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Delaware Corporate and Commercial...

Delaware Corporate and Commercial Litigation Blog

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

http://www.delawarelitigation.com/
  • Nov 20

    ABA Seminar on Delaware Corporate Law and Potentially Increasing Federalization

    I am blogging from the ABA Business Law Section Fall Meeting in D.C. This post is the product of the notes taken at the following panel presentation: Federalization of Corporation Law in a Time of Crisis - Which Institutions are Best Able to Improve Corporate Governance and Performance Going Forward. Presented by: Business and Corporate Litigation Committee and The Committee on the Federal Regulation of Securities Moderator: Rolin P. Bissell, Partner, Young Conaway Stargatt & Taylor LLP,... Posted on November 20, 2009 at 06:37 am
  • Nov 18

    Live Video of Chancery Court Trial in Amirsaleh v. NY Board of Trade

    Amirsaleh v. NY Board of Trade. A short video clip of the trial in this case that is ongoing this week in the Delaware Court of Chancery is available here, courtesy of www.courtroomview.com Prior decisions of the Court of Chancery in this case highlighted on this blog are available here and here. Posted on November 18, 2009 at 11:10 am
  • Nov 14

    Court of Chancery Decides Fiduciary Duty Claims Against LLC Manager and Allows Dissolution Claim to Proceed

    Lola Cars Int'l Limited v. Krohn Racing, LLC, No. 3379-VCN (Del. Ch. Nov. 12, 2009), read 31-page letter decision here. This decision of the Delaware Court of Chancery is chock full of substantive Delaware LLC law that is of practical usefulness for business lawyers and litigators. Key Issues Addressed Dissolution requested by one member of an LLC pursuant to Section 18-802 of the Delaware LLC Act; Breach of fiduciary duty of an LLC manager and whether pre-suit demand was excused (i.e., was a... Posted on November 14, 2009 at 07:02 pm
Rank This Week: 124

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/
  • Nov 13

    Court of Chancery Holds Arbitrator Decides Limitations Defense

    Lefkowitz v. HWF Holdings LLC, C.A. 4381-VCP (November 11, 2009) The Delaware Arbitration Act has a unique provision that permits the Court of Chancery to enjoin an arbitration when the claim asserted is barred by a statute of limitations. However, to get into Court, the arbitration agreement must be governed by Delaware's Arbitration Act. If it is not, then this unique remedy is not available, and it is up to the arbitrator to decide if the claim is barred on limitations grounds. This decision... Posted on November 13, 2009 at 06:39 am
  • Nov 12

    Court of Chancery Expands Dissolution Remedy

    Lola Cars International Limited v. Krohn Racing LLC, C.A. 4479-VCN (November, 12, 2009) The Delaware Limited Liability Company Act permits the Court of Chancery to dissolve an LLC when it is not "reasonably practicable to carry on the business" of the LLC. The initial decisions under this statute tended to adopt a narrow construction of its terms and dissolution was not ordered just because of a business dispute between the members of the LLC. More recent decisions have expanded the... Posted on November 12, 2009 at 06:46 am
  • Nov 9

    Court of Chancery Explains Duty of Good Faith and Fair Dealing

    Amirsaleh v. Board of Trade of The City of New York, Inc., C.A.2822-CC (November 9, 2009) The law of good faith and fair dealing in contracts is a "judicial tool used to imply terms in a contract that protect the reasonable expectations of the parties." This decision clearly explains Delaware law in this area, including the point that not acting in good faith involves bad faith and that is proved by showing an improper motive. Posted on November 9, 2009 at 11:21 am
Rank This Week: 171

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/
  • Nov 20

    5 Years Later, Issues Still Linger in the St. Clair v. Fuji Digital Camera Patent Case

    Judge Farnan issued an opinion yesterday on a few lingering issues in the Fuji case. This is another St. Clair digital camera patent case; St. Clair received a $3 million dollar jury verdict in 2004 but its execution was stayed until recently due to a dispute over ownership of the patents. St. Clair Intellectual Property Consultants, Inc. v. Fuji Photo Film Co., Ltd., C.A. No. 03-241-JJF at 2 (D. Del. Nov. 19, 2009). The issues included: No new trial due to improper exclusion of evidence: The... Posted on November 20, 2009 at 02:21 pm by Andrew Russell
  • Nov 19

