Delaware Law Weekly | Analysis
By Victoria Hudgins | August 28, 2019
Some U.S. senators have expressed their interest in finding out how large tech companies are storing and sharing audio recordings and their transcripts. Sen. Chris Coons, D-Delaware, for instance, received a letter in June from Amazon.com Inc. after he requested information regarding Echo's data deletion policy.
New York Law Journal | Analysis
By Andrew T. Garbarino | August 28, 2019
To avoid litigation, government intervention and public relations fiascos, a board must address cybersecurity on an ongoing basis.
Delaware Business Court Insider | Analysis
By Margaret A. Dale and Mark D. Harris | August 13, 2019
Mark D. Harris and Margaret A. Dale discuss a recent opinion issued by the U.S. Bankruptcy Court for the District of Delaware, which held that a liquidation trustee who brought claims initially raised in an adversary proceeding by an unsecured creditors committee did not have standing to assert derivative claims on behalf of the debtor. The ruling raises a number of questions, which the authors address.
New York Law Journal | Analysis
By H. Christopher Boehning and Daniel J. Toal | August 5, 2019
In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss 'GN Netcom v. Plantronics', which serves as a reminder to parties and practitioners of the key importance of experts—and their testimony—as part of discovery. And, importantly, it also highlights the potential significant impact of insufficient discovery processes on the overall outcome of matters.
New York Law Journal | Analysis
By Barbara M. Goodstein | July 31, 2019
In her Secured Transactions column, Barbara M. Goodstein discusses two recent decisions in the Sports Authority bankruptcy which underscore the continuing challenge to UCC commentators in guiding courts and practitioners effectively through the world of consignments.
New York Law Journal | Analysis
By David A. Katz and Laura A. McIntosh | July 24, 2019
In their Corporate Governance column, David A. Katz and Laura A. McIntosh discuss a Delaware Supreme Court decision and a DOJ guidance memorandum, which serve as powerful reminders that board oversight today is an active, not a passive, undertaking.
Delaware Law Weekly | Analysis
By Steven A. Meyerowitz | June 11, 2019
A Delaware court has ruled that exclusions in an automobile insurance policy that purported to eliminate or limit underinsured motor vehicle benefits were invalid.
Delaware Law Weekly | Analysis
By Steven A. Meyerowitz | June 10, 2019
The Supreme Court of Delaware has affirmed a trial court's decision denying personal injury protection benefits to a bicyclist injured in a collision with a car.
Delaware Law Weekly | Analysis
By Steven A. Meyerowitz | May 21, 2019
A Delaware trial court has denied an insurer's motion to dismiss a lawsuit on the basis of a forum selection clause that the insurer added to the insured's policy after she was involved in the accident that was the subject of her suit.
New York Law Journal | Analysis
By Stephen M. Kramarsky | May 20, 2019
In his Intellectual Property column, Stephen M. Kramarsky discusses a recent SDNY decision involving unlawful access to electronically stored information, which can give rise to both state and federal claims for “hacking.” The employee in the case asserted those claims in both state and federal court. The doctrine of abstention provides federal courts a framework for exercising their discretion to abstain from adjudicating a matter, leaving it instead to the state court. However, in this case, SDNY declined to do so. Its opinion explains the bounds of the doctrine in this area, where the protections of state and federal law overlap.
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