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K&L Gates Represent Honeywell in Breach of Supply Agreement for Millions of Nitrile Gloves

"The nature and timeline of each S2S-manufactured deadline demonstrates that S2S was acting unreasonably with respect to issues that it had failed to show present health or safety concerns," according to Honeywell's complaint filed by attorneys with K&L Gates.
5 minute read

Delaware Business Court Insider

How the FTC's Noncompete Ban Would Change Delaware Law

If the final rule is upheld, Delaware's approach to employment-related restrictive covenants will change significantly.
3 minute read

Corporate Counsel

Are Companies Given Deferred-Prosecution Deals Scared Straight? Boeing Odyssey Adds to Doubts

"Stronger compliance is needed to actually fix entrenched misconduct," said Brandon Garrett, author of "Too Big to Jail: How Prosecutors Compromise With Corporations."
7 minute read

Delaware Business Court Insider

Delaware Supreme Court Affirms AMC Shareholder Settlement Over Stock Split

Counsel for AMC said court interference might hinder the possibility of the Chancery court ever again certifying a shareholder class that didn't vote unanimously on an issue.
3 minute read

Law.com

Federal Judge Certifies Class Action Claiming $31M in CITGO Pension Underpayments

"We are very pleased the court granted class certification to more than 1,700 CITGO employees and pensioners in this important ERISA case," one of the plaintiffs' counsel, Michelle C. Yau, chair of Cohen Milstein's ERISA practice, said in a statement. "This ruling and the court's recent order denying summary judgment pave the way for the class claims to move forward to trial and affirm our confidence that our clients will prevail."
4 minute read

Delaware Business Court Insider

Del. Exclusive Forum Selection Clause Does Not Bind Contracting Party's Managers, Principals, Owners Who Do Not Directly Benefit From Contract

Parties to transaction agreements often choose Delaware as the exclusive forum for disputes arising out of their transactions. This is common, where the parties are from diffuse geographic locations, but desire a single forum well-versed in corporate and commercial law—like Delaware—to resolve their disputes.
5 minute read

Daily Report Online

'If That's Not Exoneration, I Don't Know What Is': Aircraft Industry Attorneys Debate Trade Secrets, Liability Clause At Eleventh Circuit

"If this clause is enforced, Boeing will be exonerated for 99% of the claims under MUTSA," plaintiff counsel against Boeing Laurie Webb Daniel argued to the Eleventh Circuit on Tuesday. "If that's not exculpatory or exoneration, I don't know what is."
6 minute read

Law.com

Judge Allows Grainger to Recoup $1.5M From Former Exec's Incentive Package Following Conviction

Grainger was granted recoupment against its former vice president of total rewards, Scott Witz, for $1.38 million in incentive awards and $292,692 in cash incentive payments, for compensation awarded during a period he used his company-issued laptop to allegedly possess child pornography, according to the opinion.
4 minute read

Delaware Business Court Insider

Court of Chancery Grants Special Litigation Committee's Dismissal of 'Carvana' Derivative Action

In re Carvana Stockholders Litigation is another example of a board successfully employing this process to discontinue a derivative suit after directors weighed the pros and cons and made a good faith business judgment to dismiss.
6 minute read

Delaware Business Court Insider

Chancery Court Emphasizes Nexus Between Unclean Hands Defense and Asserted Claims

In Pilot v. Greg Abel, Vice Chancellor Morgan T. Zurn granted a motion to strike the defenses of unclean hands and in pari delicto because the defenses lacked a sufficient nexus to the contractual claims asserted by the plaintiff.
8 minute read

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