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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…
  • Nov 26

    Court Of Chancery Explains Bad Faith Claim

    Court Of Chancery Explains Bad Faith Claim
    In Re Novell Shareholders Litigation, C.A. 6032-VCN (November 25, 2014) When does a board act in bad faith so as to not be entitled to exculpation under a corporate charter? As this decision explains, mere mistakes in complicated negotiations…
Rank this Week: 492

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/
  • Nov 28

    Black Friday HR-Dorkbuster!!! Silent ADA accommodation request

    Black Friday HR-Dorkbuster!!! Silent ADA accommodation request
    [Because "The one about the guy who got fired and then requested a reasonable accommodation" isn't clickbait enough]. More on the timing of ADA accommodation requests after the jump... * * *
  • Nov 26

    What the EEOC plans to tell employers about wellness program

    What the EEOC plans to tell employers about wellness program
    The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them "'so-called' wellness programs." And not in a "yay, so-called wellness programs are super" kinda way. No, in…
  • Nov 25

    Apparently, the ABA Journal received my large, white bag with the $ on it

    Apparently, the ABA Journal received my large, white bag with the $ on it
    Or maybe it's the good karma from yesterday's Social Media @ Work giveaway. Whatever it may be, I'll just smile and say thank you to the ABA Journal for honoring The Employer Handbook (again) as one of the top blogs in America. Special…
Rank this Week: 934

Delaware Trial Practice Blog

Delaware Trial Practice Blog

Covers the Delaware state courts. By Fox Rothschild LLP.

http://delawaretrialpractice.foxrothschild.com/
  • Nov 26

    Uniform Interstate Depositions and Discovery Act

    Uniform Interstate Depositions and Discovery Act
    The Delaware Uniform Interstate Depositions and Discovery Act provides a process through which litigants in actions pending outside of Delaware may conduct depositions or access information in Delaware.  The Act simplifies past…
  • Nov 21

    So, You Want To Amend Your Complaint . . .

    So, You Want To Amend Your Complaint . . .
    So, you want to amend your complaint to add a claim after the statute of limitations has expired.  Is it possible? The short answer is yes, it may be possible.  As the Superior Court decision recently issued in the…
  • Nov 18

    November Is National Adoption Month!

    November Is National Adoption Month!
    November has been declared National Adoption Month! A Proclamation signed by President Obama designates November as National Adoption Month and states: BY THE PRESIDENT OF THE UNITED STATES OF AMERICA A PROCLAMATION Every year, adoptive…
Rank this Week: 4863

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/
  • Nov 26

    Conspiracy Theory Jurisdiction

    Conspiracy Theory Jurisdiction
    Delaware’s long-arm statute provides jurisdiction over defendants who are not residents of the State of Delaware.  Rather, the statute provides the courts of this State with jurisdiction over a defendant who “in person or…
  • Nov 21

    Establishing Insolvency Under Section 291

    Establishing Insolvency Under Section 291
    One major requirement for the appointment of a receiver under Section 291 of the DGCL is establishing the insolvency of the corporation.  The burden of establishing insolvency lies with the party seeking the appointment of a…
  • Nov 20

    Appointing Receiver to an Insolvent Corporation Under Section 291 of the DGCL: Who has Standing to Seek Appointment?

    Appointing Receiver to an Insolvent Corporation Under Section 291 of the DGCL: Who has Standing to Seek Appointment?
    Under Section 291 of the DGCL, only shareholders or creditors have standing to seek the appointment of a receiver to an insolvent Delaware corporation.  However, Delaware cases have interpreted the term “creditor” broadly to…
Rank this Week: 4876

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/
  • Nov 25

    If You Need Me, I Will Be In the Hall of Fame

    If You Need Me, I Will Be In the Hall of Fame
    Well, it’s happened again. The Delaware Employment Law Blog was selected as one of the Top 100 Legal Blogs in the country by the ABA Journal Magazine.  Because this is my fifth year as an honoree, I’ve been inducted into the…
  • Nov 10

    3 Tips for Harassment Investigation

    3 Tips for Harassment Investigation
    Investigating complaints of inappropriate workplace conduct is a difficult challenge for any number of reasons. But conducting an immediate and thorough investigation is critical to both preventing lawsuits and to avoiding liability should a…
  • Nov 3

    Three Tips for Protecting Your Electronically Stored Confidential Information

    Three Tips for Protecting Your Electronically Stored Confidential Information
    Employers, do you know what apps your employees are using?  That’s the question posed by a recent article in the WSJ.  (See Companies Don’t Know What Apps Their Employees Are Using).  My guess is that the answer to…
Rank this Week: 1093

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: 1469

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/
  • Nov 23

    Chancery Repeats Standard for Expedited Proceeding

    Chancery Repeats Standard for Expedited Proceeding
    Two recent letter rulings serve as practical reminders that even though the grant of a motion for expedited proceedings in the Delaware Court of Chancery is common for corporate and commercial litigation, there remains a standard that must be…
  • Nov 17

    Professor Bainbridge on Fee-Shifting Bylaw

    Professor Bainbridge on Fee-Shifting Bylaw
    Professor Stephen Bainbridge‘s corporate law scholarship is often cited by Delaware’s Supreme Court and Court of Chancery in their corporate law opinions. The good professor is a friend of this blog and one of the most…
  • Nov 16

    Fiduciary Duty of Loyalty Examined in Selective Waiver of Stock Restriction

    Fiduciary Duty of Loyalty Examined in Selective Waiver of Stock Restriction
    Lee v. Pincus, C.A. No. 8458-CB (Del. Ch. Nov. 14, 2014). Why This Chancery Opinion is Noteworthy: The Chancellor provides in this Court of Chancery decision a useful overview of several key statements of Delaware law with widespread…
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: 4798

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: 2848

Delaware Bankruptcy Litigation

Delaware Bankruptcy Litigation

Covers corporate bankruptcy proceedings. By Fox Rothschild LLP.

http://delawarebankruptcy.foxrothschild.com/
  • Nov 19

    Quantum Foods Preference Actions Update

    Quantum Foods Preference Actions Update
    In a prior post, we discussed the commencement of approximately 72 preference actions filed in the Quantum Foods bankruptcy proceeding by the Creditors Committee.  In the preference actions at issue, the Creditors Committee seeks to…
  • Nov 17

    Unitek Global Services Files a Prepack Chapter 11 Bankruptcy in Delaware

    Unitek Global Services Files a Prepack Chapter 11 Bankruptcy in Delaware
    Unitek Global Services, Inc. (“Unitek” or the “Debtor”) filed for bankruptcy under Chapter 11 of the Bankruptcy Code on November 3, 2014 in the United States District Court for the District of Delaware. According to…
  • Nov 16

    NOLs – A Recoverable Transfer?

    NOLs – A Recoverable Transfer?
    In a 27 page opinion released October 23, 2014 in the Conex Holdings case (Bank. D. Del. 11-10501), Judge Sontchi of the Delaware Bankruptcy Court provided his analysis of the ability of a debtor to recover the value of NOLs used by its…
Rank this Week: 4875

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: 2129

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: 3524

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: 3502

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: 2903

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: 2944

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: 3877