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1 Shareholder Oppression in Delaware
http://www.sgalaw.com/news-and-views/2010/4/27/shareholder-oppression-in-delaware.html
Delaware does not have a cause of action for oppression per se, but it does offer relief for minority shareholder oppression-like claims ...
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2 Delaware Shareholder Law Survey
https://shareholderoppression.com/delaware-shareholder-law
Delaware does not have an involuntary judicial dissolution statute based on oppression by controlling shareholders in a close corporation. Furthermore, as one ...
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3 Duties Among Members of Closely Held Businesses | Insights
https://www.hklaw.com/en/insights/publications/2020/06/part-1-duties-among-members-of-closely-held-businesses
Generally, the view is that such direct duties do not exist among shareholders in the Delaware approach. The foundation for the direct duties ...
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4 Minority Stockholder Risk and “Controllers” of a Delaware ...
https://www.pillsburylaw.com/en/news-and-insights/minority-stockholders-controllers-delaware-corporation.html
Under Delaware law, there can be two types of “control” over the business and affairs of a corporation—pervasive and transactional. If a ...
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5 Summer Shorts: LLC Minority Member Oppression and Other ...
https://www.nybusinessdivorce.com/2019/08/articles/summer-shorts/summer-shorts-llc-minority-member-oppression-and-other-decisions-of-interest/
Delaware's LLC Act, like New York's LLC Law, does not authorize a claim for oppression of a minority LLC member. As Justice Elizabeth Emerson ...
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6 Shareholder oppression - Wikipedia
https://en.wikipedia.org/wiki/Shareholder_oppression
The courts sometimes make oppression remedies available. An oppressed minority shareholder can ask the court to dissolve the corporation or to hold the ...
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7 Oppression Remedy: Litigating Oppression | Practical Law
https://content.next.westlaw.com/practical-law/document/Ia50183bb7ffa11e698dc8b09b4f043e0/Oppression-Remedy-Litigating-Oppression?viewType=FullText&ppcid=09b3f7d1390141c9b5b7680bcce06e29&originationContext=knowHow&transitionType=KnowHowItem&contextData=%28sc.DocLink%29
The oppression remedy is the broadest shareholder remedy in the common law world. It affirms the concept of minority rights in corporate governance.
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8 CLAIMS FOR OPPRESSION BY MINORITY ...
https://www.diamondmccarthy.com/wp-content/uploads/2020/12/s_reg._and_bus._conf._law__the_rights_and_remedies_of_oppressed_minority_shareholders_in_private_companies.pdf
Fractured Foundation Of Minority Shareholder Claims in Delaware .....................6 ... REMEDIES FOR MINORITY SHAREHOLDER OPPRESSION .
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9 No Cause of Action in Delaware for Conventional Stockholder ...
https://www.delawarelitigation.com/2020/10/articles/chancery-court-updates/no-cause-of-action-in-delaware-for-conventional-stockholder-oppression/
A recent Order of the Delaware Court of Chancery recited the truism ... Tags: "stockholder oppression", corporate governance, Court of ...
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10 Avoiding Shareholder Oppression Claims - Jimerson Birr
https://www.jimersonfirm.com/blog/2017/10/avoiding-shareholder-oppression-claims/
Among other things, oppressive conduct includes refusal to declare dividends, diversion of corporate earnings to the controlling shareholder ...
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11 Why Controlling Shareholders Are Not Fiduciaries
https://clsbluesky.law.columbia.edu/2020/03/09/why-controlling-shareholders-are-not-fiduciaries/
Under Delaware law, the risk of abuse of power by a controlling shareholder has been dealt with through imposition of fiduciary duties.
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12 Business-Divorce-Litigation-in-New-Jersey-vs.-Delaware-A ...
https://cclg.rutgers.edu/wp-content/uploads/Business-Divorce-Litigation-in-New-Jersey-vs.-Delaware-A-Comparative-Report.pdf
September 2013. 12. Eileen A. Lindsay, What Can I Do for You? Remedies for Oppressed Shareholders in New Jersey,. N.J. Law., August 2000.
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13 Similarities and Differences in Securities Valuation
https://willamette.com/insights_journal/15/autumn_2015_2.pdf
UOP decision in the State of Delaware.1 ... rights action, the exclusive shareholder remedy is ... shareholder oppression: Delaware, Indiana, Kansas,.
