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Publication Date: 2018-06-20
Practice Area: Corporate Governance
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: Michael A. Pittenger, Jaclyn C. Levy, Jay G. Stirling, and Tyson J. Prisbrey, Potter Anderson & Corroon LLP, Wilmington, DE, attorneys for plaintiff
for defendant: David J. Margules, Elizabeth A. Sloan, and Suzanne O. Lufadeju, Ballard Spahr LLP, Wilmington, DE; William B. Igoe, Ballard Spahr LLP, Philadelphia, PA, attorneys for defendant.
Case Number: D68182
Directors' demand for transfer of stock ownership and repayment of personal loan in exchange for agreeing to ratify defective corporate acts constituted breach of fiduciary duty of loyalty.
Publication Date: 2018-06-13
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Slights
Attorneys: For plaintiff: Portia Garrett, pro se appellant
for defendant: John J. Ellis, Heckler & Frabizzio, Wilmington, DE, attorney for appellee.
Case Number: D68176
Industrial Accident Board was not obligated to strictly follow evidentiary rules and therefore did not err in denying workers' compensation claim, in part based on hearsay evidence.
Publication Date: 2018-06-06
Practice Area: Contracts | Employment Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Sean A. Meluney and Alan L. Frank for plaintiff
for defendant: Herbert W. Mondros, Diane M. Coffey, Paul N. Silverstein and Brian M. Clark for defendants.
Case Number: D68169
Plaintiff alleged sufficient facts to support his tort and quasi-contract claims, but he was not entitled to recover for breach of good faith and fair dealing.
Publication Date: 2018-06-06
Practice Area: Bankruptcy
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Stark
Attorneys: For plaintiff:
for defendant:
Case Number: D68166
Bankruptcy court was not obligated to make findings of fact and law for district court's final adjudication upon denial of defendant's summary judgment motion on core claim in adversary proceeding, since denial did not constitute a final adjudication outside of the bankruptcy court's constitutional authority.
Publication Date: 2018-05-02
Practice Area: Bankruptcy
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: U.S. Bankruptcy Court
Judge: Judge Shannon
Attorneys: For plaintiff: Michael R. Nestor, Peter M. Gihuly and Andrew R. Gray for Jumio Acquisition; Adam G. Landis, Shanti M. Katona and George W. Shuster, Jr. for debtors and liquidating trustee
for defendant: Matthew B. Heimann, Charles A. Stanziale, Jr. Steven A. Beckelman, Jeffrey T. Testa and Kate Roggio Buck for Bloso Investments; Leo D. Plotkin, Andrew John Roth-Moore, Christopher C. Cooke, Michael G. Busenkell, Bryan L. Bates, Charles E. Dorkey, III, Thomas F. Driscoll, III, Ian C. Bifferato, Kimberly Gattuso, Todd Charles Schiltz, Michael L. Bernstein, William P. Bowden and “J” Jackson Shrum for remaining parties.
Case Number: D68121
Bankruptcy court determined that a partys state court claims were derivative rather than direct claims, and therefore they belonged to the liquidating trustee.
Law Journal Press | Digital Book
Authors: By Alex Geisler
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Publication Date: 2018-04-04
Practice Area: Contracts
Industry: Consulting | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Carpenter
Attorneys: For plaintiff: John G. Harris and Sean A. Meluney, Berger Harris LLP, Wilmington, DE, attorneys for plaintiff
for defendant: Beth Moskow-Schnoll, Evan W. Krick, and William J. Burton, Ballard Spahr LLP, Wilmington, DE, attorneys for defendant.
Case Number: D68095
Claim for early termination fee not dismissed where reasonableness of estimation of difficult-to-ascertain damages continued to be genuine issue of material fact.
Publication Date: 2018-03-07
Practice Area: Corporate Governance | Mergers and Acquisitions
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: Stuart M. Grant, Mary S. Thomas and Laina M Herbert for petitioners
for defendant: Kevin R. Shannon, Berton W. Ashman, Jr., Christopher N. Kelly, William Savitt, Ryan A. McLeod, An-drew J.H. Cheung, Nicholas Walter and Courtney L. Shike for respondent.
Case Number: D68067
In this statutory appraisal proceeding filed by a minority stockholders following a merger, the court relied on a discounted cash flow analysis to determine share value.
Publication Date: 2018-03-07
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Jack B. Blumenfeld, Michael J. Flynn, John M. Jackson, Matthew C. Acosta, Blake T. Dietrich, Chris-topher J. Rourk, Robert P. Latham, David Folsom and Wasif Qureshi for plaintiffs
for defendant: Philip A. Rovner, Jonathan A. Choa, George I. Lee, Sean M. Sullivan, Rory P. Shea, J. Dan Smith, Mi-chael P. Boyea, Cole B. Richter and Jae Y. Park for defendant.
Case Number: D68065
In this patent litigation matter, the court engaged in claim construction in connection with issues arising in defendants motions for summary judgment.
Publication Date: 2018-02-21
Practice Area: Business Torts | Contractual Disputes
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys: For plaintiff: David W. deBruin, Thomas I. Sheridan, III and Derek Y. Brandt for plaintiff
for defendant: Thomas A. Beck, Rachel E. Horn, Paul J. Vincenti and Elyse C. Pillitteri for defendants.
Case Number: D68051
Plaintiffs theory that defendants engaged in a conspiracy was a sham and the court did not have personal ju-risdiction over non-resident defendants.
Publication Date: 2018-02-21
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Brian E. Farnan, Michael J. Farnan, Peter J. McAndrews, Paul W. McAndrews and Rajendra A. Chiplunkar for plaintiff
for defendant: Colm F. Connolly, Jody Barillare, Brett M. Schuman, Rachel M. Walsh and David L. Simson for defend-ant 2Wire, Inc.; Kenneth L. Dorsney, Paul M. Sykes, Melissa Hotze and Elizabeth J. Rader for defend-ants Adtran Inc. and Zyxel Communications Inc.
Case Number: D68053
In this claim construction matter, the court construed various terms relating to asynchronous transfer mode communications systems.
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