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Entire Fairness Doctrine, Oversight Liability & More: Four Lessons Del. Corporate Litigators Should Have Learned in 2023
The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
December 18, 2023 at 04:51 PM
7 minute read
Commercial LitigationThe original version of this story was published on Delaware Business Court Insider
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Who Got The Work
Britt K. Latham and Margaret Dodson of Bass, Berry & Sims have entered appearances for Shoals Technologies Group and other defendants in a pending shareholder derivative lawsuit. The suit, filed May 16 in Tennessee Middle District Court by the Bramlett Law Offices and Shuman, Glenn & Stecker on behalf of Robert Corwin, targets certain officers and directors for allegedly failing to disclose of a wire insulation shrinkback issue that dropped the price of the company's stock. The complaint claims that Shoals had installed defective wire harnesses in at least 300 solar fields and that the company claimed the shrinkback issue would cost between $60 to $185 million to remedy. The case, assigned to U.S. District Judge Aleta A. Trauger, is 3:24-cv-00615, Corwin v. Forth et al.
Who Got The Work
Mark D. Selwyn and Liv Herriot of Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Apple in a pending patent infringement lawsuit. The case, filed July 1 in California Northern District Court by the MZF Law Firm and Ahmad, Zavitsanos & Mensing on behalf of Never-Search, asserts five patents regarding web-based mapping products and services that are being marketed under the brand Apple Maps. The case, assigned to U.S. District Judge Rita F. Lin, is 3:24-cv-03945, Never-Search, Inc. v. Apple, Inc.
Who Got The Work
Jeffrey C. Stravino and Joshua B. Levitt of Hodgson Russ have stepped in to represent Qualitrol Company in a pending environmental lawsuit. The action, filed July 15 in New York Western District Court by Knauf Shaw LLP on behalf of Jefferson Park Associates, seeks to declare that Qualitrol is liable for clean up costs related to the release of groundwater and soil vapor contamination plume from its facility into the Jefferson Park senior housing facility. The case, assigned to U.S. District Judge Elizabeth A. Wolford, is 6:24-cv-06439, Jefferson Park Associates, L.P. v. Qualitrol Company LLC.
Who Got The Work
Matthew J. Peters of Latham & Watkins has entered an appearance for online education platform 2U in a pending securities class action. The action, filed June 13 in Maryland District Court by Glancy Prongay & Murray; Weisbrod Matteis & Copley; and the Law Offices of Frank R. Cruz, accuses the defendants of failing to disclose to investors that the company was unable to sustain relationships with key universities and that as a result certain degree programs and partnerships failed to materialize. The case, assigned to U.S. District Judge Deborah L. Boardman, is 8:24-cv-01723, Beaumont v. 2U, Inc. et al.
Who Got The Work
Timothy J. Bryant of Preti, Flaherty, Beliveau & Pachios has entered an appearance for Filip Keuppens and Pickle Juice Company in a pending trademark dispute. The case, filed July 5 in Maine District Court by Skelton Taintor & Abbott, accuses the defendant of submitting frivolous takedown requests on Amazon and seeks a declaration that the plaintiff's resale of genuine Pickle Juice products is protected under the first sale doctrine. The suit also pursues defamation claims based on the takedown notices. The case, assigned to U.S. District Judge Lance E. Walker, is 2:24-cv-00241, Bags LLC v. Pickle Juice Company LLC et al.
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