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14 Remedies for Oppression of Non-Controlling Shareholders in ...
https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1329&context=luclj
shareholders of a remedy for oppressive conduct by a controlling shareholder. 5. See infra Part II. ... In addition, the laws of Delaware and.
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15 Equity, Majoritarian Governance, and the Oppression Remedy
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3483563
The first involves the extension of fiduciary duties to controlling shareholders, and the second judicial review on the grounds of oppression.
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16 Minority Shareholder Litigation - Freeman Law
https://freemanlaw.com/practice-areas/civil-litigation/minority-shareholder-litigation/
In general, the shareholder oppression cause of action allows minority shareholders to force a buyout of their shares when controlling shareholders act “ ...
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17 An Economic Analysis of the Oppression Remedy - JSTOR
https://www.jstor.org/stable/825684
oppression remedy in the Canada Business Corporations Act (CBCA) of ... the aggregate market effect of a number of significant Delaware derivative.
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18 Shareholder Oppression & Dividend Policy in the.Close ...
https://scholarlycommons.law.wlu.edu/cgi/viewcontent.cgi?article=1241&context=wlulr
A. Exclusion from De Facto Dividends: Majority Fault ............ 878 ... 1990) (stating that the dissolution remedy for oppression.
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19 Fairness in The Oppression Remedy - CanLII
https://www.canlii.org/en/commentary/doc/2021CanLIIDocs13557
The two-part test for the oppression remedy set out in Re BCE Inc[3] includes two broad equitable concepts: reasonable expectations and unfairness. Under the ...
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20 A Contractual Approach to Shareholder Oppression Law
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=4700&context=flr
Yet most courts offer a remedy for shareholder oppression, ... Delaware Supreme Court has stated, “The tools of good corporate practice.
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21 A Simple Statutory Solution to Minority Oppression in ... - CORE
https://core.ac.uk/download/pdf/217201524.pdf
at 1133 ("It is worth noting that the Delaware Supreme Court for- mulated an extremely narrow question."). 2007]. 685. Page 31. MINNESOTA LAW REVIEW remedies ...
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22 Litigation Between Shareholders In Closely-Held Corporations
https://manteselaw.com/wp-content/uploads/2021/03/Litigation_Between_Shareholders.pdf
For example, in Delaware, shareholders owe fiduciary duties to ... Even in states with statutes authorizing a remedy for oppression, a surprising number.
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23 Equity, Majoritarian Governance, and the Oppression Remedy
https://www.cambridge.org/core/books/fiduciary-obligations-in-business/equity-majoritarian-governance-and-the-oppression-remedy/7D859DAA60D005AACC4686E3E0E47E34
The first involves the extension of fiduciary duties to controlling shareholders, and the second judicial review on the grounds of oppression. Both forms of ...
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24 Minority Members Now Can Assert Minority Oppression Claims
https://www.communitynews.org/princetoninfo/specialsections/sponsoredcontent/minority-members-now-can-assert-minority-oppression-claims/article_4187db04-b29e-5476-bcf9-c86906db8ca5.html
Unlike Delaware, the New Jersey legislature enacted a minority oppression statute to protect minority shareholders. N.J.S.A. 14A:12-7.
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25 The Need for Alternative Remedies in Virginia Minority ...
https://scholarship.richmond.edu/cgi/viewcontent.cgi?article=1093&context=law-student-publications
oppression provision as allowing equitable remedies, 9 the Su- ... plaining Delaware's business judgment rule is an objective standard: "Under [Delaware's.
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26 fiduciary duties and minority shareholder - UT Law CLE
https://utcle.org/ecourses/OC4295/get-asset-file/asset_id/25200
DIFFERING APPROACHES IN TEXAS, DELAWARE, AND NEVADA ... Waiver of Fiduciary Duties Under Delaware Law . ... Equitable Remedies for Oppression in Texas .
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27 CHAPTER EIGHT SHAREHOLDER SUITS
https://www.chenowethlaw.com/wp-content/uploads/sites/1201651/2021/08/New-Chap-8-2018.pdf
thus entitling the shareholder of a Delaware corporation to bring an ... remedy in oppression cases is an order for the controlling shareholders to purchase.
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28 The Texas Supreme Court Overhauls the Minority ...
https://www.hpylaw.com/content/uploads/2017/04/128_Texas-Supreme-Court-Overhauls-the-Minority-Shareholder-Oppression-Doctrine.pdf
in a minority shareholder oppression case and held: (1) the remedy for “oppressive” ... the Court aligned Texas law with the Delaware Supreme Court's view.
