• AlixPartners, LLP v. Benichou

    Publication Date: 2019-05-22
    Practice Area: Intellectual Property | Trade Secrets
    Industry: Consulting
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Bradley R. Aronstam, Eric D. Selden, and R. Garrett Rice, Ross Aronstam & Moritz LLP, Wilmington, DE; Robert S. Berezin and Nicholas J. Pappas, Weil, Gotshal & Manges, LLP, New York, NY for plaintiffs.
    for defendant: John P. DiTomo, Matthew R. Clark, and Barnaby Grzaslewicz, Morris, Nicholds, Arsht & Tunnell LLP, Wilmington, DE for defendant.

    Case Number: D68466

    The court adopted the narrow version of liability under the Computer Fraud and Abuse Act, which only imposed liability for unauthorized access of computer systems, rather than for misuse of computer systems and files that were otherwise accessed under proper authorization.

  • Port Penn Hunting Lodge Ass'n v. Meyer

    Publication Date: 2019-05-22
    Practice Area: Public Utilities | Real Estate
    Industry: State and Local Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: L. Vincent Ramunno, Ramunno & Ramunno P.A., Wilmington, DE for petitioner.
    for defendant: Max B. Walton and Kyle Evans Gay, Connolly Gallagher LLP, Newark, DE; Brian J. Merritt, New Castle County Office of Law, New Castle, DE for respondents.

    Case Number: D68472

    Landowner failed to adequately allege that the county improperly refused to provide sewer service to the subject property.

  • Coyne v. Fusion Healthworks, LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities | Trusts and Estates
    Industry: Health Care | Insurance
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Kathleen Coyne, pro se plaintiff.
    for defendant: Josiah R. Wolcott, Connolly Gallagher LLP, Wilmington, DE for defendants.

    Case Number: D68558

    Dismissal of deceased LLC member's spouse's claim for proceeds of company-purchased life insurance policy not dismissed where LLC agreement did not terminate upon dissolution, when dissolution reasonably required member vote.

  • Freeman Family LLC v. Park Avenue Landing LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Patricia L. Enerio and Jamie L. Brown, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE for plaintiff.
    for defendant: Thad J. Bracegirdle and Scott B. Czerwonka, Wilks Lukoff and Bracegirdle, LLC, Wilmington, DE; Adam K. Derman and Brian P. O'Neill, Chiesa Shahinian & Giantomasi PC, West Orange, NJ for defendant.

    Case Number: D68562

    A member of a limited liability company was functioning in its official capacity, so it was entitled to advancement and fees-on-fees under the terms of the operating agreement.

  • Smith v. Promontory Fin. Group, LLC

    Publication Date: 2019-05-15
    Practice Area: Corporate Entities
    Industry: Consulting
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: David A. Jenkins and Laurence V. Cronin, Smith Katzenstein & Jenkins LLP, Wilmington, DE for plaintiffs.
    for defendant: Bruce E. Jameson and Eric J. Juray, Prickett, Jones & Elliott, P.A., Wilmington, DE; Robert M. Cary, Alexander S. Zolan and Robert M. Belden, Williams & Connolly LLP, Washington, DC for defendants.

    Case Number: D68564

    The withdrawing member of a limited liability company was entitled to half the value of the company as of the date of with-drawal, less the amount he owed on his capital account.

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  • Li v. loanDepot.com, LLC

    Publication Date: 2019-05-08
    Practice Area: Contractual Disputes
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: Brett M. McCartney and Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Shawn M. Kennedy, Modera Legal, Irvine, CA for plaintiff.
    for defendant: Eric Lopez Schnabel, Alessandra Glorioso, John Baker and Bryan M. McGarry, Dorsey & Whitney LLP, Wilmington, DE and Costa Mesa, CA for defendant.

    Case Number: D68555

    A limited liability company agreement contained a forum selection clause naming the courts of another state, so the court granted defendant's motion to dismiss this Delaware proceeding.

  • Forman v. CentrifyHealth, Inc.

