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Delaware Corporate and Commercial…

Delaware Corporate and Commercial Litigation Blog

Offers Delaware Chancery Court and Supreme Court updates. By Francis G.X. Pileggi.

http://www.delawarelitigation.com/
  • Feb 25

    Chancery Rejects Request for Specific Performance of Oral Agreement

    Chancery Rejects Request for Specific Performance of Oral Agreement
    Pulieri v. Boardwalk Properties, LLC, C.A. No. 9886-CB (Del. Ch. Feb. 18, 2015). This Court of Chancery decision provides a primer on specific performance, unjust enrichment, laches and the rule against perpetuities, and also provides another…
  • Feb 23

    Standard for Motion for Clarification

    Standard for Motion for Clarification
    This short opinion in the ongoing matter of Gore v. Al Jazeera America Holdings I, Inc., C.A. No. 10040-VCG, is notable for its recitation of the standard governing a motion for clarification pursuant to Court of Chancery Rule 59(f).  In…
  • Feb 21

    Leading Plaintiff in Deal Litigation

    Leading Plaintiff in Deal Litigation
    Readers of these pages are aware that over 90% of major deals are the subject of litigation challenging various aspects of mergers. Tom Hals of Reuters provides an insightful article about a plaintiff who often appears in many such…
Rank this Week: 162

Delaware Business Litigation…

Delaware Business Litigation Report

Offers case summaries of Delaware court decisions in business-related litigation. By Morris James.

http://www.delawarebusinesslitigation.com/
  • Mar 2

    Master Denies Limits On Trading Following Inspection

    Master Denies Limits On Trading Following Inspection
    Southpaw Credit Opportunity Master Fund LP v. Advanced Battery Technologies Inc,. C.A. 9542-ML (February 26, 2015) A Master holds that the Court should not impose trading restrictions after a books and records inspection but should impose a…
  • Mar 2

    Court Of Chancery Upholds Arbitration Clause In LLC Agreement After Conversion

    Court Of Chancery Upholds Arbitration Clause In LLC Agreement After Conversion
    3850 & 3860 Colonial Blvd LLC v. Griffin, C.A. 9575-VCN (February 26, 2015) This is an interesting decision because it deals with whether an LLC agreement requiring arbitration may be enforced even after the LLC was converted into a…
  • Mar 2

    Court Of Chancery Limits Drag-Along Right

    Court Of Chancery Limits Drag-Along Right
    Halpin v. Riverstone National Inc., C.A. 9796-VCG (February 26, 2015) Whether drag-along rights can preclude an appraisal action for common stock has not been decided in Delaware.  Here, because the merger was completed before the…
Rank this Week: 1046

The Employer Handbook

The Employer Handbook

Covers labor and employment law of PA, NJ and DE businesses. By Eric B. Meyer.

http://www.theemployerhandbook.com/
  • Mar 2

    Let’s talk about pregnant-stripper bias. And BFOQs too. Mostly, BFOQs.

    Let’s talk about pregnant-stripper bias. And BFOQs too. Mostly, BFOQs.
    I know what some of you are thinking, “Seems more like a Tuesday topic to me.” To you folks I say, “Get the hell out of here! YOU’RE NUTS!!!” Ok, you’re right, let’s start over. One of the exotic…
  • Feb 27

    Ditch those inflexible leave policies, would you already? #FMLA #ADA #EEOC

    Ditch those inflexible leave policies, would you already? #FMLA #ADA #EEOC
    Yesterday, with my good buddies Casey Sipe and Jessica Miller-Merrell from Blogging4Jobs.com, I presented a webinar on the interplay between the Family and Medical Leave Act, state workers’ compensation laws, and the Americans…
  • Feb 26

    When should you ask your job applicants about their religious beliefs?