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29 Minority Shareholder Oppression in the Venture Capital Industry
https://www.law.ua.edu/pubs/lrarticles/Volume%2061/Issue%203/reaves.pdf
25 Recognizing that traditional remedies such as derivative suits ... commentators believe that Delaware's stance on the minority oppression.
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30 Avoiding a Minority Shareholder Oppression Claim in a Close ...
https://scholarship.law.missouri.edu/cgi/viewcontent.cgi?article=3035&context=mlr
November 14, 1989: Alabama, Arizona, California, Delaware, Illinois, Kansas, ... nonjudicial remedies before they can file a lawsuit under the oppression.
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31 University of Alberta THE OPPRESSION REMEDY
https://www.collectionscanada.gc.ca/obj/s4/f2/dsk1/tape9/PQDD_0006/MQ40131.pdf
Bibliotheque nationale du Canada de ... vendre des copies de cette these sous ... current application of the oppression remedy in Canada and thereby ...
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32 Business Divorce of Closely Held Corporations - An Overview
https://www.thebusinessdivorcelawyer.com/business_divorce_in_the_closely_held_corporation-overview/
Quite frequently, the oppressed shareholder remedy is incorporated into statutes that permit a court to judicially dissolve a corporation. The ...
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33 held corporations: protecting minority shareholders
https://law.wayne.edu/pdfs/job_protecting_minority_shareholders_from_abuse_gerard_v_mantese_and_ian_m_williamsonvol_1-1summer_20181_1_1_.pdf
1990) (providing an example in Delaware where shareholders who own ... remedies for oppression, a surprising number of these statutes fail to specifically.
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34 Toward a Delaware Common Law of Closely Held Corporations
https://openscholarship.wustl.edu/law_lawreview/vol77/iss4/5/
There is, therefore, some reason to doubt that the Delaware courts will allow oppression by a controlling party in a case where the problem is squarely ...
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35 A Comparative Evaluation of the Delaware and Maryland ...
https://scholarship.law.duke.edu/cgi/viewcontent.cgi?article=2172&context=dlj
In 1967 both Delaware and Maryland enacted close corporation legis- lation. ... close corporations, 2 the "freeze-out" or other oppression of -the minority.
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36 Reasonable Expectations of Shareholder-Employees in ...
https://via.library.depaul.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1309&context=bclj
V. REMEDIES IN OPPRESSION THROUGH TERMINATION OF. EMPLOYMENT CASES . ... When dissension between majority and minority shareholders de-.
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37 Del. Supreme Court Overrules Prior Shareholder Rights ...
https://www.appraisalrightslitigation.com/2021/09/20/del-supreme-court-overrules-prior-shareholder-rights-decision/
Rossette, the Delaware Supreme Court held that there was one type of corporate overpayment claim that is both derivative and direct: a claim ...
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38 Buyout Remedy for Oppressed Minority Shareholders
https://scholarcommons.sc.edu/cgi/viewcontent.cgi?article=3189&context=sclr
Henderson, Joshua M. (1995) "Buyout Remedy for Oppressed Minority ... had a policy of awarding de facto dividends, based on stock ownership, in the.
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39 Oppression / Just and Equitable Winding-Up Interim Relief ...
https://commerciallist.com/pdf/commercial-list-book-of-authorities.pdf
chef de l'Alberta, représentée par le ministre des Finances, Régie de retraite de la fonction ... The oppression remedy focuses on harm to the legal.
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40 Fulham, Dickson and the unfair prejudice remedy
http://arbitrationblog.practicallaw.com/arbitrating-oppression-fulham-dickson-and-the-unfair-prejudice-remedy/
... with the unfair prejudice remedy, or the "oppression remedy", ... but there is similar relief in many states, most importantly Delaware.
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41 The Effectiveness of Involuntary Dissolution Suits as a ...
https://engagedscholarship.csuohio.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=1910&context=clevstlrev
ing appropriate and innovative remedies to deal with oppression and other wrongful conduct. ... involuntary dissolution of a Delaware corporation).
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42 The Delaware Way: How We Do Corporate Law and Some...
https://www.wlrk.com/WebDocs/WLRKNew/AttorneyPubs/WLRK.27004.05.pdf
Delaware corporation law governs only the internal affairs of the corporation. ... therefore deployed means to prevent and remedy disloyalty. The statutory.
