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Implied Covenants Delaware Limited Liability Company Act

Whitman Legal Solutions, LLC

The Impeachment March and Implied Covenant of Good Faith and Fair Dealing

Being in the Washington, DC Metro area, I hear a lot about politics. On the same day that the Washington Post ran an article about the “impeachment march,” the ritual of taking articles of impeachment from the House to the...more

Fox Rothschild LLP

Implied Covenant Of Good Faith And Fair Dealing Claim Dismissed By Chancery

Fox Rothschild LLP on

The implied covenant of good faith and fair dealing was recently addressed by Vice Chancellor Glasscock in the decision of Miller v. HCP & Co., C.A. No. 2017-0291-SG (Del. Ch. Feb. 1, 2018). The implied covenant applies only...more

Morris James LLP

Guidance Provided to Evaluate the Implied Covenant of Good Faith and Fair Dealing

Morris James LLP on

The Delaware Limited Liability Company Act’s policy is to give the maximum effect to the principle of freedom of contract in LLC operating agreements. While the act permits parties to eliminate fiduciary duties that members...more

Cadwalader, Wickersham & Taft LLP

Contracting Party Beware: The Implied Covenant Will Not Save You From Your Agreement If You Negotiated Away Your Rights

On February 1, 2018, the Delaware Court of Chancery granted defendants’ motion to dismiss an action brought by minority unitholders of Trumpet Search, LLC (“Trumpet” or the “Company”). The defendants were other unitholders...more

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