    When should you ask your job applicants about their religious beliefs?
    Yesterday, the Supreme Court heard oral argument in EEOC v. Abercrombie & Fitch Stores, Inc. In Abercrombie, the company did not hire a woman who wore a headscarf at her interview, because she did not conform to the…
Rank this Week: 988

Delaware IP Law Blog

Delaware IP Law Blog

Covers case analysis and commentary on intellectual property law. Published by Young Conaway Stargatt & Taylor, LLP.

http://www.delawareiplaw.com/
  • Jun 18

    Judge Andrews Construes Terms of Logic Circuit Patent

    Judge Andrews Construes Terms of Logic Circuit Patent
    Judge Andrews has issued his memorandum opinion construing disputed terms of four patents related to logic and memory circuits for integration into high density integrated circuit chips. In 2011, the plaintiffs, HSM Portfolio and Technology…
  • Jun 18

    Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure

    Judge Stark Issues New Patent Scheduling Order and other Case Management Procedure
    On Wednesday, June 18, Judge Leonard P. Stark published a new form scheduling order on the District of Delaware web site for non-ANDA patent cases, as well as a new form pre-trial order for patent cases, a new set of...
  • Jun 16

    Judge Andrews grants motion to dismiss inequitable conduct claim

    Judge Andrews grants motion to dismiss inequitable conduct claim
    Judge Richard G. Andrews recently granted plaintiff St. Jude's motion to dismiss defendant Volcano Corp.'s inequitable conduct counterclaim and affirmative defense. St. Jude Medical v. Volcano Corp., C.A. No. 12-441-RGA (D. Del. June 11,…
Rank this Week: 1093

Delaware Employment Law Blog

Delaware Employment Law Blog

Covers national headline employment law news and updates. By Young Conaway Stargatt & Taylor, LLP.

http://www.delawareemploymentlawblog.com/
  • Mar 2

    Marriage Equality and the FMLA

    Marriage Equality and the FMLA
    The Supreme Court’s 2013 ruling in United States v. Windsor created a lot of uncertainty in the area of federal employment benefits. Because the federal government’s definition of marriage as being between one man and one woman…
  • Jan 12

    Lawsuits, Discovery, and the Right to Privacy In the Context of Social Media

    Lawsuits, Discovery, and the Right to Privacy In the Context of Social Media
    A party’s “right to privacy” in the context of social media is the subject for numerous motions in civil litigation.  The scenario goes like this:  Plaintiff sues defendant, alleging injuries.  Defendants…
  • Dec 4

    Facebook Threats Constitute Legitimate Grounds for Termination

    Facebook Threats Constitute Legitimate Grounds for Termination
    Earlier this week, I wrote about the issue of threats made via Facebook constitute constitutionally protected speech.  Today’s post also is about threats made via Facebook but in the context of the workplace.  The case,…
Rank this Week: 1690

Real Property & Environmental Law…

Real Property & Environmental Law Alert

Covers transactional real estate, development/redevelopment, and environmental law. By Gibbons.

http://www.rpelawalert.com/
  • Feb 19

    Howard Geneslaw and Jason Tuvel to Speak at the 2015 Land Use Update

    Howard Geneslaw and Jason Tuvel to Speak at the 2015 Land Use Update
    Howard D. Geneslaw, a Director in the firm’s Real Property & Environmental Department and Secretary of the Land Use Section of the New Jersey State Bar Association, will be participating, as both a moderator and speaker, at the…
  • Feb 3

    Governor Cuomo Proposes Major Changes to State Brownfield Cleanup Program

    Governor Cuomo Proposes Major Changes to State Brownfield Cleanup Program
    In his budget proposal unveiled on January 21, Governor Andrew Cuomo included recommendations that would significantly change the New York State Brownfield Cleanup Program… Continue Reading
  • Jan 26

    5th Circuit Rules that Sale of Chemical is Not Disposal

    5th Circuit Rules that Sale of Chemical is Not Disposal
    On January 14, the U.S. Court of Appeals for the 5th Circuit ruled that the sale of a useful chemical did not make the seller an "arranger for disposal" under Superfund, even where seller knew that some of that chemical would be spilled…
Rank this Week: 1330