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43 Subchapter XIV. Close Corporations - Delaware Code Online
https://delcode.delaware.gov/title8/c001/sc14/index.html
... the corporation nor any of its stockholders takes the steps required by § 348 of this title to prevent such loss of status or to remedy such breach.
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44 Taylor v. LSI Logic Corp. :: 1998 :: Delaware Supreme Court ...
https://law.justia.com/cases/delaware/supreme-court/1998/715-a-2d-837-1.html
Taylor concedes that the sole basis for her claim is Section 241 of the Canadian Act, commonly referred to as the "oppression remedy.
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45 SHAREHOLDER AND LLC MEMBER OPPRESSION IN TEXAS
https://www.baylor.edu/law/facultystaff/doc.php/182197.pdf
incorrect, that receivership is the only remedy for oppression, and ... Standing to Assert Claims Under Delaware Law .
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46 (PDF) Fair Value in Shareholder Dissent and Oppression
https://www.researchgate.net/publication/262602974_Fair_Value_in_Shareholder_Dissent_and_Oppression
shareholder is a þro ratø share of the value of the company as â whole. ... exclusive remedy is cash. ... Tiaded Corporations: The Market Exception." ... of the ...
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47 Mapping Types of Shareholder Lawsuits Across Jurisdictions
https://ecgi.global/sites/default/files/working_papers/documents/3632017.pdf
it is often eclipsed by the “unfair prejudice” or “oppression” remedy. In the civil law world, de- rivative litigation and close equivalents exist, ...
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48 THE DISSOLUTION AND BUY OUT REMEDIES
https://digitalcommons.law.uga.edu/cgi/viewcontent.cgi?article=1232&context=stu_llm
OPPRESSION OF MINORITY SHAREHOLDERS IN CLOSE CORPORATIONS: THE. DISSOLUTION AND BUYOUT REMEDIES by. ALEXIS WOCHENMARKT. Licenciaat in de ...
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49 Shareholder Oppression &(and) Reasonable Expectations
https://scholarship.law.umn.edu/cgi/viewcontent.cgi?article=2164&context=mlr
view oppression not as a ground for dissolution, but as a remedy for ... a Delaware Common Law of Closely Held Corporations, 77 WASH. U. L.Q..
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50 A Comparative Analysis of Corporate Fiduciary Law: Why Delaware ...
https://www.semanticscholar.org/paper/A-Comparative-Analysis-of-Corporate-Fiduciary-Law-%3A/c043790fe8b7c107be83219afbaebcb83e08758c
Bad Faith and the Oppression Remedy: Uneasy Marriage, or Amicable Divorce? Jeffrey G. MacIntosh. Law. 1990. Courts have disagreed on the issue of whether a ...
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51 Sovell : Clear and Ambiguous Clauses, Commercial Reality ...
https://www.fasken.com/en/knowledge/2022/04/affaire-sovell
... that thinks it should intervene in the context of an oppression remedy? ... of the American company incorporated in Delaware, C-IN2 USA.
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52 BCE v. 1976 DEBENTUREHOLDERS
https://www.dwpv.com/~/media/Files/PDF_EN/2014-2007/BCE_v_1976_DEBENTUREHOLDERS_AN_UNEXAMINED_QUESTION_CONSIDERED.ashx
stakeholders under the oppression remedy and the plan of arrangement ... Delaware that may justify or explain divergent judicial approaches to the ...
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53 The Interplay Between Shareholder Oppression Suits and ...
https://lawreview.law.lsu.edu/2017/04/04/the-interplay-between-shareholder-oppression-suits-and-derivative-actions-in-closely-held-corporations/
Before the LBCA, the only remedy for an oppressed shareholder was involuntary dissolution under the LBCL. This drastic measure was frowned-upon ...
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54 A Comparative Analysis of Corporate Fiduciary Law
https://scholar.smu.edu/cgi/viewcontent.cgi?article=1718&context=til
Delaware citizen's rights and remedies will be closely linked to the standard ... Cheffins, The Oppression Remedy in Corporate Law: The Canadian Experience, ...
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55 Stockholders and Shareholders - American Bar Association
https://www.americanbar.org/groups/business_law/publications/the_business_lawyer/find_by_subject/buslaw_tbl_mci_stockshare/
The Shareholder's Cause of Action for Oppression ... misconstrues Delaware's Going-Private Dilemma by, among other things, treating the two ...
