By W. Karl Renner and Kristi Sawert and Megan Chacon and Michael Portnov | November 18, 2024
From leadership changes at the U.S. Patent and Trademark Office to shifts in biopharmaceutical patent policy to regulation of rapidly evolving fields like artificial intelligence, here’s what the IP community can expect from a second Trump presidency.
Delaware Business Court Insider
By Nathaniel J. Stuhlmiller and Brian T.M. Mammarella | November 10, 2024
Today, a new species of litigation—which we call “foot fault litigation”—is presenting the same core problem as the pre-Trulia disclosure settlements and warrants a similar judicial solution.
Delaware Business Court Insider | Commentary
By Kaan Ekiner and Mark E. Felger | November 6, 2024
Prior to initiating the Delaware Chancery Court action, Eastern Wholesale sued one of Hudson's affiliates—but not Hudson—in North Carolina. Shortly after the filing of the Chancery action, Hudson moved to dismiss or stay. And due to potential overlapping legal and factual issues, Chancellor Kathaleen St. J. McCormick entered a stay.
New York Law Journal | Commentary
By Joseph O'Keefe and Erik Mosvick | November 4, 2024
This article will examine the current state of noncompete law, focusing on recent administrative, legislative and judicial developments.
Delaware Business Court Insider | Commentary
By Mark E. Felger and Simon E. Fraser | October 30, 2024
The court was careful to confine its ruling to precisely the foregoing, and expressed no opinion on plan releases other than nonconsensual ones. In particular, the court was careful to note, "Nothing in what we have said should be construed to call into question consensual third-party releases offered in connection with a bankruptcy reorganization plan."
Delaware Business Court Insider | Commentary
By Barnaby Grzaslewicz | October 23, 2024
In this recent decision from the Delaware Court of Chancery, Seva Holdings v. Octo Platform Equity Holdings, the court considered whether a membership interest repurchase right under an LLC agreement triggered by breach of a nondisparagement restriction was enforceable, or whether the repurchase scheme violated the absolute litigation privilege.
Delaware Business Court Insider | Commentary
By Mackenzie M. Wrobel | October 23, 2024
This article delves into the Delaware Court of Chancery's recent use of res judicata to remind readers of the doctrine's applications and implications.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | October 11, 2024
The Ninth Circuit reversed the decision of the U.S. Bankruptcy Court for District of Arizona, and in a case of first impression, held where the trustee avoids the portion of a tax lien attributable to penalties, the sale proceeds must be used first to pay in full the unavoided tax lien liability amount rather than allocating the proceeds pro rata.
Delaware Business Court Insider | Commentary
By K. Tyler O'Connell | October 9, 2024
In dismissing for failure to plead demand futility, Vice Chancellor Lori W. Will explained that that allegations of independent directors' knowledge of "imperfect compliance" did not provide a reasonable inference of bad faith "intentional lawbreaking."
Delaware Business Court Insider | Commentary
By David Axelrod and Hannah Welsh | October 2, 2024
One company, Autopilot, is taking advantage of Congress members' advantage with a method for Joe Q. Public to trade like a politician.
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