    Publication Date: 2019-05-08
    Practice Area: Corporate Entities
    Industry: Technology Media and Telecom
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Michael A. Weidinger and Joanne P. Pinckney, Pinckney, Weidinger, Urban & Joyce LLC, Wilmington, DE for plaintiff.
    for defendant: William M. Lafferty, Susan W. Waesco, and Sabrina M. Hendershot, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Bruce C. Doeg, John S. Hicks, and Christopher E. Thorsen, Baker, Donelson, Bearman, Caldwell & Berkowitz, PC, Nashville, TN for defendants.

    Case Number: D68552

    Claim to company equity dismissed pursuant to laches where company repeatedly provided plaintiff over an 11-year period with documentation explicitly demonstrating that company did not acknowledge plaintiff's ownership of the equity at issue.

  • Otto Candies LLC v. KPMG, LLP

    Publication Date: 2019-05-08
    Practice Area: Business Torts | Civil Procedure
    Industry: Consulting | Transportation
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: David E. Ross, Ross, Aronstam & Moritz LLP, Wilmington, DE; Terry L. Wit, A. William Urquhart, Juan P. Morillo, Derek L. Shaffer, and Lauren H. Dickie, Quinn Emanual Urquhart & Sullivan, LLP, San Francisco, CA and Washington, DC for plaintiffs.
    for defendant: Kevin R. Shannon, Matthew F. Davis, and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Gregory G. Ballard and Jose F. Sanchez, Sidley Austin LLP, New York, NY; Todd Schlitz, Drinker Biddle & Reath LLP, Wilmington, DE; Robert A. Scher and Jonathan H. Friedman, Foley & Lardner LLP, New York, NY; Timothy Jay Houseal, Jennifer M. Kinkus, and William E. Gamgord, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Ana C. Reyes, Williams & Connolly, LLP, Washington, DC for defendants.

    Case Number: D68551

    Actions transferred from superior court to chancery court subject to a fully-briefed and argued motion to dismiss were subject to the chancery court's rule requiring plaintiffs subject to such a motion to either seek leave to amend or stand on their complaint and risk dismissal with prejudice; however, as a matter of first impression the court declined to enforce the rule on plaintiffs.

  • Takeda Pharm. U.S.A., Inc. v. Genentech, Inc.

    Publication Date: 2019-04-24
    Practice Area: Patent Litigation
    Industry: Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: Philip A. Rovner and Jonathan A. Choa, Potter Anderson Corroon LLP, Wilmington, DE; William F. Cavanaugh, Irena Royzman, Jacob F. Siegel, Eric B. LaPre and Sara A. Arrow, Patterson Belnap Webb & Tyler LLP, New York, NY for plaintiffs.
    for defendant: Kelly E. Farnan and Blake Rohrbacher, Richards, Layton & Finger, P.A., Wilmington, DE; Robert W. Trenchard, Jane M. Love and Mark H. Mixon, Jr., Gibson, Dunn & Crutcher LLP, New York, NY for de-fendant.

    Case Number: D68539

    An alleged patent infringer had an adequate remedy at law in the form of a license defense in foreign patent litigation, so the Delaware court did not have subject matter jurisdiction in this declaratory relief matter.

  • NASDI Holdings, LLC v. N. Am. Leasing, Inc.

    Publication Date: 2019-04-24
    Practice Area: Mergers and Acquisitions
    Industry: Construction
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Brian C. Ralston and Matthew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Michael Dockterman, Steptoe & Johnson, LLP, Chicago, IL for plaintiffs.
    for defendant: Joseph B. Cicero, Paul D. Brown, and Stephanie H. Dallaire, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Mark L. McAlpine, Douglas W. Eyre, McAlpine PC, Auburn Hills, MI for defendants.

    Case Number: D68536

    Plaintiffs were entitled to summary judgment on their breach of contract claim and defendants' affirmative defenses where plaintiffs' contractual notice obligation did not apply to its claim for indemnification, plaintiffs had no duty to mitigate prior to defendants' breach, and unclean hands was not a defense to a purely legal claim for breach.