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56 Miller on Fiduciary Duties of Controlling ... - Legal Theory Blog
https://lsolum.typepad.com/legaltheory/2019/11/miller-on-fiduciary-duties-of-controlling-shareholders-the-oppression-remedy.html
Notwithstanding long-settled authority in Delaware and other American states for the ... By comparison, the oppression remedy – favored in commonwealth ...
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57 From Production Resources to Peoples Department Stores
https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1062&context=jbtl
to directors and officers of Delaware and Canadian corporations as to how to oper- ... tors have remedies through either oppression claims in Canada or ...
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58 Defending Against Shareholder Lawsuits - H. Joel Newman
https://www.hjoelnewman.com/how-to-avoid-shareholder-lawsuits.html
Michigan courts often look to Delaware corporate law for guidance. However, Delaware does not have an oppression statute. In addition to the above statutory ...
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59 Minority Shareholder Rights In Pennsylvania And Florida
https://www.jdsupra.com/legalnews/minority-shareholder-rights-in-pennsylva-34501/
Accordingly, an oppressed shareholder may seek statutory relief in Pennsylvania even when he owns less than 5% of a corporation that is not a ...
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60 minority owner oppression - Legal Scholarship Repository
https://ir.law.utk.edu/cgi/viewcontent.cgi?article=1534&context=transactions
Probably the most popular remedy for oppression these days is a buyout. ... Delaware is a rather large exception, but in most states, you get one of.
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61 Business Divorce: Dissolving LLCs Under Delaware Law
https://hegh.law/assets/docs/Business-Divorce-in-LLCs-033115.pdf
B. Buyout as a Remedy. Delaware does not recognize the tort of “minority oppression,” nor is there a statutory or common law right.
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62 The patriation of Canadian corporate law
https://www.utpjournals.press/doi/pdf/10.3138/utlj.2019-0023
dian Bijuralism / L'Harmonisation de la législation fédérale avec le droit ... see Brian Cheffins, 'The Oppression Remedy in Corporate Law: The Canadian ...
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63 What Is Shareholder Oppression? - Lawyer Monthly
https://www.lawyer-monthly.com/2020/03/what-is-shareholder-oppression/
Before a shareholder can prove that the majority has engaged in oppressive conduct, they must be able to recognize what it is and what actions ...
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64 Fiduciary Duty Myths in Close Corporate Law
https://www.djcl.org/wp-content/uploads/2014/08/Fiduciary-Duty-Myths-in-Close-Corporate-Law.pdf
even though Delaware is the leading jurisdiction in corporate law, ... 1992) (making the remedy for oppression available to corporations with twenty-five or ...
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65 Corporate Behavior and the Minority Shareholder
https://commons.und.edu/cgi/viewcontent.cgi?article=2030&context=ndlr
1980) (although the marketplace usually provides a remedy for oppressed ... Lewis: When Demand Is Excused and Delaware's Business Judgment Rule, 9 DEL.
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66 Other Jurisdictions Are Not As Generous As New Jersey When ...
https://www.njlawblog.com/2012/07/articles/shareholder-oppression/other-jurisdictions-are-not-as-generous-as-new-jersey-when-determining-the-existence-of-shareholder-oppression/
Bikon Corp, 143 N.J. 168 (1996). Delaware does not have a statute similar to New Jersey's Minority Oppression Statute. Nixon v. Blackwell, 626 A ...
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67 fiduciary duties and minority shareholder oppression from the ...
https://www.texasbusinesslaw.org/resources/texas-business-law-journal/volume-45-issue-no-3-fall-2013/2013-fall-tjbl-files/2013-fall_young_circelli_walter_fiduciary-duties-minority-shareholder-oppression-defense-perspective.pdf
sometimes referred to as Ishareholder oppression." Delaware has no similar statute, and has developed a limited set of remedies (often ...
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68 Avoiding New Jersey's LLC Minority Oppression Statute ...
https://riker.com/publications/avoiding-new-jerseys-llc-minority-oppression-statute-through-domestication/
While the members of a New Jersey LLC may limit the courts' available remedies by way of the operating agreement, RULLCA explicitly prohibits the members from ...
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69 the statutory derivative action: lessons that may be learnt from ...
http://classic.austlii.edu.au/au/journals/UWSLawRw/2002/4.html
After analysing the rule in Foss v Harbottle and the oppression remedy ... This case can be contrasted with the decision of the Delaware Supreme Court in ...
