By Rex S. Heinke, Jessica M. Weisel and Douglass B. Maynard | November 9, 2018
The current term sees the court facing a set of cases which focus on the types of claims that can be litigated in arbitration and the relative powers of arbitrators and judges. In three cases that already have been argued, the court may limit the scope and authority of arbitrators.
By Laura A. Colca and Ryan W. McNagny | November 9, 2018
In a recent decision, the Delaware Court of Chancery reaffirmed the policy of Delaware and many other states, including New York, of enforcing broad contractual waivers of fiduciary duties and demonstrated the importance of carefully negotiating contractual rights and obligations when forming or investing in a limited liability company.
New York Law Journal | Analysis
By Richard Raysman and Peter Brown | November 9, 2018
In their Technology Law column, Richard Raysman and Peter Brown discuss 'Cyprus Grp. Holdings v. Onex', an opinion which dealt with a variety of issues in contract law, including the construction of a release provision in the context of a stock acquisition, the interpretation of forward-looking and ambiguous software license provisions, and whether two breach of contract and indemnity claims are sufficiently similar that if one is precluded by a release, so too is necessarily the other.
Delaware Business Court Insider | News
By Tom McParland | November 8, 2018
A three-judge panel of the high court said that CompoSecure would have another chance to argue that its contract with CardUX was void and unenforceable under New Jersey law.
By Jenna Greene | November 7, 2018
How often does a judge get to decide an issue of first impression from the Mesozoic Era?
By Jenna Greene | November 6, 2018
The litigation concerns roof shingles—a decidedly un-sexy product. But the underlying issue is a hot one: what constitutes a valid arbitration agreement?
By Charles Toutant | November 5, 2018
Carol Lipson claims that her husband's publishing company, Metro Corp., has failed to pay her a $1 million benefit, in breach of a 1997 agreement he signed calling for the company to pay her that sum on his death. In addition, a 1997 prenuptial agreement between the Lipsons calls for his estate to pay her another $600,000 on his death, but the estate has refused, her suit claims.
By Charles Toutant | November 5, 2018
Carol Lipson claims that her husband's publishing company, Metro Corp., has failed to pay her a $1 million benefit, in breach of a 1997 agreement he signed calling for the company to pay her that sum on his death. In addition, a 1997 prenuptial agreement between the Lipsons calls for his estate to pay her another $600,000 on his death, but the estate has refused, her suit claims.
By Charles Toutant | November 5, 2018
Heartland Payment Systems said the case presented no actual controversy because its former employee, Lawrence Bradfield, said he did not intend to violate the nonsolicitation provisions. But the judge said that Heartland's stance conflicts with its stated intention to hold Bradfield accountable to the restrictive covenants.
The Legal Intelligencer | News
By Zack Needles | November 1, 2018
The Pennsylvania Superior Court will not disturb a lower court's ruling that awarded compensatory damages but denied punitive damages to a plaintiff whose former co-owners in a public utility consulting firm fired him and bought out his membership share for a fraction of its value.
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