The Art of Finding a Way Out

The Art of Finding a Way Out

Covers business bankruptcy, insolvency and restructuring. By Brad Sandler.

http://www.absolutepriorityblog.com/
  • Nov 21

    Cool Bankruptcy image

    Cool Bankruptcy image
    Check out these bankruptcy images:
  • Nov 9

    Domestic abuse is a costly problem for businesse

    Domestic abuse is a costly problem for businesse
    Domestic abuse is a costly problem for businesses Claudia, a hairdresser at the salon I frequent, impressed me as a woman who had her life together. She was also a caring mother of two children. Therefore I was shocked to learn that Claudia's…
  • Nov 7

    Cool Business image

    Cool Business image
    A few nice business images I found:
Rank this Week: 1771

Delaware Chancery Law Blog

Delaware Chancery Law Blog

Covers corporate and commercial practice in the Delaware Court of Chancery. By Fox Rothschild LLP.

http://delawarechancery.foxrothschild.com/
  • Feb 28

    Delaware Mulling New Chancery Arbitration Proce

    Delaware Mulling New Chancery Arbitration Proce
    As reported here in March of 2014, the U.S. Supreme Court declined to grant certiorari of the Delaware Court of Chancery’s appeal of the Third Circuit’s ruling in Delaware Coalition for Open Government v.…
  • Feb 28

    Rural/Metro Stockholders Litigation: Impact Upon DE Uniform Contribution Among Tortfeasors Act

    Rural/Metro Stockholders Litigation: Impact Upon DE Uniform Contribution Among Tortfeasors Act
    In a case of first impression, Vice Chancellor Laster issued an opinion in October 2014 holding that the Delaware Uniform Contribution Among Tortfeasors Act (“DUCATA”) did not bar RBC Capital Markets LLC from collecting a…
  • Feb 28

    Expert Witness Must Be a “Biological Person”

    Expert Witness Must Be a “Biological Person”
    In appraisal actions, expert witnesses are often retained by parties and serve very important roles in the determination of the value of a company’s shares.  We recently highlighted a decision involving a “battle of the…
Rank this Week: 2097

Delaware Criminal Lawyer Blog

Delaware Criminal Lawyer Blog

By The Law Office of Michael Abram.

http://www.delawarecriminallawyerblog.com/
  • Nov 5

    Committing an Imaginary Crime

    Committing an Imaginary Crime
    Recently Shane Kiser was arrested and charges with, among other things, attempted rape in the first degree. The investigation alleges that Mr. Kiser was attempting to solicit sex with a young boy over the internet. The interesting thing is…
  • Oct 21

    Arguing Firearm Possession at the Delaware Supreme Court

    Arguing Firearm Possession at the Delaware Supreme Court
    Yesterday I argued the case of State v. Eley at the Delaware Supreme Court. This appeal was the result of a trial that occurred early in 2009. The backstory of this case is essentially that Mr. Eley was residing in an apartment that he…
  • Sep 10

    Delaware Police Seizure

    Delaware Police Seizure
    A disturbing trend has emerged recently in Delaware of seizing cars and money at the time of a stop and possibly arrest. Police can, and do seize these items even though there may not be a clear link between the items seized and the crime…
Rank this Week: 2542

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Mar 2

    When is a home purchased prior to marriage considered marital property?

    When is a home purchased prior to marriage considered marital property?
    Can a home that is purchased prior to marriage and titled in the name of only one spouse ever be considered marital property? The short answer is yes. Delaware law presumes that property purchased prior to marriage is non-marital. See 13 Del.…
  • Feb 24

    Mediation in Family Court – Unique Rules For A Court Of Special Jurisdiction Part III

    Mediation in Family Court – Unique Rules For A Court Of Special Jurisdiction Part III
    Mediation, it is a process and concept with which most people are familiar. The Court rules define it as follows: Mediation is a process by which a mediator facilitates the parties in reaching a mutually acceptable resolution of a…
  • Feb 17

    The Kurt Busch Case Places a Spotlight on Petitions for Orders of Protection from Abuse

