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Publication Date: 2020-04-22
Practice Area: Antitrust
Industry: Federal Government | Technology Media and Telecom | Travel and Tourism
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff: David C. Weiss, Laura D. Hatcher, Shamoor Anis, United States Dep’t of Justice, Wilmington, DE; Julie S. Elmer, Scott A. Westrich, Sarah P. McDonough, Robert A. Lepore, Aaron Comenetz, Brian E. Hanna, Craig W. Conrath, Dylan M. Carson, Rachel A. Flipse, Michael T. Nash, Jeremy P. Evans, Vittorio Cottafavi, Seth J. Wiener, John A. Holler, Grant A. Bermann and Katherine A. Celeste, United States Dep’t of Justice, Washington, DC for plaintiff.
for defendant: Joseph O. Larkin, Veronica A. Bartholomew, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; Tara L. Reinhart, Steven C. Sunshine, Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC; Matthew M. Martino, Michael H. Meni-tove and Evan R. Kreiner, Skadden, Arps, Slate, Meagher & Flom LLP, New York, NY for Sabre defendants. Daniel A. Mason, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Wilmington, DE; Kenneth A. Gallo, Jonathan S. Kanter, Joseph J. Bial and Daniel J. Howley, Paul, Weiss, Rifkind, Wharton & Garrison LLP, Washington, DC for defendants Farelogix Inc. and Sandler Capital Partners V, LP.
Case Number: D68956
The government failed to demonstrate a relevant market in this case involving companies that provided airline booking ser-vices, so the court allowed the merger to proceed.
Publication Date: 2020-04-15
Practice Area: Corporate Entities
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff:
for defendant: Edward McNally and Kathleen Murphy, Morris James LLP, Wilmington, DE for defendants and intervenor.
Case Number: D68949
Defendants breached their fiduciary duty in calculating the value of plaintiff's interest in a limited liability company at zero, so the court awarded damages to plaintiff.
Publication Date: 2020-04-15
Practice Area: Corporate Governance
Industry: Financial Services and Banking | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Sean J. Bellew, Bellew LLC, Wilmington, DE; David A. Felice, Bailey & Glasser LLP, Wilmington, DE; Martin F. Cunniff, Ruyak Cherian LLP, Washington, DC for plaintiff.
for defendant: Raymond J. DiCamillo, Robert L. Burns, Kevin M. Gallagher, Eliezer Y. Feinstein, and Brian S. Yu, Richards, Layton & Finger, P.A., Wilmington, DE; Adam Offenhartz, Aric H. Wu, David F. Crowley-Buck, and Peter M. Wade, Gibson,Dunn & Crutcher LLP, New York, NY for defendants.
Case Number: D68942
Stockholder's breach of fiduciary duty claim against chairman dismissed where chairman had not exercised authority to reject stockholder's nomination notice, which was instead considered and rejected by the full board.
Publication Date: 2020-04-08
Practice Area: Contractual Disputes
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor McCormick
Attorneys: For plaintiff: Joseph Andrews, Law Office of Joseph Andrews, Dover, DE; Joseph K. Jones and Anand A. Kapasi, Jones, Wolf & Kapasi, LLC, New York, NY for plaintiffs.
for defendant: S. Mark Hurd, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Antony S. Burt and Jin Yan, Schiff Hardin LLP, Chicago, IL for defendants.
Case Number: D68940
An LLC buyout provision was a form of option contract, so the court denied defendant's motion to dismiss plaintiffs' breach of contract claim.
Publication Date: 2020-04-08
Practice Area: Intellectual Property
Industry: Entertainment and Leisure | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Timothy Devlin and James Lennon, Devlin Law Firm LLC, Wilmington, DE for plaintiff.
for defendant: Elizabeth Sloan, Ballard Spahr LLP, Wilmington, DE; David Grossman, Loeb & Loeb LLP, Los Angeles, CA for defendants.
Case Number: D68937
Plaintiff failed to state a claim for direct copyright infringement because no substantial similarity existed between plaintiff's work and that of defendant. Plaintiff's work was not entitled to moral rights protection, because it was not a work of visual art.
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Publication Date: 2020-03-18
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff:
for defendant:
Case Number: D68912
Debtors' objection to defamation claims sustained where plaintiff failed to prove by preponderance of the evidence that allegedly defamatory newspaper article contained misstatements or omissions of material facts.
Publication Date: 2020-02-19
Practice Area: Corporate Governance
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Blake A. Bennett, Cooch and Taylor, P.A., Wilmington, DE; Jeffrey M. Norton, Newman Ferrara LLP, New York, NY; Werner R. Kranenburg, Krankenburg, London, UK for plaintiffs.
for defendant: Edward B. Micheletti, Lilianna Anh P. Townsend, and Mary T. Reale, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, Delaware for defendants.
Case Number: D68879
Plaintiffs' pre-suit communication to board constituted a Rule 23.1 demand where it asserted the need to take remedial action on a board decision, noted the company's susceptibility to shareholder action, and warned that plaintiffs would take advantage of shareholder remedies if no action were taken by the board.
Publication Date: 2020-02-19
Practice Area: Corporate Governance
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys: For plaintiff: T. Brad Davey and Matthew A. Golden, Potter Anderson & Corroon LLP, Wilmington, DE; Gregory A. Markel and Tonya M. Esposito, Seyfarth Shaw LLP, New York, NY and Washington, DC for plaintiff.
for defendant: Art C. Aramilla, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for defendants Bloom, Bodie and Kaufman. Brian M. Rostocki, Benjamin P. Chapple, Justin M. Forcier and Michael S. Leib, Reed Smith LLP, Wilmington, DE and Chicago, IL for defendants SportTechie, Inc. and Oak View Group, LLC.
Case Number: D68885
Plaintiff adequately stated claims for fraud, breach of fiduciary duty and breach of contract after he was forced out of a company, but the court dismissed some of his aiding and abetting claims.
Publication Date: 2020-02-12
Practice Area: Business Torts
Industry: Technology Media and Telecom
Court: Delaware Supreme Court
Judge: Justice Seitz
Attorneys: For plaintiff: Ryan P. Newell and Lauren P. DeLuca, Connolly Gallagher LLP, Wilmington, DE for plaintiff.
for defendant: Rudolf Koch, Robert L. Burns and Nicole K. Pedi, Richards, Layton & Finger P.A., Wilmington, DE; William Trach, Latham & Watkins LLP, Boston, MA for defendant.
Case Number: D68873
Plaintiff alleged its fraud claims with sufficient particularity, and the allegations suggested that defendant's representations were made with knowledge of their falsity, rather than being mere opinion or puffery.
Publication Date: 2020-02-05
Practice Area: Deals and Transactions
Industry: Insurance | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge LeGrow
Attorneys: For plaintiff: David P. Primack and David W. Giattino, McElroy, Deutsch, Mulvaney & Carpenter, LLP, Wilmington, DE; Noah Jarrett of Schwabe, Williamson & Wyatt PC, Portland, OR for plaintiff.
for defendant: John P. DiTomo, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Michael A. Duffy and Michael C. McCutcheon, Baker & McKenzie LLP, Chicago, IL for defendant.
Case Number: D68869
A complaint contained sufficient allegations to support some of the breach of contract claims, and the election of remedies doctrine did not preclude relief.
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