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Business Judgment Rule NV Supreme Court

Allen Matkins

Nevada Supreme Court: Inherent Fairness Standard Cannot Be Used To Rebut The Business Judgment Rule

Allen Matkins on

Nevada has codified the business judgment rule as follows: "directors and officers, in deciding upon matters of business, are presumed to act in good faith, on an informed basis and with a view to the interests of the...more

Allen Matkins

We Now Know That "Knowing" Requires Knowledge

Allen Matkins on

Last month, I wrote about the Nevada Supreme Court's holding that a plaintiff must prove more than gross negligence to hold a director liable for breach of fiduciary duty.  Chur v. Eighth Jud. Dist. Ct., 136 Nev. Adv. Op. 7...more

Ballard Spahr LLP

Nevada Narrows Director and Officer Liability for Alleged Duty-of-Care Violations

Ballard Spahr LLP on

A Nevada Supreme Court ruling last week further narrows the scope of Nevada officer and director liability for violations of their duty of care....more

Allen Matkins

Nevada Supreme Court: Gross Negligence Is Insufficient For Director Breach of Fiduciary Claims

Allen Matkins on

NRS 78.138(7)(b) provides that, with certain specific statutory exceptions, a director or officer of Nevada corporation is not individually liable to the corporation or its stockholders or creditors for any damages as a...more

Allen Matkins

Does California Side With Delaware Or New York On Special Litigation Committee Reviews?

Allen Matkins on

As discussed in the two preceding posts, Nevada’s Supreme Court last week decided to adopt New York’s standard of review of special litigation committee recommendations to dismiss stockholder derivative suits. In re Dish...more

Allen Matkins

Nevada Favors New York Over Delaware Precedent For SLC Review

Allen Matkins on

Nevada law endows a board of directors “full control over the affairs of the corporation”. NRS 78.120(1). This control is subject only to such limitations as may be provided by NRS chapter 7, or the articles of...more

Allen Matkins

Does Assertion Of Business Judgment Rule Waive Attorney-Client Privilege?

Allen Matkins on

Nevada, like California, has codified the attorney-client privilege...more

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