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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/
  • Dec 31

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim

    Court Of Chancery Explains Scienter Requirement In Insider Trading Claim
    Silverberg v. Gold, C.A. 7646-VCP (December 31, 2013) Under Delaware law, a so-called Brophy claim seeks to recover the profits made by trading on insider information. Showing that material insider information was available is not…
  • Dec 31

    Court Of Chancery Denies Advancement For Predecessor Liability

    Court Of Chancery Denies Advancement For Predecessor Liability
    Grace v. Ashbridge LLC, C.A. 8348-VCN (December 31, 2013) In general, a successor entity is not liable for its predecessor's obligations when there has been a fundamental change in the identity of the entity.  Here, the Court held…
  • Oct 30

    Court Of Chancery Denies Fee Request for Lack Of Causation

    Court Of Chancery Denies Fee Request for Lack Of Causation
    In re TPC Group Inc. Shareholders Litigation, C.A. 7865-VCN (October 29, 2014) This is the latest in a series of decisions dealing with the claims of plaintiff stockholders for an attorneys’ fee based on improved consideration received…
Rank this Week: 490

Delaware Bankruptcy Litigation

Delaware Bankruptcy Litigation

Covers corporate bankruptcy proceedings. By Fox Rothschild LLP.

http://delawarebankruptcy.foxrothschild.com/
  • Oct 30

    Trump Entertainment – A Debtor’s Rejection of a Bargaining Agreement

    Trump Entertainment – A Debtor’s Rejection of a Bargaining Agreement
    In a 28 page opinion released October 20, 2014 in the Trump Entertainment Resorts case (Bank. D. Del. 14-12103), Judge Kevin Gross of the Delaware Bankruptcy Court provided a thorough analysis of the ability of a debtor to reject a collective…
  • Oct 29

    Section 503(b)(9): “Receipt” of Goods Discussion

    Section 503(b)(9): “Receipt” of Goods Discussion
    Under Section 503(b)(9) of the Bankruptcy Code, creditors may receive administrative-expense priority for the value of goods “received” by the debtor within 20 days before the debtor’s bankruptcy filing in which the goods…
  • Oct 2

    Chapter 15 Sale of U.S. Assets of Foreign Debtor Must be Reviewed by U.S. Bankruptcy Court

    Chapter 15 Sale of U.S. Assets of Foreign Debtor Must be Reviewed by U.S. Bankruptcy Court
    In the decision of In re Fairfield Sentry Ltd., 2014 WL 4783370, *4-5 (2d Cir. Sept. 26, 2014), the U.S. Court of Appeals for the Second Circuit ruled that a U.S. Bankruptcy Court was required to review a foreign debtor’s sale of…
Rank this Week: 4933

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/
  • Oct 30

    Yes, what you say on Facebook can cost you a job offer

    Yes, what you say on Facebook can cost you a job offer
    Even the National Labor Relations Board agrees. Case in point, two people (Moore and Callaghan) who worked at a teen center during the 2011-2012 school year were sent re-hire letters for the 2012-2013 school year. After the school sent out…
  • Oct 29

    HR CHEATSHEET: When an employee texts you from an Ebola quarantine tent

    HR CHEATSHEET: When an employee texts you from an Ebola quarantine tent
    Five minutes ago, after taking the obligatory selfies and between games of Candy Crush, one of your employees texted (because, calling in, as if!) from an Ebola quarantine tent to alert you that she will be out of work for 21 days, while…
  • Oct 27

    Tweet today with the EEOC about the Americans with Disabilities Act #EEOC4NDEAM

    Tweet today with the EEOC about the Americans with Disabilities Act #EEOC4NDEAM
    I'll be at the SHRM Lehigh Valley Annual Conference today presenting "What's Hot at the EEOC...and How to Avoid Getting Burned!" with the EEOC's Mary Tiernan. If you're at the conference, stop by with pizza and beer and say hello with pizza…
Rank this Week: 938

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Oct 29

    A Petition for Writ of Certiorari – What Is It?

