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Delaware Business Court Insider

Delaware Supreme Court Upholds Court of Chancery’s Refusal to Blue Pencil an Unreasonable Covenant Not to Compete

The plaintiff contended that the court should “blue pencil” a contractual noncompete to give the plaintiff the benefit of his bargain, even if the contract was overly broad. The defendant contended that when a party did not negotiate in any way the terms of the covenant not to compete and received minimal consideration in exchange, and the covenants themselves were overly broad, the Court of Chancery has discretion to decline to enforce the covenants entirely.
4 minute read

Daily Business Review

What Will Happen to U.S. Efforts Against Financial Secrecy and Corruption Under Trump’s Leadership?

As the Trump administration takes office in mid-January, the U.S. stands at a pivotal moment in the fight against financial secrecy, financial crimes, and corruption. Experts from the FACT Coalition, Transparency International U.S. and the Foundation for the Defense of Democracies unpacked the critical issues at stake in 2025 in a panel, unveiling the trends to watch.
4 minute read

The Recorder

Ruling Provides Lessons for Investors: Mind Your Business (Affairs)!

In Saunders v. Lightwave Logic, Judge Paul Wallace was faced with a factual scenario that would appear capable of repetition—and often—that ultimately ended with a stockholder’s shares in Lightwave Logic being escheated to the state and sold, despite the reality that the plaintiff’s stock certificate was safely ensconced in a home safe.
6 minute read

Law.com

Insurers Dodge Sherwin-Williams' Claim for $102M Lead Paint Abatement Payment, State High Court Rules

This week, the Ohio Supreme Court unanimously agreed that the abatement fund payment did not constitute "damages" under Sherwin-Williams' insurance contracts.
5 minute read

Corporate Counsel

Recent CEO Shooting Tragedy a Reminder for Corporate Risk Assessment and Incident Response Plans

Given the current state of affairs as well as the overall framework for corporate and director and officer liability, corporations would also do well to ensure they conduct robust risk assessments of officer security and prepare incident response plans to follow in the event the unthinkable happens—whether at a company’s headquarters, other onsite locations, or just in general.
7 minute read

Delaware Business Court Insider

Mind Your Business (Affairs)!

In Saunders v. Lightwave Logic, C.A. No. N23C-05-120 (Oct. 17, 2024), Judge Paul Wallace was faced with a factual scenario that would appear capable of repetition—and often—that ultimately ended with a stockholder’s shares in Lightwave Logic being escheated to the state and sold, despite the reality that the plaintiff’s stock certificate was safely ensconced in a home safe.
6 minute read

Daily Business Review

Nationwide Injunction Halts Corporate Transparency Act Reporting Requirements

"There are two options: You file now and avoid worrying about this later, or you wait and see," said Fabio Giallanza, with Weiss Serota. "But if they reinstate the obligation to file, then, of course, you have to be ready."
4 minute read

Law.com

Baker Botts' Biopharma Client Sues Former In-House Attorney, Others Alleging Extortion Scheme

"They look forward to vigorously litigating these matters in a public forum in the coming weeks and months," said Evan Gotlob, a partner at Lucosky Brookman in New Jersey, denying allegations of wrongdoing against the defendants.
5 minute read

Law.com

State Appellate Court Upholds $149M Punitive Damages Award Against Hyatt

In Dugan v. Hyatt Corporation, the three-judge panel rejected Hyatt's argument that the court shouldn't have supported the punitive damages claims, finding the record showed corporate representatives admitted Dugan was assaulted because the hotel failed to follow its own policies.
4 minute read

The Recorder

Del. Court Holds Stance on Musk's $55.8B Pay Rescission, Awards Shareholder Counsel $345M

The Delaware court listed four main reasons the post-trial decision to rescind Musk's compensation can't be changed.
3 minute read

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