    The Kurt Busch Case Places a Spotlight on Petitions for Orders of Protection from Abuse
    A variety of headlines in the news today announced that the Delaware Family Court granted the Petition for Order of Protection from Abuse (“PFA”) filed against NASCAR driver Kurt Busch. The PFA Order, which has been published by…
Rank this Week: 2889

Delaware Environmental Law Blog

Delaware Environmental Law Blog

Comments on environmental law. By Young Conaway Stargatt & Taylor LLP.

http://www.delawareenvironmentallawblog.com/
  • Feb 26

    Confession of Judgment Non-Resident Affidavits: Pitfalls and Work-Around

    Confession of Judgment Non-Resident Affidavits: Pitfalls and Work-Around
    Delaware lenders and their attorneys are accustomed to seeing affidavits at commercial loan closings of borrowers and guarantors authorizing the entry of a judgment by confession, which state their contact with Delaware, and include the…
  • Feb 26

    Curse Those Seals, and Keeping an Eye on the Clock

    Curse Those Seals, and Keeping an Eye on the Clock
    A recent Delaware Court of Chancery case reminds us of the persistence of the mortgage seal problem in Delaware. Wells Fargo Bank, NA v. Strong, 2014 Del. Ch. LEXIS 230 (Nov. 19, 2014) is a foreclosure case that was pending for nearly ten…
  • Feb 26

    Contracts: Don't Say It If You Don't Bother to Do It

    Contracts: Don't Say It If You Don't Bother to Do It
    I have long held the opinion that many contract drafters make a big mistake by including too much language, when they would be better off leaving certain things unsaid. A recent example of this is the Delaware Chancery Court ruling in…
Rank this Week: 3662

Delaware Bankruptcy Litigation

Delaware Bankruptcy Litigation

Covers corporate bankruptcy proceedings. By Fox Rothschild LLP.

http://delawarebankruptcy.foxrothschild.com/
  • Feb 23

    Trump Wins Relief From Stay – No More Trump Casino in AC?

    Trump Wins Relief From Stay – No More Trump Casino in AC?
    In a 21 page opinion (the “Opinion”) released February 20, 2015, in the Trump Entertainment Resorts, Inc bankruptcy (Case No. 14-12103), Judge Gross, granted the motion of Trump AC Casino Marks, LLC (“Trump AC”) to…
  • Feb 23

    What are the landlord’s rights when the debtor-tenant decides to assume the lease?

    What are the landlord’s rights when the debtor-tenant decides to assume the lease?
    Assumption of the lease is permissible even if the terms of the lease expressly prohibit assumption.  Section 365 of the Bankruptcy Code requires a debtor-tenant to meet certain criteria in order to “assume” a lease. …
  • Feb 18

    Altegrity Formation Meeting and Section 341 Meeting of Creditors Scheduled

    Altegrity Formation Meeting and Section 341 Meeting of Creditors Scheduled
    In the Altegrity, Inc. bankruptcy proceeding, a formation meeting has been scheduled for Tuesday, February 24, 2015 at 10:30 a.m. (ET) at the Doubletree Hotel, 700 N. King Street, Wilmington, DE 19801.  Click here for a copy of the…
Rank this Week: 2929

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

Covers intellectual property and antitrust litigation. By Fox Rothschild LLP.

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 2910

Delaware Immigration Lawyer Blog

Delaware Immigration Lawyer Blog

Discusses immigration issues, news and legal developments. By Xiaojuan "Carrie" Huang.

http://www.deimmigration.com
  • Nov 21

    President Obama Executive Action on Immigration

    President Obama Executive Action on Immigration
    On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal…
  • Nov 20

    AILA’s 8 Points on the President’s Immigration Accountability Executive Action

    AILA’s 8 Points on the President’s Immigration Accountability Executive Action
    Based on a briefing today at the White House, the following elements are expected to be part of the Administration’s announcement on immigration executive actions, also known as the President’s Immigration Accountability Executive…
  • Nov 20