    Chief Judge Gregory M. Sleet: Preliminary Injunction Denied

    A party requesting a preliminary injunction in an infringement case must meet a high burden in showing a likelihood of success on the merits, irreparable harm, a balance of hardships in favor of the moving party and that an injunction is in the public's interest. CNH America LLC v. Kinze Manufacturing, Inc., C.A. No. 08-945-GMS, Memorandum (D. Del. Nov. 13, 2009). In CNH America, the plaintiff failed to establish all four factors. Id. at 2. On the merits, the defendant argued that CNH America... Posted on November 19, 2009 at 08:22 am by Karen E. Keller
  • Nov 19

    Chief Judge Gregory M. Sleet: Claims Fail to Meet Twombly Standard

    The District Court of Delaware in LG Electronics U.S.A., Inc. v. Whirpool Corporation, found that a "formulaic recitiation of the elements of the Lanham Act and Delaware Deceptive Trade Practices" with the insertion of Whirpool's name is insufficient to meet the pleading requirements set forth in Bell Atlantic Corp. v. Twombly. The party making the claim must assert specific factual allegations, not just legal conclusions. Id. at 2-3. Note: LG Electronics argued that additional factual details... Posted on November 19, 2009 at 08:09 am by Karen E. Keller
Rank This Week: 1883

Delaware Employment Law Blog

Delaware Employment Law Blog

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

http://www.delawareemploymentlawblog.com/
  • Nov 19

    Facebook Pictures Cause Insurer to Revoke Benefits for Depressed Woman

    Thanks to Facebook, a Canadian insurance company has revoked the disability benefits of a woman who had been out of work for more than a year and a half due to depression. Former IBM employee Nathalie Blanchard, 29, claims that she called her insurance company when her monthly sick-leave checks stopped coming and was told that she was deemed as able to return to work based on what it had found on her Facebook page. The alleged smoking-gun evidence was Blanchard's Facebook page, which Blanchard... Posted on November 19, 2009 at 10:46 pm by Molly DiBianca
  • Nov 18

    Even the Dictionary Recognizes the Power of Facebook

    "Unfriend," according to the New Oxford American Dictionary, is the word of the year. According to CNN.com: "Unfriend" beat out a tech-heavy field that included "netbook," "hashtag" and "sexting" to take the annual honor. "It has both currency and potential longevity," said Christine Lindberg, a language researcher for Oxford's U.S. dictionary program. "In the online social networking context, its meaning is understood, so its adoption as a modern verb form makes this an interesting choice for... Posted on November 18, 2009 at 01:38 pm by Molly DiBianca
  • Nov 18

    Dec. 2 Audio Conference: Employee Caregivers Dealing With Dementia

    Adria B. Martinelli will be speaking about how to accommodate workers who are caregivers and the workplace issues that commonly arise with dementia. The audio conference is 90 minutes and will cover: Helpful ideas for accommodating an affected employee, including EEOC recommendations: reducing hours and responsibilities, having co-workers act as support, and more Laws that come into play, and how to meet your obligations under ADA and FMLA Sample HR policies that can reduce the burden for your... Posted on November 18, 2009 at 10:55 am by Molly DiBianca
Rank This Week: 2071

Delaware Business Lawyer Blog

Delaware Business Lawyer Blog

Covers business litigation, business loans, buy-sell agreements, lease negotiation, and non-compete agreements. Published By Wilmington, Delaware Business and Real Estate Lawyer Charles Snyderman.

http://www.delawarebusinesslawyerblog.com/
  • Nov 17

    MRSA - Too Many People Get Sick In Hospitals

    As a Delaware medical malpractice attorney, I believe it's only a matter of time before a patient in Delaware sues a hospital because he came down with a MRSA infection. These cases are showing up around the country. For example, a Dallas jury has awarded $17.5 million in damages to a man who had to have both of his arms and both of his legs amputated because of a hospital-acquired MRSA infection. The sad thing is that MRSA infections are preventable if proper care is taken. Even worse is the... Posted on November 17, 2009 at 01:09 pm by Charles Snyderman
  • Nov 15

