Contact the author:
Matthew H. McKinney, Esq.
BrownWinick Law Firm
Ruan Center, Suite 2000
Des Moines, IA 50309
mckinney@brownwinick.com
Direct: 515.242.2468Site Search
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Tag Archives: Iowa litigation
Does the Lack of a Succession Plan Constitute a Breach of Fiduciary Duty?
On June 21, 2012, in response to Plaintiff alleging HP’s Board of Directors breached their fiduciary duties to the company and its shareholders by failing to implement a succession plan, the Delaware Court of Chancery explained that it is “not … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Manager, Member, New Law, Officer, Partners, Partnership, Shareholder
Tagged Board of directors, Breach of Fiduciary Duties, Derivative Claim, Derivative Litigation, director liability, Intra-corporate dispute, Iowa Business Law, Iowa Corporate Law, Iowa Directors, Iowa Intra-corporate disputes, Iowa litigation, Succession Plan
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Personal Liability Protections Afforded to Directors of Iowa Corporations
Iowa law enables Iowa corporations to extend important personal liability protections to their directors. Specifically, Iowa Code Section 490.202(2)(d) permits corporations to protect directors from personal liability for the directors’ actions and/or omission taken in their capacity as board members.
Posted in Business Owner, Director, Intra-corporate dispute, Litigation
Tagged Board of directors, Board of Directors Protections, director liability, director personal liability, eliminate director liability, Iowa Corporate Law, Iowa Corporate Litigation, Iowa litigation, Iowa Personal Liability, Limit director liability, protection for board members
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Advancement of Legal Expenses – A Detailed Procedure For How Your Company May be Required to Pay (Advance) Your Legal Expenses
If you are a director, officer, member, manager, or even an employee in a business, and you find yourself in a legal dispute (formal litigation or otherwise), the business may be required to pay (advance) your legal expenses as they … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Manager, Member, Officer
Tagged Advancement, Advancement of legal expenses, Attorney Fees, director liability, directors officers shareholders legal expenses corporation company, Intra-corporate dispute, Iowa litigation, Litigation Expenses, Manager Liability, Member Liability, officer liability, Reimburse Attorney Fees and Costs
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Are Fiduciary Duties a “Default Rule” in LLCs?
In an incredibly detailed, 75 page opinion, the Delaware Court of Chancery confirmed that, at least in Delaware, “Default Fiduciary Duties Do Exist In The LLC Context.” The full opinion, Auriga Capital Corp. v. Gatz Properties LLC, C.A. No. 4390-CS … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Manager, Officer, Partners, Shareholder
Tagged Arizona Business Law, Arizona Intra-corporate dispute, Breach of Fiduciary Duties, Fiduciary Duties, Fiduciary Duties in a Business, Fiduciary Duties in an LLC, Fiduciary Duties in Arizona, Iowa Business Law, Iowa Corporate Law, Iowa Intra-corporate disputes, Iowa Law, Iowa Law for LLCs, Iowa litigation
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10 Characteristics of Shareholder Oppression in an Iowa Business – The Iowa Court of Appeals Explains
In Heidecker Farms, Inc. v. Heidecker, the Iowa Court of Appeals identified several different actions / inactions that may arise to shareholder oppression in Iowa. The court began by explaining shareholder oppression generally, stating: “Oppressive conduct ‘is an … Continue reading
Posted in Business Owner, Director, Intra-corporate dispute, Litigation, Officer, Partners, Partnership
Tagged Corporate Freeze-out, Iowa Business Owner, Iowa Corporate Law, Iowa lawsuit, Iowa litigation, Iowa Shareholder, Majority Shareholder, Minority Shareholder, Shareholder Litigation, Shareholder Oppression, Shareholder Questions, Shareholder Relief, Shareholder Rights
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