Francis G.X. Pileggi (LexBlog Italy)
Chancery Determines Rightful LLC Manager and Awards Fees
A recent Delaware Court of Chancery opinion is notable for its post-trial analysis, based on a summary proceeding, of who the rightful manager of an LLC was. The court also shifted attorneys’ fees based on the bad faith exception. Ensing v. Ensing, C.A. No. 12591-VCS (Del. Ch. March 6, 2017) Background: The introduction to the opinion...
Efforts to Require Mediation for Lawsuits in Italy Met with Resistance
As reported recently on the Wall Street Journal Law Blog here, efforts to require mediation for lawsuits in Italy have met with resistance from a national union that represents lawyers.
Chancery Addresses Personal Jurisdiction over Companies Based in Italy
Reid v. Siniscalchi, et al., C.A. No. 2874-VCN (Del. Ch. Jan. 31, 2011). See summary of prior decision of the Delaware Supreme Court in this case here, before the remand which led to the instant opinion by the Court of Chancery. Issue: The broader issue was whether Court of Chancery Rule 12(b)(2) required dismissal due...
Infringement of US Mark in Italy
A judge in Los Angeles recently denied summary judgment to the American Academy of Motion Picture Arts and Sciences, in a suit against RAI, the Italian television network, and EchoStar, the satellite company that carries the station in the US, regarding their use of the famous Hollywood “Oscar” movie award name without permission, as reported here. It appears that the court...
This week I will be on a trade mission with a delegation from the State of Delaware in connection with the opening of a trade office in Italy to promote trade between the State of Delaware and businesses in Italy. I will be away most of the week of Sept. 24 and my schedule will...