    Deep Vein Thrombosis Kills 42 Year Old Woman

    As a Delaware medical malpractice lawyer, I stay up to date on malpractice trials around the country. Earlier this month in Illinois, the family of a 42 year old woman who died from blood clots after having outpatient knee surgery was recently awarded more than $6 million by a jury. The woman had been having knee pain, but because it was getting worse, her family doctor referred her to an orthopedic surgeon for an evaluation. At first, the surgeon gave her an injection for the pain, and some... Posted on November 15, 2009 at 06:41 am by Charles Snyderman
  • Nov 4

    Blue Cross Blue Shield Is Not Too Big To Sue

    As a Delaware trial lawyer, I'm proud that our court system allows parents to fight for the rights of their children. And I'm also proud that our system lets David go after Goliath, and win. How many times have you gotten angry when your insurance company refused to pay for your medical treatment? Well, a group of parents in Michigan decided to take on BCBS when it refused to cover behavioral therapy for children with autism spectrum disorder. The case recently settled for over $1 million, and... Posted on November 4, 2009 at 06:21 am by Charles Snyderman
Rank This Week: 2348

Delaware Law Office

Delaware Law Office

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

http://www.delawoffice.com/news.html
  • Nov 16

    Ethics

    At Delaware Technical and Community, college part of the paralegal major is to have a discussion on ethics. This is pretty consistent throughout all of my classes. Ethics is, according to the dictionary, that branch of philosophy dealing with values relating to human conduct, with respect to the rightness and wrongness of certain actions and to the goodness and badness of the motives and ends of such actions. The more that I learn about this subject the more I understand what I am doing and its... Posted on November 16, 2009 at 01:54 am by Angelica Endres
  • Nov 6

    Lexis-Nexis v. Westlaw

    I am working at this office along with going to school. My major has recently brought me to these two competing law encyclopedias. I have always dealt with LexisNexis and I do love the program. Being so easy to use, it was a must for all of my classes. Then this semester I was reintroduces to Westlaw, which is confusing me. I do not understand why students get choices because I will always go with what I am comfortable with. Lesson of my week has been easier is always better, when it comes to... Posted on November 6, 2009 at 12:52 am by Angelica Endres
  • Oct 19

    Applicants and phone calls

    This week has switched gears. I have been working helping people to recieve applications. I have learned I do not know Newark well at all nor can I give good directions. This experience is a new lesson in selective talking and listening. I have also spent this week trying to figure out all of the technology in the building. I have learned that it is much easier now to fax or e-mail rather than mail letters. Posted on October 19, 2009 at 06:38 am by Angelica Endres
Rank This Week: 2464

Delaware Immigration Lawyer Blog

Delaware Immigration Lawyer Blog

Covers news, information and resources in immigration law. By Xiaojuan Huang.

http://deimmigration.blogspot.com/
  • Nov 6

    J-1 Waivers for Foreign Physician

    Foreign physicians who received medical training in J-1 program must either return to their country or obtain a waiver before they can apply for an immigration visa, or change to almost any other nonimmigrant status. A J-1 waiver can be granted when the physician commits to practice medicine in an underserved area of the United States for at least three years. An area that is designated as Health Professional Shortage Area, Medically Underserved Area/Population or a VA facility normally qualify... Posted on November 6, 2009 at 02:35 am by Xiaojuan "Carrie" Huang
  • Nov 3

    EB-5 Immigrant Investors

    The EB-5 Immigrant Investors Program is recently extended to September 30, 2012. The statutory requiments of the EB-5 visa are burdensom. Approximately only about 1,000 people a year have immigrated in this category -- just one-tenth of the visa available. For the regular program, the enterprise must (1) be one in which the person has invested at least $1 million (or at least $500,000 if investing in a targeted employment area), (2) benefit the U.S. economy and (3) create full-time employment... Posted on November 3, 2009 at 03:15 am by Xiaojuan "Carrie" Huang
  • Nov 3

    B-1 Business Visitors

    B-1 visa is for the visitor who has an unabandoned foreign residence, intends to visit only temporarily and intends to engage only in permitted business activities. B-1 business visitor may be admitted for the purpose of enaging in business but not for the purpose of local employment or labor for hire. in distinguishing, the determination would be whether the principal place of business and actual accrual of profits are in the foreign country. Permitted business activities may include Engaging... Posted on November 3, 2009 at 03:03 am by Xiaojuan "Carrie" Huang
Rank This Week: 2693
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