Contact the author:
Matthew H. McKinney, Esq.
BrownWinick Law Firm
Ruan Center, Suite 2000
Des Moines, IA 50309
- RT @fpileggi: Delaware judge orders Wal-Mart to give shareholders more info related to bribery allegations zite.to/175N01X via @zite 8 hours ago
- RT @ProfBainbridge: Useful Delaware Caremark/Derivative suit opinion bit.ly/121RWDa 8 hours ago
- RT @fpileggi: Can You Resign from the Board of a Troubled Company? clsbluesky.law.columbia.edu/2013/05/23/can… 8 hours ago
- New Blog Post: Iowa Law Protects LLC's Owners From Personal Liability wp.me/pJTsp-dH 4 days ago
- New Post: Iowa Law Changes Ability to Recover Attorney Fees in Derivative Litigation wp.me/pJTsp-d2 #iowalaw #corporatedispute 1 week ago
Author Archives: Matthew McKinney
I’ve previously written in a general fashion on the topic of advancement of legal expenses here, but the Delaware Court of Chancery’s most recent opinion, in addition to being a unique read, provides additional insight and information on the topic for … Continue reading
Work computers, IT systems, company policies, and their effect on otherwise privileged communications. Communications between a client and his/her attorney(s) are generally protected by the well-recognized attorney-client privilege. Importantly, however, the attorney-client privilege, along with other recognized privileges, are only … Continue reading
The “digital age” is not only redefining how business gets done, it is fundamentally altering the litigation landscape. In today’s digital world, electronically stored information (“ESI”) often captures the fundamental facts and proof needed to prosecute and defend claims asserted … Continue reading
Difficult economic times frequently generate unanticipated questions and challenges for a corporation and its creditors. One unanticipated question may include if or when fiduciary duties should be extended to a corporation’s creditors. While it is well-recognized that officers and directors … Continue reading
Don’t Like Where Management is Taking Your Business? Want Out? Dissent and Get Paid Fair Value For Your Stock.
Arizona law, as well as laws in many other jurisdictions, provide unique opportunities for shareholders to dissent (object, oppose, etc…) and get paid fair value for their stock when the corporation decides to take certain action(s). The law creating this … Continue reading
5 Things You Should Consider Before Filing a Complaint Involving a Business.
A possible new pre-requisite to filing a derivative complaint – conducting a books and records inspection If you are considering filing a derivative claim (an action on behalf of the business that is usually against management) consider conducting a records … Continue reading
The Business Judgment Rule – a rule all business owners / shareholders should consider before challenging decisions made by a business’ management. Generally speaking, decisions made by a business’ management (officers / directors; member / managers) are protected from outside … Continue reading
Protecting confidential and non-public information In the criminal world you may have a right to remain silent, but if you are a director in a corporation you have a duty to remain silent. As outlined here, directors of a corporation … Continue reading
The short answer is, it depends. In Arizona, at the time of writing this post, fiduciary duties are not implied as a matter of law between members and/or managers and the LLC. However, fiduciary duties may nonetheless exist if the … Continue reading