    AILA’s 8 Points on the President’s Immigration Accountability Executive Action

    AILA’s 8 Points on the President’s Immigration Accountability Executive Action
    Based on a briefing today at the White House, the following elements are expected to be part of the Administration’s announcement on immigration executive actions, also known as the President’s Immigration Accountability Executive…
Rank this Week: 4059

Delaware Non-Compete Law Blog

Delaware Non-Compete Law Blog

By Young Conaway Stargatt & Taylor, LLP.

http://www.delawarenoncompetelawblog.com/
  • Aug 6

    Drafting Enforceable Non-solicitation Agreement

    Drafting Enforceable Non-solicitation Agreement
    Significant time, money and resources often goes into developing client relationships. To protect these relationships, more companies are requiring managers and other employees who have significant contact with clients to sign…
  • Feb 4

    Noncompetition Agreements in Business Transaction

    Noncompetition Agreements in Business Transaction
    Unlike the employer-employee situation, a business merger or acquisition is likely to involve the sale of assets which includes the goodwill of the business. Noncompetition agreements entered into as part of a sale of a business are designed…
  • Jan 29

    Survey of Chancery Court Cases Shows Most Litigants Obtain Expedited Relief

    Survey of Chancery Court Cases Shows Most Litigants Obtain Expedited Relief
    A recent survey conducted by several of my colleagues demonstrates the speed in which litigants can obtain preliminary relief from the Court of Chancery. The survey included a sampling and analysis of approximately 200 cases between 2009 and…
Rank this Week: 4990

Delaware Law Office

Delaware Law Office

News, facts, and opinions, and current legal events in Delaware. By Larry D. Sullivan.

http://delawoffice.blogspot.com/
  • Jun 15

    Tomorrow ( June

    Tomorrow ( June
    Tomorrow ( June 16 ) is the Blues Festival in Saint Georges! It's for a great charity, CSO, inc, which is preparing to support the region in disaster relief and recovery efforts! It is being put on for us by Blue Horizon PromotionsIt is…
  • Apr 4

    How FBAR Affects Business with Foreign Bank Tie

    How FBAR Affects Business with Foreign Bank Tie
    In 1970 the U.S. government passed the Bank Secrecy Act, aimed at discovering financial accounts and transactions that U.S. taxpayers held in foreign banks. Specifically, to ensure proper taxes were being paid on any income. The original goal…
  • May 4

    The Sad State of Dispute Resolution- Why Can't We Just All Get Along?

    The Sad State of Dispute Resolution- Why Can't We Just All Get Along?
    Where is the best venue for dispute resolution?I guess that one way of looking at it depends on where you stand in the dispute. Your every day average Joe figures to have their best shot in a courtroom, possibly with a sympathetic jury.…
Rank this Week: 3136

Green Building Law Brief

Green Building Law Brief

Covers green building and sustainability issues from a legal perspective. Edited by Will Pearce.

http://greenbuildinglawbrief.blogspot.com/
  • Apr 1

    Whiteford,Taylor & Preston Receives the President's Award from USGBC Maryland

    Whiteford,Taylor & Preston Receives the President's Award from USGBC Maryland
    On January 27, Whiteford, Taylor & Preston proudly accepted the President's Award from the USGBC-MD. WINTERGREEN, The Maryland Chapter of the U.S.
  • Apr 1

    Maryland Legislature Poised to Extend Option of "Benefit" Status to LLC

    Maryland Legislature Poised to Extend Option of "Benefit" Status to LLC
    Maryland limited liability companies that pride themselves on their commitment to environmental and social responsibility soon may be able to obtain legal recognition, separate from their less magnanimous competitors. If passed, Senate Bill…
  • Jun 30

    USGBC-Maryland's New Headquarter

    USGBC-Maryland's New Headquarter
    The USGBC Maryland Chapter will showcase its new Hunt Valley headquarters tomorrow, July 1, at 5:30 pm with a “See the Green Building Tour.”  For more information on the event and to register, click here. The new office is in Schilling…
Rank this Week: 4937