    A Petition for Writ of Certiorari – What Is It?
    The Superior Court recently granted a petition for writ of certiorari.  See, Millsboro Fire Co. v. Delaware State Fire Prevention Commission et al., Del. Super., No. K14A-05-001, Young, J. (Oct. 21, 2014).  In reaching its decision,…
  • Oct 21

    Delaware Courts Consider Work-Life Balance

    Delaware Courts Consider Work-Life Balance
    Earlier this month, the Delaware District Court announced that with the exception of initial pleadings, all electronic transmissions of documents (including, but not limited to, motions, briefs, appendices, and discovery responses) must be…
  • Oct 9

    The Delaware Senate Confirms A New Supreme Court Justice

    The Delaware Senate Confirms A New Supreme Court Justice
    The Delaware Supreme Court has a new member!  During a special session conducted yesterday, the Delaware Senate unanimously confirmed the appointment of James T. Vaughn, Jr.   Justice Vaughn, who served as a Superior…
Rank this Week: 4863

Real Property & Environmental Law…

Real Property & Environmental Law Alert

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

http://www.rpelawalert.com/
Rank this Week: 1465

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/
  • Oct 26

    Chancery Denies Motion to Dismiss and Describes Measure of Damages for Stockholder Denied Share

    Chancery Denies Motion to Dismiss and Describes Measure of Damages for Stockholder Denied Share
    Mehta v. Smurfit-Stone Container Corp., C.A. No. 6891-VCL (Del. Ch. Oct. 20, 2014).  This case is noteworthy for its description of the measure of damages that are potentially available for a stockholder who is wrongfully denied shares.…
  • Oct 26

    Chancery Addresses Equitable Jurisdiction and First-Filed Rule

    Chancery Addresses Equitable Jurisdiction and First-Filed Rule
    Willis v. PCA Pain Center of Virginia, Inc., C.A. No. 9006-VCN (Del. Ch. October 20, 2014). This Chancery decision is noted for its usefulness in the toolbox of those who practice corporate and commercial litigation in Delaware, for two…
  • Oct 19

    Contract-Based Award of Attorneys’ Fee

    Contract-Based Award of Attorneys’ Fee
     ReCor Medical, Inc. v. Warnking, C.A. No. 7387-VCN (Del. Ch. May 14, 2014). This letter opinion provides a helpful analysis of how the Court of Chancery awards attorneys’ fees based on a contract that provides for fees to be…
Rank this Week: 182

Delaware Intellectual Property…

Delaware Intellectual Property Litigation

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

http://delawareintellectualproperty.foxrothschild.com/
Rank this Week: 4780

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/
  • Oct 20

    A Perk of BYOD Policies at Work

    A Perk of BYOD Policies at Work
    Employers face a serious challenge when trying to prevent employees from taking confidential and proprietary information with them when they leave to join a new employer—particularly when the new employer is a competitor.  …
  • Sep 30

    Keeping Secrets on Social Media: Part II

    Keeping Secrets on Social Media: Part II
    Employees telling secrets online was the subject of yesterday's post, Keeping Secrets on Social Media.  Today's post--a continuation of the theme from yesterday--is about "auto-expire" apps.  An "auto-expire" app is an app that…
  • Sep 29

    Keeping Secrets on Social Media

    Keeping Secrets on Social Media
    The title of this post is a bit laughable, isn’t it?  I mean, really, it’s almost an oxymoron.  Keeping secrets on social media?  What’s the point?  The very existence of social media is dependent upon…
Rank this Week: 1092

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/
  • Sep 30

    Advancement of Fees: When Multiple Sources are Implicated

    Advancement of Fees: When Multiple Sources are Implicated
    In the case of Pontone v. Milso Industries Corp., C.A. No. 8842-VCP (Aug. 22, 2014), Vice Chancellor Parsons addressed the issue of from which source a director or officer may seek advancement of legal fees when multiple sources are…
  • Sep 30

    LLC Operating Agreements Can Be Binding Even if Not Signed by the Partie

    LLC Operating Agreements Can Be Binding Even if Not Signed by the Partie
    In the case of Seaport Village Ltd. v. Seaport Village Operating Company LLC, C.A. No. 8841-VCL (Sept. 24, 2014), Vice Chancellor Laster found that the operating agreement of a limited liability company (“LLC”) can be binding upon…
  • Sep 30

    Books and Records Action: Chancery Examines Scope of Document

    Books and Records Action: Chancery Examines Scope of Document
    In the recent decision of Caspian Select Credit Master Fund, Ltd. v. Key Plastics Corp., Inc., C.A. No. 8625-VCN (Del. Ch. Sept. 3, 2014), the Court analyzed whether categories of documents requested by Caspian, the minority…
Rank this Week: 4935

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: 2120

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: 418

Delaware Environmental Law Blog

Delaware Environmental Law Blog

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

http://www.delawareenvironmentallawblog.com/
Rank this Week: 3523

Delaware Immigration Lawyer Blog

Delaware Immigration Lawyer Blog

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

http://www.deimmigration.com
Rank this Week: 2844

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: 3507

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: 2896

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: 2950

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: 3878