New York Law Journal | Analysis
By Rob Maier | January 23, 2024
A recent order from Chief Judge Colm Connolly in the U.S. District Court for the District of Delaware may serve as a warning for "patent trolls"—the derogatory term used to describe companies whose sole function is to acquire and then assert patents, often in cases that are questionable on the merits—against filing cases in Delaware going forward.
By Brad Jones | January 8, 2024
Courts have struggled with the interpretation of the 2019 amendment to Section 547, specifically whether the due diligence requirement is an element of a preference claim that must be adequately pleaded in the plaintiff's complaint. While the law is still developing, there are three important takeaways for trustees to consider.
New York Law Journal | Analysis
By Tracee E. Davis | January 5, 2024
The Office of Court Administration recently solicited comments on a proposal to amend Rule 202.70(b)(1) of the Uniform Rules for the Supreme and County Courts to add a reference to technology in the description of what is a commercial case. This article discusses the proposal, rationale behind the rule amendment and kind of technology cases that likely fall within the Commercial Division's jurisdiction.
Delaware Business Court Insider | Analysis
By Hugo Guzman | December 27, 2023
The year was marked by geopolitical chaos abroad, economic turmoil at home and the explosion of generative artificial intelligence.
Delaware Business Court Insider | Analysis
By Ellen Bardash | December 18, 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.
By Chris O'Malley | December 12, 2023
Nuclear reactor company NuScale Power's failed Idaho project has spurred at least one lawsuit so far from plaintiff attorneys who say executives' comments about the likelihood of pulling it off were overly rosy.
New York Law Journal | Analysis
By Ellen Brickman and Chad Lackey | December 8, 2023
In February 2023, the DOAR Research Center sought to shed light on changing attitudes toward the pharmaceutical industry by conducting a survey, which questioned respondents on their opinions of the pharmaceutical industry and their COVID-19 experiences. This article highlights the results of the survey.
By Harry Sandick, Bonnie Robinson and Thomas Kicak | November 27, 2023
Search warrants and wiretaps were once used primarily to investigate organized crime, drug dealing and terrorism. In recent years, however, prosecutors have employed these tools increasingly in the context of white-collar crime to the point where it is now commonplace.
By Michael L. Cook | October 31, 2023
The Eighth Circuit's decision in Simply Essentials has practical significance for Chapter 11 debtor in possession (DIP) lenders. U.S. Trustees and unsecured creditors regularly object to the granting of liens on avoidance actions, but this and other appellate rulings should now eliminate the purported legal obstacle.
New York Law Journal | Analysis
By Thomas J. Hall and Judith A. Archer | October 19, 2023
Historically, New York courts have viewed the internal affairs doctrine as strict and mandatory; however, they have recently softened this approach and apply a more discretionary standard. This article examines the evolution of these judicial approaches and recent Commercial Division cases reflecting their application.
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