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Jury Awards $28.6 Million To Wife Of Former White House Lawyer
The ex-wife of former Bush administration lawyer John Michael Farren has been awarded $28.6 million in damages by a Connecticut jury who found him liable for beating her nearly to death at their New Canaan mansion in 2010.
Congress Aims to Curb Trade Fallout From NSA Surveillance
Members of Congress want the Obama administration to demand that U.S. allies back off from proposed restrictions on international data transmissions because they could hurt U.S. companies.
The Global Lawyer: After Donziger Trial, Chevron Can Rest Easy
Publication Date: 2013-12-18 Practice Area: Industry: Court: Judge: Case number:
The $9.5 billion Ecuadorian judgment against Chevron is grounded in fraud. So who cares if Canada's courts aren't hung up on corporate formalities?
Fighting the Fashion Knockoff War
With knockoffs gaining more ground and popularity, design patents are becoming a vital component of a prudent global brand protection strategy. For the first time in a long time, apparel companies seem to have a fighting chance.
One BLT, Please, and Hold the Salmonella
As office parties and company cafeterias proliferate, it's time to examine your company's food-handling policies.
Law Journal Press | Digital Book
New Jersey Business Litigation 2025
Authors: Paul A. Rowe, Andrea J. Sullivan
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Nominal Defendants Can't Count Toward Two-Dismissal Rule
A nominal defendant named solely for the purpose of derivative claims cannot be counted as a defendant for the purpose of the Delaware Court of Chancery's two-dismissal rule, the court concluded in a master's report. The court's decision allowed the plaintiffs, who voluntarily dismissed two lawsuits against the defendants in Maryland, to assert two new counts against the defendants in Delaware.
Bankruptcy Filing Evidence Prejudicial in Merger Case
The Delaware Court of Chancery has refused to reopen the record in a lawsuit filed by shareholders of ambulance service provider Rural/Metro Corp. alleging that company's financial adviser, RBC Capital Markets LLC, aided and abetted Rural/Metro's board members' breach of fiduciary duty in the company's $438 million sale to Warburg Pincus LLC in 2011. Rural/Metro's shareholders sought to include a 2013 declaration by the company's new chief financial officer in a suggestion of bankruptcy filing that the company could not accurately forecast revenue, but the court said permitting the evidence would be prejudicial to the defendants.
Assessing Subject-Matter Jurisdiction in Chancery Court
Many parties seek to litigate in the Delaware Court of Chancery, but it is not always possible to do so. Sometimes the opposite occurs and a party does not wish to litigate in the Chancery, but that party cannot escape the court's jurisdiction.
Clear Violation of Incentive Plan Excuses Presuit Demand
The Delaware Court of Chancery recently set forth, in Pfeiffer v. Leedle, C.A. No. 7831-VCP (Del. Ch. Nov. 8, 2013), a clear explanation of when, in connection with a derivative claim made on behalf of a Delaware corporation, presuit demand upon that corporation's board of directors will be excused.
No Safe Harbor Protection for Triangular Setoff Under Swap Agreement
Does the Bankruptcy Code allow for triangular setoffs in swap and repurchase agreements after commencement of the debtor's bankruptcy case? In Sass v. Barclays Bank (In re American Home Mortgage Holdings), Adv. Proc. No. 11-51851 (CSS) (Del. Bankr. Nov. 8, 2013), the court held that the Bankruptcy Code does not allow parties to set off non-mutual obligations, regardless of whether the agreements are subject to the safe harbor provisions of 11 U.S.C. §§ 559-661.Trending Stories
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