By Michael W. Mitchell and Edward Roche | April 20, 2020
A South Carolina resident sued Marriott in a federal court in his home state after suffering an injury in a Marriott-affiliated hotel overseas. The Fourth Circuit's decision provides helpful guidance on the scope of personal jurisdiction over corporations, and offers some food for thought for litigants.
Delaware Business Court Insider | Analysis
By David E. Schwartz and Risa M. Salins | April 2, 2020
As many troubled companies will continue to "downsize" and seek to restructure mounting debts, David E. Schwartz and Risa M. Salins address important considerations for employers contemplating Chapter 11 bankruptcy in this edition of their Labor Relations column.
New York Law Journal | Analysis
By Joseph E. Bachelder III | March 19, 2020
Members of a community—whether individuals or entities—are expected to be good citizens of that community. A business corporation is obligated to constituencies of that community based on employment, business and other relationships. But these obligations to such constituencies should not be confused with the fundamental purpose of a business corporation: to provide sustained growth in value for its shareholders.
Delaware Business Court Insider | Analysis
By Geoffrey Mort | March 10, 2020
With 33 states and the District of Columbia having enacted medical marijuana laws, courts in recent years have repeatedly been called on to determine whether these state statutes are preempted by the federal Controlled Substances Act.
Delaware Business Court Insider | Analysis
By Joseph M. McLaughlin and Shannon K. McGovern | February 11, 2020
The Delaware Court of Chancery recently addressed a nearly unprecedented issue: the discovery and privilege implications of a special litigation committee's decision to hand over control of a company claim to a stockholder derivative plaintiff who initiated the claim and survived a motion to dismiss. As Joseph M. McLaughlin and Shannon K. McGovern discuss in this edition of their Corporate Litigation column, the framework established by the court to provide the plaintiff with the benefit of the SLC's work has expansive disclosure aspects and important boundaries to be understood by practitioners.
Delaware Business Court Insider | Analysis
By Rachel Ehrlich Albanese and Gregory Martin Juell | February 4, 2020
Bankruptcy and corporate restructurings continue to be active despite generally strong U.S. financial markets and broader macroeconomic conditions. This is a brief overview of three recent and noteworthy bankruptcy decisions within the Third Circuit.
Delaware Business Court Insider | Analysis
By George J. Kenny | January 2, 2020
It appears that, for our time, and under the present U.S. Supreme Court makeup, the stream of commerce theory must await a future judicial day.
Delaware Business Court Insider | Analysis
By Edward E. Neiger | December 30, 2019
In this issue of his Bankruptcy Update, Edward E. Neiger focuses on recent restructurings in the retail sector, including iconic luxury department store Barneys New York, fast-fashion juggernaut Forever 21 and specialty retailer Destination Maternity.
New York Law Journal | Analysis
By Rob Maier | November 26, 2019
Declaratory judgment actions, commonly referred to as "DJ actions," have historically provided a mechanism for companies threatened with a patent infringement claim to preemptively file a lawsuit seeking a court ruling declaring the patent invalid or not infringed. These DJ actions for years had been a popular tool for accused infringers, but as Rob Maier discusses in this edition of his Patent and Trademark Law column, recent changes in the patent litigation landscape have resulted in a shift away from these DJ actions, and a corresponding shift in the way patent holders approach infringers.
New York Law Journal | Analysis
By William F. Johnson | November 6, 2019
In his Corporate Crime column, William F. Johnson explores the contours of the attorney-client privilege as it applies to special committees' internal investigations, including with respect to employee interviews and board briefings.
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