UCLA Law School Professor Stephen Bainbridge recently critiqued the Nevada Supreme Court's decision to follow Auerbach v. Bennett, 419 N.Y.S.2d 920 (1979) rather than Delaware's Zapata Corp. v. Maldonado, 430 A.2d 779 (Del. 1981). He concludes:
Delaware Special Litigation Committee Review "Could Stand A Good Tweaking"
Posted on October 03, 2017
Review Of Special Litigation Committee Recommendations
Posted on September 19, 2017
Yesterday's post limned the Nevada Supreme Court's adoption of New York's Auerbach standard of review for special litigation committee recommendations. In re Dish Network Derivative Litigation, 133 Nev. Adv. Op. 61 (2017). The Supreme Court...
Nevada Favors New York Over Delaware Precedent For SLC Review
Posted on September 18, 2017
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 incorporation of the corporation. Id. ...