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Chancery Court again Refuses Preliminary Dismissal due to Well-Pled Allegations that Sale Process Orchestrated by Target Company Fiduciary Failed to Satisfy Revlon Standards
Get PDFThe Words Mean What They Say: Chancery Court Adheres to Plain Meaning of Typical Contract Terms
Get PDFFailure to Satisfy Four Prongs of MFW Framework Dooms Pleading-Stage Dismissal of Claims Arising from Controlling Stockholder-Led Redemption of Minority Shares
Get PDFChancery Court Employs Context-Driven Analysis in Adopting Nuanced Interpretations of DGCL Provisions
Get PDFMFW Framework Requires Majority-of-Minority Stockholder Approval Even When Controller Structures Transaction to Avoid Statutory Stockholder Vote
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Handling Aggravating Facts after BLAKELY: Findings from Five Presumptive Guidelines States
Get PDFThis Article reveals how five states with presumptive (binding) sentencing guidelines have implemented the right announced in Blakely v. Washington to a jury finding of aggravating facts allowing upward departures from the presumptive range. Using data provided by the sentencing commissions and courts in Kansas, Minnesota, North Carolina, Oregon, and Washington, as well as information from more than 2,200 docket sheets, the study discloses how upward departures are used in plea bargaining, sometimes undercutting policy goals; how often aggravating facts are tried and by whom; common types of aggravating facts; and the remarkably different, sometimes controversial interpretations of Blakely and Alleyne v. United States that frame each state\u27s practice. This new information is essential for any evaluation of presumptive-sentencing guidelines systems or the appropriate scope of the doctrine established in Apprendi v. New Jersey
The Nonfiduciary Trust
Get PDFThis article identifies and details the emergence in an increasing number of states of a new trust law that rejects the fundamental tenets of traditional trust law. This alternative concept of the trust liberates the trustee from any meaningful accountability to the beneficiary, the very core concept of traditional trust law. In short, these states are enabling the creation of what might be described as a nonfiduciary trust
Leave in the Time of Covid: Examining Paid Sick Leave Laws
Get PDFIn the wake of the COVID-19 pandemic, Congress (as well as several states\u27) passed emergency paid sick leave legislation? The federal legislation, known as the Families First Coronavirus Response Act (FFCRA), guaranteed most workers the right to eighty hours of sick leave at full pay while the employee was in COVID-19-related quarantine, plus an additional eighty hours of sick leave at two-thirds pay to care for another person in quarantine.\u27 Congress felt compelled to pass such legislation because the United States infamously lags behind all other developed countries in guaranteeing paid health-related leave for workers. Of the top twenty-two highest earning countries, the United States is the only country that does not provide paid leave for cancer treatment.\u27 The United States is one of three countries that does not provide paid sick leave for an influenza diagnosis. Moreover, the United States is the only OECD country that does not provide any form of paid parental leave after the birth of a child.\u27
Instead, the protections for U.S. workers who require short or long-term health-related leave are quite thin. The federal Family and Medical Leave Act (FMLA) only guarantees the right to twelve weeks of unpaid leave for serious health conditions.\u27 Furthermore, it solely applies to workers who have worked for at least one year and average at least thirty hours per week for an employer with fifty or more employees. Six U.S. states and territories-New York, New Jersey, Rhode Island, Hawaii, California, and Puerto Rico-also mandate short-term disability insurance for workers with serious health conditions. Additionally, the federal Americans with Disabilities Act (ADA) may provide some access to temporary leave through its reasonable accommodation guarantee, but such access is limited to workers who are substantially limited in a major life activity. Thus, in the absence of the FFCRA, only select U.S. workers with severe cases of COVID-19 would have ever possessed any legal right to paid leave upon contraction of or exposure to the virus