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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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October 07, 2021 | Delaware Business Court Insider

Marriott Data Breach Case First to Be Fully Dismissed Under New Demand-Futility Test

A plaintiff in Delaware still has to show a board's systemic oversight failure and knowledge of red flags to move forward with a Caremark claim.

By Ellen Bardash

3 minute read

October 06, 2021 | Delaware Business Court Insider

3 Firms Tapped to Lead Plaintiffs In Facebook Shareholder Case Hitting Privacy Policies

The decision is one of two involving Facebook's third-party access to users' data issued by Chancery Court on Tuesday, with the other determining one case bringing similar allegations should be kept separate from the consolidated action.

By Ellen Bardash

4 minute read

October 01, 2021 | Delaware Business Court Insider

Cozen O'Connor Attorneys Win Securities Fraud Case in Del. Federal Court's First In-Person Trial

The parties had just a few weeks between the trial being confirmed and opening statements.

By Ellen Bardash

5 minute read

September 30, 2021 | New York Law Journal

Second Circuit Finds District Court Undervalued ERISA Plan Balance

Based on ERISA requirements, the court found, employees of Vermont-based CTC Corp. not only were legally able to bring their lawsuit, as the district court held, but were entitled to significantly more funding than originally calculated.

By Ellen Bardash

4 minute read

September 30, 2021 | Delaware Business Court Insider

'Here's Your Chance': McCormick Says TransPerfect Won't Face Sanctions After Paying $1.9M

Within about an hour of Chancellor Kathaleen McCormick's admonintion, New York-based TransPerfect wired that money requested by custodian and former Skadden, Arps, Slate, Meagher & Flom attorney Robert Pincus.

By Ellen Bardash

3 minute read

September 29, 2021 | Delaware Business Court Insider

New Demand Futility Test Expected to Streamline Litigation in Derivative Lawsuits

"It's going to be a huge increase in efficiency for both lawyers and judges," said Francis Pileggi, a prominent corporate litigator and commentator.

By Ellen Bardash

3 minute read

September 24, 2021 | Delaware Law Weekly

Chancery Won't Enforce COVID-19 Patient's Demand for Ivermectin

Delaware's equity court said a patient's right to self-determination did not require that a hospital be ordered to administer the veterinary drug.

By Ellen Bardash

3 minute read

September 24, 2021 | Delaware Business Court Insider

Del. Supreme Court Approves Universal Demand Futility Test Used by Chancery in Facebook Case

The two tests that had been in use for decades are similar enough, Justice Tamika Montgomery-Reeves wrote, that with legal changes since they were decided, blending them modernizes and streamlines how demand futility is weighed.

By Ellen Bardash

4 minute read

September 24, 2021 | Delaware Law Weekly

Delaware AG Jennings Sues Monsanto Over PCBs in State Superior Court, Pressing Fight Against Pollution

The new lawsuit focuses on toxic chemicals called polychlorinated biphenyls, or PCBs

By Ellen Bardash

4 minute read

September 17, 2021 | Delaware Law Weekly

Del. Supreme Court Finding Makes Marijuana Smell Alone Not Enough for Arrest

Cannabis law reform advocates said the decision was likely the first from any state's supreme court to weigh in on whether the smell of marijuana alone can justify a warrantless arrest for possession.

By Ellen Bardash

5 minute read