selection clauses. National Industries Group (Holding) v. Carlyle Investment Managements L.L.C. and TC Group, L.L.C., a 2013 …

The Citizen Shareholder: Modernizing The Agency Paradigm To Reflect How And Why A Majority Of Americans Invest In The Market, Anne Tucker

Anne Tucker

This Article examines corporate law from the perspective of personal investment and discusses the economic realities of modern investments in order to understand the role of shareholders within the agency paradigm. Corporate law, its scholars, and suggested reforms traditionally focus on the internal organization of the corporation. For example, agency principles inform corporate law by acknowledging a potential conflict of interest between the managers and shareholders of a corporation. Reforms such as increased shareholder voting rights and proxy access, which seek to give shareholders a more direct means to make their interests known to managers, illustrate corporate law’s focus on …

Southern Telecom Order On Motions For Sanctions, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Frank Frohman, Derivatively On Behalf Of Aaron's Inc., Order And Final Judgment, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Viken Securities Limited Et Al Order On Motion To Compel, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Davis Lee Companies, Llc Final Judgment And Order On Motion To Hold Defendant Steven N. Aninye In Contempt, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Global Aerospace, Inc. Order On Defendants' Emergency Second Motion For Orders Compelling Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

City Of Atlanta Order On Plaintiff's Motion For Partial Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Rudy Blake Frazier And Building Technology Consulting Llc Order On Defendants' Motion To Dismiss, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Context Matters--What Lawyers Say About Choice Of Law Decisions In Merger Agreements, Juliet P. Kostritsky

Juliet P Kostritsky

ABSTRACT: The study of choice of law provisions in merger agreements yields various theories as to how much thought parties put into them, and what factors influence such decisions. Eisenberg and Miller found a shift to New York law and other scholars later hypothesized that parties specify New York law rather than Delaware law because New York law is more formalistic. However, a study of 343 merger agreements, consisting of 15 lawyer interviews and a survey sent to 812 lawyers, suggests differently. First, there is no shift from Delaware to New York. Second, a desire for formalistic law is not …

Global Aerospace Inc. Second Order On Defendants' Amended Motion For Order Compelling Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Avoiding The Road To Ferc-Dom: The Supreme Court Affirms The Right To Contract In Morgan Stanley V. Snohomish, Jorge A. Mestre

Jorge A Mestre

No abstract provided.

Homeland Self Storage Management, Llc Order Denying Defendants' Motion To Stay, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Global Aerospace, Inc. Order On Defendant's Motion To Compel Discovery, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Michael D. Sullivan Order On Defendants' Motion For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Limits Of Disclosure, Steven M. Davidoff, Claire A. Hill

Steven Davidoff Solomon

One big focus of attention, criticism, and proposals for reform in the aftermath of the 2008 financial crisis has been securities disclosure. Many commentators have emphasized the complexity of the securities being sold, arguing that no one could understand the disclosure. Some observers have noted that disclosures were sometimes false or incomplete. What follows these issues, to some commentators, is that, whatever other lessons we may learn from the crisis, we need to improve disclosure. How should it be improved? Commentators often lament the frailties of human understanding, notably including those of everyday retail investors—people who do not understand or …

Order On Defendant's Motion To Dismiss Plaintiffs' Verified Complaint (Harmony Land Company, Llc Et Al.), Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Order Granting Interlocutory Injunction (Runzhou Zhang Et Al.), Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Order On Defendants' Motion To Compel Against Non-Party Wells Fargo (Global Aerospace Inc.), Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Order On Valuation Of Shares Under Shareholder Agreement (Justin Fouse Et Al.), John J. Goger

Georgia Business Court Opinions

No abstract provided.

Fulton County Business Court: A Specialized Solution For The Modern Business Community, Megan K. Johnson

Georgia State University Law Review

Business courts or complex commercial divisions are growing in popularity as an effective tool to channel the most complex civil cases into one place before experienced judges with the background and training necessary to resolve the sophisticated issues often presented in those cases. According to North Carolina Business Court Judge Ben F. Tennille, one of the first judicial advocates of the business court model, the evolution of specialty business courts is a necessary response to “‘the rapidly increasing complexity, rate of change and globalization of business.’”

In 2005, Fulton County Superior Court launched a Business Case Division (“Fulton Business Court”) …