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National Law Journal

SCOTUS Bound? After Appellate Ruling, What's Next in 340B Drug Discount Cases?

The statutory question at the center of the appeals could create a circuit split that brings the issue to the U.S. Supreme Court, said one court watcher.
7 minute read

Delaware Business Court Insider

The Fragile State of Noncompetes in Delaware

The enforceability of restrictive covenants, both in Delaware and across the country, is an issue in a state of flux. A recent decision by the Delaware Court of Chancery serves to highlight the court's hesitance to enforce noncompetes in Delaware and the rule recently proposed by the FTC would eliminate noncompetes entirely.
5 minute read

Delaware Business Court Insider

Court of Chancery Rules That Corporate Officers Have a Duty of Oversight Within Their Corporate Area of Responsibility

While the Stone v. Ritter decision only recognized the oversight duties of directors, three years later, the Delaware Supreme Court ruled that "the fiduciary duties of officers are the same as those of directors." See Gantler v. Stephens, 965 A.2d 695, 709 (Del. 2009).
6 minute read

Daily Business Review

Erosion of the Rule of Law: A Growing Enemy for Ethics and Compliance in LatAm

In a post-pandemic world, the rule of law is universally losing ground. This represents a threat to the corporate realm, which struggles daily to make ethics and compliance a priority.
5 minute read

Law.com

Federal Judge Rejects 'Pay-as-You-Go Software' Developer's Motion for Preliminary Injunctive Relief Against Wholesaler

"Relative to the first alleged breach, and as explained in more detail in the factual background, Shaw's and Nagel's communications with Nixer Comp were efforts to promote and pitch the PayGo software as the best solution to meet Nixer Comp's needs. They did not divulge, let alone transfer, confidential or proprietary information of the PayGo software or of PayGo, LLC during the April 2020 meeting or in other communications with Nixer Comp or MIS," Cabell wrote.
3 minute read

Legaltech News

Legal Department Processes Aren't Keeping Up With Rising Legal Tech Demand

While more in-house attorneys and general counsel depend on legal technology, traditional procurement processes, and an abundance of tools, is slowing down adoption, according to the Legal 500 Global Edition of GC: In-House Tech Survey 2023.
4 minute read

Delaware Business Court Insider

Chancery Court Sustains M&A Fraud Claims Based on Near-Term Financial Projections

In recent years, litigation over financial projections has increased in frequency. These claims, sometimes involving allegations of fraud, are typically decided by the Delaware Court of Chancery or the Delaware Superior Court's Complex Commercial Litigation Division.
7 minute read

Delaware Business Court Insider

Delaware Supreme Court Delivers Resounding Reversal of Chancery Court Ruling in 'Boardwalk Pipeline Partners'

'Twas the week before Christmas, and the Delaware Supreme Court delivered an early present to Loews Corp.: a resounding reversal of a 2021 Delaware Court of Chancery ruling excoriating the entire process through which Boardwalk Pipeline Partners' general partner took the company private and awarding the plaintiff investors with nearly $700 million in damages, plus interest.
10 minute read

Delaware Business Court Insider

Chancery Limits Enforceability of 'Reasonable' Restrictive Covenant Agreements Under Delaware Law

Restrictive covenants—like noncompetition and nonsolicitation provisions—are common. A recent decision by the Delaware Court of Chancery is important to understanding how restrictive covenants can be used and makes clear that the covenant cannot be overly broad, even if the parties have agreed that it is "reasonable."
4 minute read

Delaware Business Court Insider

Del. High Court Overturns Landmark Chancery Ruling in 'Boardwalk Pipeline Partners'

Delaware's Supreme Court unanimously overturned a landmark Chancery Court judgment holding a general partner liable for exercising an option to cash out minority holders in bad faith reliance on a "contrived" legal opinion.
8 minute read

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