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Ellen Bardash

Ellen Bardash

Ellen Bardash is ALM's reporter covering corporate litigation for Law.com and Delaware Business Court Insider. She can be contacted by emailing [email protected] or following @ellenbardash.bsky.social on Bluesky.

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November 01, 2023 | Delaware Business Court Insider

Contractual Details Shift Talc Liability to Bayer, Merck Lawyers Tell Del. Supreme Court

Merck is seeking confirmation that Bayer is liable for talc claims that have been filed against both companies since 2014, when Bayer bought product lines from Merck in a $14 billion deal. The Court of Chancery dismissed Merck's claims in April.

By Ellen Bardash

3 minute read

October 31, 2023 | Law.com

How May US Judges Vet Experts for Jurors? The New Evidence Rule Set to Take Effect Is Sparking Debate

The update to Rule 702, set to go into effect officially on Dec. 1, has raised the issue of whether it's a long overdue way to hold judges to an evidentiary standard they should have been following for decades or if it encourages them to cross over into the jurors' domain.

By Ellen Bardash

5 minute read

October 27, 2023 | Delaware Business Court Insider

'Basic Rules' Broken in SAP-Silver Lake Deal, Qualtrics Investors Say

The shareholder plaintiffs allege that SAP and its Qualtrics directors weren't upfront about Silver Lake Group proposing a purchase of either SAP's Qualtrics shares or Qualtrics entirely.

By Ellen Bardash

3 minute read

October 24, 2023 | Delaware Business Court Insider

Bankruptcy Judge Allows FTX to Bundle Objections to Claims

Judge John T. Dorsey approved the FTX debtors' motion to deviate from rules typically used in bankruptcy proceedings.

By Ellen Bardash

4 minute read

October 23, 2023 | Delaware Business Court Insider

Wellness Brand Accuses Amazon.com of Copycat Product 'Bait and Switch'

The case is another permutation of litigation involving competing products sold on Amazon that have been filed in various jurisdictions over the past several years.

By Ellen Bardash

3 minute read

October 20, 2023 | Delaware Business Court Insider

Telecom Patent Holders Secure $9M Verdict Against HTC

The verdict amount reflects the plaintiffs' argument that HTC should pay damages multiples higher than licensing with a fair, reasonable, and non-discriminatory rate.

By Ellen Bardash

2 minute read

October 19, 2023 | Law.com

How Lawyers Are Already Wielding Upcoming Changes to Expert Evidence Rules

At a Sept. 6 status hearing, lawyers on both sides of the talcum powder lawsuits against Johnson & Johnson debated the impact of the upcoming amendments to Federal Rule 702 of Evidence.

By Amanda Bronstad | Ross Todd | Ellen Bardash

6 minute read

October 18, 2023 | Delaware Business Court Insider

Precedent Dismissing Voting Rights Cases 'Falls Far Short,' Attorney for Fox, Snap Shareholders Says

The right to sue, a Bernstein Litowitz partner argued, is implied in every Delaware charter, referencing how in the past the court has analogized charters with contracts, which frequently have implied terms that can be binding.

By Ellen Bardash

4 minute read

October 17, 2023 | Delaware Law Weekly

Hall Confirmed to Seat on Delaware Federal Court With Overwhelming Senate Approval

With a vote of 67 to 29, Hall was confirmed by a wider margin than any other federal district court judge this year,

By Ellen Bardash

3 minute read

October 13, 2023 | Delaware Business Court Insider

Shareholder Attorneys 'Just Don't Have Proof:' Tesla Resists $919M Valuation of Compensation Settlement

Tesla's shareholders and its board have agreed to settle their Court of Chancery litigation over director compensation, but their attorneys still…

By Ellen Bardash

5 minute read