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70 113 minority shareholder freeze - Galfand Berger
http://www.galfandberger.com/files/2013/09/Minority-Shareholder-Freeze.pdf
powerful remedies as victims of shareholder oppression by majority sharehold- ... ninority. freeze-out civil action.19 Unlike Delaware, Pennsylvania law ...
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71 Propose Statutory Relief for Oppressed Minority Shareholders ...
https://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=2143&context=flr
Plaintiff asked defendant to de- ... Minority shareholders traditionally had only one remedy-to sell their ... statutory remedy for oppression.
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72 “Direct and Derivative Standing Under Illinois and Delaware ...
https://www.schwartz-lawyer.com/wp-content/uploads/sites/3651/2020/04/March-2020-Presentation-materials-on-direct-and-derivtative-standing-under-Illinois-and-Delaware-law.pdf
Illinois and Delaware law are identical regarding who may maintain ... for fiduciary disloyalty, fashioning a remedy by accounting for.
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73 What Happened in Delaware Corporate Law and Governance ...
https://scholarship.law.upenn.edu/cgi/viewcontent.cgi?article=1340&context=penn_law_review
But the law of corporate fiduciary duties and remedies for violation of those duties are distinct from the aspirational goals of ideal corporate governance prac ...
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74 "Minority shareholder oppression" under Texas law | Insights
https://www.dlapiper.com/en/us/insights/publications/2012/11/minority-shareholder-oppression-under-texas-law/
It can be brought by a minority shareholder in a Texas corporation to obtain an equitable remedy if the actions of those in control of a ...
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75 The Misguided Doctrine of Stockholder Fiduciary Duties
https://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=2342&context=hlr
have held that, because Subchapter XIV of the Delaware General ... The dissolution for oppression remedy does not necessarily impose.
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76 $1.26 billion damage award highlights gulf between Delaware and ...
https://www.lexology.com/library/detail.aspx?g=a598d107-70c3-4ffd-8a82-0f13c10aa104
In the recent Delaware decision of In Re Southern Peru Copper Corporation, ... The oppression remedy, among other things, gives the courts broad powers to ...
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77 Liquid Media Group Ltd.: Exhibit 2.d - Filed by newsfilecorp.com
https://www.sec.gov/Archives/edgar/data/884247/000106299320002354/exhibit2-d.htm
However, if a Delaware corporation is subject to the SEC's proxy rules, ... Alberta law provides an oppression remedy that allows a “complainant” who is: ...
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78 Untitled
https://www.oregonlegislature.gov/bills_laws/ors/ano060.html
Liability for debts of de facto corporation does not apply to make promoter ... In suit for oppressive conduct, court may consider equitable remedies as ...
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79 Intracorporate Disputes in the Close-But-Crowdfunded Firm
https://dc.law.mc.edu/cgi/viewcontent.cgi?article=1152&context=faculty-journals
some similar equity-style remedy premised on statutory authority.18 The ... corporations.31 Delaware courts have long rejected oppression doctrine in.
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80 Oppression of Shareholders, Good Faith and the Duty of Loyalty
https://www.bestlawyers.com/article/oppression-of-shareholders-good-faith-and-the-duty-of-loyalty/104
These statutes generally provide for some remedy short of dissolution, ... In Delaware, corporate officers owe fiduciary duties that are ...
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81 Minority Shareholder Protection - Saliterman & Siefferman
http://saliterman-law.com/wp-content/uploads/2012/12/benchbar-2012-09.pdf
.473, equitable remedies under Minn. Stat. §302A.467, and a common-law ... based shareholder oppression is ... benefits constitute de facto dividends.
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82 Court Defines “True Deadlock” - Farrell Fritz, P.C.
https://www.farrellfritz.com/rss-post/court-defines-true-deadlock/
Minority shareholder oppression and deadlock are the twin pillars of most business divorce litigation. Both are codified in the vast ...
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83 Rescuing the Oppressed - Articles - Tennessee Bar Association
https://www.tba.org/?pg=Articles&blAction=showEntry&blogEntry=16518
Many minority shareholders, believing dissolution to be the sole remedy, ... Chancery 2013) (where the Delaware court said that Delaware law does not ...
