While entity distinctness is a bedrock principle of corporate law, it may often appear redundant and unnecessary for a limited liability company (“LLC”) to sign its own operating agreement. That was likely the thinking of the...more
1/23/2025
/ Arbitration Agreements ,
Breach of Duty ,
Business Disputes ,
Business Entities ,
Business Litigation ,
Contract Terms ,
Derivative Suit ,
Fiduciary Duty ,
Limited Liability Company (LLC) ,
Managing Members ,
New York ,
Non-Signatories ,
Operating Agreements ,
Regulatory Requirements
Over two years ago, the United States Supreme Court divested the federal courts of jurisdiction over all but a few disputes concerning the confirmation or vacation of arbitration awards. Since then, the federal appellate...more
9/25/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Badgerow v Walters ,
Commercial Litigation ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal v State Law Application ,
Forum Selection ,
Judicial Review ,
Jurisdiction ,
SCOTUS ,
State Law Claims ,
Subject Matter Jurisdiction