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Publication Date: 2023-05-16
Practice Area: Mergers and Acquisitions | Telecommunications
Industry: E-Commerce | Investments and Investment Advisory
Court: Court of Chancery
Judge: Vice Chancellor Zurn
Attorneys: For plaintiff: Gregory V. Varallo, Daniel E. Meyer, Bernstein Litowitz Berger & Grossman LLP, Wilmington, DE; Mark Lebovitch, Bernstein Litowitz Berger & Grossman LLP, New York, NY; Jeremy Friedman, David Tejtel, Friedman Oster & Tejtel PLLC, Bedford Hills, NY for plaintiffs.
for defendant: Rudolf Koch, Kyle H. Lachmund, John M. O’Toole, Kevin M. Kidwell, Richards Layton & Finger, P.A., Wilmington, DE; Deborah Birnbach, Tucker DeVoe, Goodwin Procter LLP, Boston, MA for defendants.
Case Number: 2022-0624-MTZ
Corwin cleansing could not apply to injunctive relief claim against entrenching/defensive measures in stockholders' agreement, and plaintiffs alleged sufficient facts to support inference that company board negotiated those measures for itself to protect against stockholder activism.
Publication Date: 2022-10-31
Practice Area: Telecommunications
Industry: E-Commerce
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2203
District court erred in holding third-party marketing company was exempt from liability under Pennsylvania's Wiretapping and Electronic Surveillance Control Act for rerouting appellant's communications with gift company's website to its own servers because there was no sweeping direct-party exception to civil liability under WESCA and marketing company intercepted appellant's communications at the point at which the signals were rerouted to marketing company's servers. Vacated and remanded.
Publication Date: 2022-10-18
Practice Area: Telecommunications
Industry: State and Local Government | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Geoffrey G. Griver, Buchanan Ingersoll & Rooney, PC, Wilmington, DE; Shawn N. Gallagher, Buchanan Ingersoll & Rooney, PC, Philadelphia, PA for plaintiff.
for defendant: Gary W. Lipkin, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; Charles A. Zdebski, Eckert Seamans Cherin & Mellott, LLC, Washington, DC; Bradley S. Eaby, Deputy Attorney General, State of Delaware Department of Justice, Dover, DE for defendants.
Case Number: N21C-08-126 PRW
Court denied wireless infrastructure company summary judgment in action challenging city-mandated franchise agreements for node installation, where there were outstanding issues of material fact regarding whether the franchise agreements were exempted from the preemptive effect of the Federal Telecommunications Act.
Publication Date: 2022-01-25
Practice Area: Telecommunications
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Bibas
Attorneys: For plaintiff: A. Thompson Bayliss, Daniel John McBride, Abrams & Bayliss LLP, Wilmington, DE; Mitchell A. Kamin, Mark Chen, Covington & Burling LLP, Los Angeles, CA; Lindsay Barnhart, Covington & Burling LLP, Palo Alto, CA for plaintiff.
for defendant: Kelly E. Farnan, Richards, Layton & Finger, PA, Wilmington, DE; Howard J. Symons, Jenner & Block LLP, New York, NY; Megan B. Poetzel, Lina R. Powell, Jenner & Block LLP, Chicago, IL for defendant.
Case Number: D69691
Federal court lacked federal jurisdiction over breach of contract claim where FCC antitrust regulations were not sufficiently substantial enough to the case to warrant the exercise of jurisdiction.
Publication Date: 2019-10-16
Practice Area: Telecommunications
Industry: Energy | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Chad J. Toms, Whiteford Taylor Preston LLC, Wilmington, DE; Aytan Y. Bellin, Bellin & Assoc. LLC, White Plains, NY for plain-tiff.
for defendant: Alexandra Rogin, Charles A. Zdebski and Jeffrey P. Brundage, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE and Washington, DC for defendant. David C. Weiss, Chad A. Readler, Eric R. Womack, Anjali Motgi and Laura D. Hatcher, U.S. Department of Justice.
Case Number: D68739
Plaintiff stated a claim for relief under the Telephone Consumer Protection Act, and defendant's challenge to plaintiff's standing to seek injunctive relief was premature.
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Publication Date: 2019-02-27
Practice Area: Insurance Litigation | Telecommunications
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Wallace
Attorneys: For plaintiff: Brian M. Rostocki and Benjamin P. Chapple, Reed Smith LLP, Wilmington, DE; Robin L. Cohen and Keith McKenna, McKool Smith, P.C., New York, NY for plaintiffs.
for defendant: John C. Phillips, Jr. and David A. Bilson, Phillips, Goldman, McLaughlin & Hall, P.A. Wilmington, DE; Alexander R. Karam and Addison Draper, Clyde & Co. US LLP, Washington, DC for U.S. Specialty Ins. Co.; Henry duPont Ridgely, John L. Reed, Ethan H. Townsend, Joseph G. Finnerty III, Megan Shea Harwick and Eric S. Connuck, DLA Piper LLP, Wilmington, DE and New York, NY for Nat'l Union Fire Ins. Co. Timothy Jay Houseal and Jennifer M. Kinkus, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Charles C. Lemley , Wiley Rein LLP, Washington, DC for XL Specialty Ins. Co.
Case Number: D68474
The court granted and denied portions of insurers' cross-motions for summary judgment regarding their duty to defend parties in an underlying shareholder action.
Publication Date: 2018-12-05
Practice Area: Entertainment and Sports Law | Telecommunications
Industry: Entertainment and Leisure
Court: U.S. District Court of Delaware
Judge: District Judge Noreika
Attorneys: For plaintiff: Charles J. Brown, III of Gellert Scali Busenkell & Brown, LLC, Wilmington, DE for plaintiff.
for defendant: N/A
Case Number: D68377
Plaintiff was entitled to damages against a corporate entity for intercepting a cable transmission, but the court denied judgment against the individual defendants.
Publication Date: 2017-10-25
Practice Area: Contracts | Contractual Disputes | Telecommunications
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Counsel: Michael W. McDermott, David B. Anthony, William M. “B.J.” Lyon, Jr. and Patricia Clotfelter for plaintiff
for defendant: Geoffrey G. Grivner for defendants.
Case Number: D67916
The court granted defendants motion for summary judgment because the unambiguous terms of the parties agreement included a waiver within the definition of maritime business. With regard to the exercise of certain options, defendants failed to timely act, so the court granted plaintiffs motion for summary judgment on that issue.
Publication Date: 2017-03-29
Practice Area: Telecommunications
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67669
A fraudulent inducement claim and a breach of contract claim, though sufficiently distinct in their allegations and particular enough to meet the heightened pleading standard for fraud, could not be
Publication Date: 2017-03-29
Practice Area: Telecommunications
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: D67669
A fraudulent inducement claim and a breach of contract claim, though sufficiently distinct in their allegations and particular enough to meet the heightened pleading standard for fraud, could not be
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