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New Jersey Law Journal

Failure to Communicate: Why Better Tech Doesn't Mean Better Communication

Ironically, the ease of instantaneous written communications today has arguably not always resulted in enhanced communication.
8 minute read

Delaware Business Court Insider

Covenant Not to Sue for Loyalty Breaches in an Agreement Among Stockholders May Operate Within the Space for Fiduciary Tailoring

In New Enterprise Associates 14. v. Rich, the Delaware Court of Chancery ruled that a covenant not to sue for breach of fiduciary duties in connection with the exercise of a drag-along provision to approve a merger or sale contained in a voting agreement among sophisticated stockholders in a Delaware general corporation was not facially invalid.
4 minute read

Law.com

Class Action Alleges P&G's Febreze Car Vent Clips Leak and Cause Damage to Vehicle Surfaces

This complaint was first surfaced by Law.com Radar.
4 minute read

Delaware Business Court Insider

Court of Chancery Address Scope of Privilege Concerning Third-Parties

In this stockholder derivative action, the plaintiff claimed that the defendants—members of Tesla's board of directors—breached their fiduciary duties by awarding themselves excessive and unfair compensation between 2017 and 2020.
8 minute read

Delaware Business Court Insider

Shareholders in Pipeline Company Win Claim for Disclosure Breach in Case Over Merger Talks

The litigation was said to have resulted in one of the largest shareholder verdicts in Delaware history.
5 minute read

Daily Business Review

Wake Up Out-of-State Corporations, New Basis for Personal Jurisdiction Just Dropped: 'Registration' Jurisdiction

The court's majority rejected the argument that such an assertion of jurisdiction violated the company's due process rights in a case that will have ramifications for companies doing business nationwide, including in the state of Florida.
10 minute read

Law.com

Vera Bradley Sues Urban Outfitters Over Use of Copyrighted 'Painted Feathers' Print

This complaint was first surfaced by Law.com Radar.
3 minute read

The Legal Intelligencer

The Burden of Commercial Reasonableness Following a Default

Article 9 of the Uniform Commercial Code (UCC) governs secured transactions, and Part 6 of this article governs the rights and duties of the parties in the event of default. In the event of default by a debtor, a secured party may repossess the collateral and dispose of it through a sale, lease, license, or other form of disposition.
7 minute read

Delaware Business Court Insider

Chancery Cautions Against Overzealous Redactions in Books and Records Productions

In Ontario Provincial Council of Carpenters' Pension Trust Fund v. Walton, Vice Chancellor Laster mostly denied motions to dismiss claims against officers and directors of Walmart for allegedly causing Walmart to fail to comply with the Controlled Substances Act and a settlement between it and the DEA related to Walmart's handling of opioid prescriptions.
7 minute read

Delaware Business Court Insider

Chancery Holds Covenants Not to Sue for Breach of Fiduciary Duty Are Enforceable Only in Part

The court reasoned that Delaware law permits such covenants, subject to two ifs and one but—and declined to dismiss, reasoning that the covenant at issue was valid but that plaintiffs had adequately pleaded intentional fiduciary misconduct.
8 minute read

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