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84 Business Law Blog - Lawson Lundell LLP
https://www.lawsonlundell.com/the-business-law-blog/the-momentum-of-purpose-and-fiduciary-duty-in-Canada
... the fiduciary duty with certain elements of Delaware corporate law, ... Briefly, under the CBCA the oppression remedy is an equitable ...
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85 2021 ABA Spring Meeting Summary of Delaware Case Law
https://www.morrisnichols.com/assets/htmldocuments/BylinedArticles/2021_ABASpringMeetingSummaryofDelawareCaseLaw.pdf
His employment agreement chose Delaware as the governing law but did ... court did not address remedies for Teller's failure to replicate ...
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86 Shareholder Disputes: What is the Appropriate Standard of ...
https://www.stout.com/en/insights/article/shareholder-disputes-what-appropriate-standard-value
These statutes allow minority shareholders who have been “oppressed” to file for judicial dissolution of a corporation and cover acts by ...
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87 Minority Shareholder Remedies Under Wisconsin Law
https://www.wisbar.org/NewsPublications/WisconsinLawyer/Pages/Article.aspx?Volume=83&Issue=5&ArticleID=1979
An allegation of oppression is not a claim for relief per se but instead is a legal standard to be fulfilled. While oppression is not defined in the corporation ...
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88 Valuation of Minority Shareholder Interests In Oppression ...
https://www.litigationandtrial.com/2012/05/articles/business-lawsuits/fair-value-minority-shareholder-interest/
Super. 177, 186, 555 A.2d 129, 134 (1989). In the past the Pennsylvania Superior Court has expressly looked first to the Delaware Supreme Court ...
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89 CBCA Oppression Remedy Extends To Non-CBCA Affiliate
https://www.mondaq.com/canada/corporate-and-company-law/65588/cbca-oppression-remedy-extends-to-non-cbca-affiliate
In Manufacturers Life Insurance Company v. AFG Industries Ltd., one of the defendants, a Delaware corporation (USCo) sought an order striking ...
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90 Appraisal and the Model Act
https://scholarship.law.georgetown.edu/cgi/viewcontent.cgi?article=1137&context=fwps_papers
statute. B. The Rise of Appraisal in a Cash Out Merger Setting as a Remedy for Majority. Conflict and Oppression of Minority Shareholders.
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91 minority shares under the louisiana business corporation act
https://law.loyno.edu/sites/law.loyno.edu/files/file_attach/Wolfe%20final%20.pdf
imposed de novo by charter amendment on all shares of a single ... The unique shareholder oppression remedy enacted by the BCA was.
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92 O'Neal and Thompson's Oppression of Min... | Legal Solutions
https://store.legal.thomsonreuters.com/law-products/Treatises/ONeal-and-Thompsons-Oppression-of-Minority-Shareholders-and-LLC-Members-Rev-2d/p/100027755
Buy O'Neal and Thompson's Oppression of Minority Shareholders and LLC Members, ... steps to protect minority shareholder interests using remedies, tactics, ...
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93 Directors' Duties in Canada: Six Key Concepts | Stikeman Elliott
https://www.stikeman.com/en-ca/kh/canadian-ma-law/directors-duties-in-canada-six-key-concepts
The oppression remedy, found in s. 241 of the CBCA, frequently serves as a basis of litigation by dissatisfied corporate stakeholders.
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94 Addressing the Tension between Directors' Duties and ...
https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?article=1035&context=ohlj
the recent decisions of the Delaware Chancery Court in In re Southern Peru ... oppression remedy, presumably because, among other things, it imposes the ...
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95 The Direct-Derivative Distinction, the Special Litigation ...
https://open.mitchellhamline.edu/cgi/viewcontent.cgi?article=1526&context=facsch
ditional focus on cases decided by Delaware courts. ... tions, the oppression remedy has become the principal litigation recourse for. 58. UNIF.
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96 Taylor v. LSI Logic Corp., 715 A.2d 837 - Casetext
https://casetext.com/case/taylor-v-lsi-logic-corp
In November 1994, Logic-Delaware, which owned 55% of LSI Canada's common stock, ... Because the oppression remedy in Section 241 is purely a ...
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97 Minority Shareholder Oppression: Rights and Remedies
https://emclaytonlaw.com/2016/01/minority-shareholder-oppression-rights-and-remedies/
Under the law of Pennsylvania (and many other states), “oppressive actions refer to conduct that substantially defeats the 'reasonable ...
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