The Plaintiff in Camacho v. McCallum, 2016 NCBC 79 has to head to Delaware to litigate her claims for inspection of the records of the LLC of which she is a member, and also to seek dissolution of the LLC.Why, even though Plaintiff is a North Carolina resident and the Defendant LLC has business operations in North Carolina? Because the LLC in question was a Delaware LLC. Judge Robinson ruled that:The Delaware Code grants exclusive jurisdictionover inspection claims to the Delaware Court of Chancery. Op. ¶24. (It says that in Section 18-305 of the Delaware Code).The Delaware Court of Chancery also has exclusive subject matter jurisdiction over claims to dissolve a Delaware corporation. Op. ¶29.The Delaware Legislature has tried to stake out exclusive jurisdiction for its Court of Chancery in other areas. Here's an example: Section 145(k) of the Delaware General Corporation Law says, regarding … [Read more...] about Member Of Delaware LLC? Don’t Bring Claims To Inspect Books And Records, Or For Dissolution, In North Carolina’s Courts
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Payback: Lawyers on Both Sides of Collection are Feeling Debt’s Sting
Adam Krohn sues debt collectors for unfair practices, but he found himself in a role reversal last year when calling a fellow California lawyer who owed him money on a judgment.“He told me, ‘Come get it. I want you to know what it’s like to try to collect a debt,’ ” recalls Krohn. So he had a writ of execution served on Scott Carruthers, who Krohn says picked up another $90 in costs for the pleasure of teasing his adversary before paying up on a consumer’s Fair Debt Collection Practices Act claim.Carruthers did not respond to interview requests.Their tangle, ongoing with new cases in which Krohn says Carruthers is avoiding service altogether, offers a humorous glimpse into a decidedly unfunny area of the law: debt collection.With the nation so awash in debt—the Federal Reserve pegs “consumer credit outstanding” at more than $2.4 trillion—getting payment from those who owe money has become a huge business. And a big mess, with … [Read more...] about Payback: Lawyers on Both Sides of Collection are Feeling Debt’s Sting
Why AT&T shareholders ought to be worried
Megan McArdle, The Washington Post Published 6:00 am, Thursday, June 14, 2018 A vertical merger is not, as you might suspect, one with an extra-tall stack of paperwork, but an acquisition in which a company buys a supplier or distributor rather than a competitor. Vertical mergers don't reduce competition the way "horizontal" mergers between competitors do; indeed, it theoretically benefits consumers by reducing costs and streamlining production. Which is why the government has focused its antitrust enforcement on the horizontal variety, and has left vertical unions alone. Of course, there are people who think the government should block vertical mergers. These critics don't look at how much power the combined entity will wield over specific markets for goods and services; they view the size of the new firm as a problem even if it has a relatively small market share for any individual product. The critics especially worry about megadeals - such as a telecom giant buying a … [Read more...] about Why AT&T shareholders ought to be worried
Conservatives Want to Bypass Usual Way to Amend Constitution
Whatever success Republicans have amassed in taking control of all three branches of U.S. government, and whatever fate awaits them as midterm elections near, some on the right are working to cement change by amending the Constitution. And to the mounting alarm of others on all parts of the spectrum, they want to bypass the usual process. They're pushing for an unprecedented Constitutional convention of the states. While opponents are afraid of what such a convention would do, supporters say it is the only way to deal with the federal government's overreach and ineptitude. "They literally see this as the survival of the nation," said Karla Jones, director of the federalism task force at the conservative American Legislative Exchange Council, which represents state lawmakers and offers guidance and model legislation for states to call a convention under the Constitution's Article V. Among the most frequently cited changes being sought: amendments enforcing a balanced federal budget, … [Read more...] about Conservatives Want to Bypass Usual Way to Amend Constitution