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.
October 07, 2021 | Delaware Business Court Insider
Marriott Data Breach Case First to Be Fully Dismissed Under New Demand-Futility TestA 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 PoliciesThe 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 TrialThe 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 BalanceBased 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 $1.9MWithin 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 IvermectinDelaware'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 CaseThe 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 PollutionThe 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 ArrestCannabis 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
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