Recent News

Delawareans Hit Back at US Chamber-Backed Study Downgrading State's Courts

By Tom McParland |

Delaware attorneys this week took aim at a new report from a study group backed by the U.S. Chamber of Commerce that showed Delaware losing its long-held status as the best climate for handling corporate lawsuits, rejecting assertions that the state was losing favor with businesses.

R. Stephen McNeill

Judge Requires Successor Agent to Produce Documents in Possession of Predecessor

By R. Stephen McNeill |

U.S. Bankruptcy Judge Mary Walrath of the District of Delaware followed a growing line of precedent in ordering Wilmington Savings Fund Society FSB, as successor collateral and administrative agent under a term loan facility with TSA Stores Inc. and certain of its affiliates (the debtors), to produce documents in the possession of its predecessor agent.

Are the Chancery and Supreme Court Parting Ways on Del. Business Law in Wake of Personnel Change?

By Tom McParland |

As the Delaware judiciary emerges from a period of unprecedented turnover, the state Supreme Court is overturning Chancery Court decisions at a rate not seen in years, a significant departure for two courts known for their consistency when it comes to deciding matters of corporate and commercial law.

Judge: Del. Vacancies a Reason for Transfer of Apple Infringement Suit to Calif.

By Tom McParland |

A federal judge in Delaware on Sept. 15 cited the district's depleted bench as a reason for transferring a patent infringement suit against Apple Inc. to California, saying the case would have put an undue burden on an already overworked court.

patent

In Win for Patent Owners, PTAB Clamps Down on Repeat Attacks

By Scott Graham |

The Patent Trial and Appeal Board will no longer tolerate multiple, serial petitions for inter partes review that target the same patent claims.

Chief Judge Leonard Stark of the United States District Court for the District of Delaware.

Stark Sets Venue Guidelines for Del. IP Cases in Wake of 'TC Heartland'

By Tom McParland |

For the first time since the U.S. Supreme Court's landmark ruling in TC Heartland, the chief judge of Delaware's district court this week said that companies must have a permanent and physical presence in the state to be sued for patent infringement.

P. Clarkson Collins Jr.

High Court Clarifies Role of Deal Price in Appraisal Fair Value Determination

By P. Clarkson Collins Jr. |

Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation.

Planning for the Suddenly Wealthy: Call in the SWATT Team

By Jonathan Rikoon and Steven Olenick |

Coming into money can be both a blessing and a curse. Special attention from a team of professional advisors can avoid negative consequences from the windfall.

Philip R. Shawe is an owner and the innovation behind the largest translation company TransPerfect. (wikimedia)

Shawe Looks to Federal Courts in Bid to Block Looming TransPerfect Sale

By Tom McParland |

As the court-ordered sale of TransPerfect Global Inc. nears the finish line, company co-founder Philip R. Shawe is showing no signs of relenting in his years-long fight to keep the profit-turning translation-services company off the auction block.

Gregory Sleet

Sleet Strikes Patents in Suit Over Respiratory Treatment

By Tom McParland |

A Delaware federal judge on Tuesday extinguished Mallinckrodt Pharmaceuticals' patent infringement suit against industrial gases company Praxair Inc., striking five of the Irish drugmaker's patents for its INOMAX respiratory treatment system as invalid and ruling that Praxair had not infringed on five more.

Food for Thought: Supermarket, Grocer and Distributor Chapter 11 Filings

By Edward E. Neiger |

This article focuses on filings in the grocery and food distribution sector as companies struggle in the face of pricing fluctuations and increasing online competition. The column delves into the bankruptcy proceedings of Central Grocers, Rupari Food Services and Marsh Supermarkets.

Tom Carper (D-DE), left, and Chris Coons (D-DE), right.

White House Vetting Del. Senators' Picks for District Court Seats

By Tom McParland |

President Donald Trump is expected in the coming weeks to announce his nominees for two openings on Delaware's federal bench, as his administration vets three candidates forwarded by the state's two Democratic senators.

Barry M. Klayman and Mark E. Felger

Bankruptcy Court Predicts Del. Will Recognize Existence of De Facto LLCs

By Barry M. Klayman and Mark E. Felger |

In a case characterized as a "matter of great local interest," Bankruptcy Judge Kevin Gross determined a question of much wider interest to practitioners: whether a contract was void ab initio because the Delaware limited liability company that executed it had not yet been formed.

Andre Bouchard, Chancellor of the Chancery Court of Delaware.

Bouchard Won't Speed TransPerfect Appeal as Sale Nears Completion

By Tom McParland |

The Delaware Court of Chancery has refused to expedite an appeal because it could delay the court-ordered sale of a profitable translation-services company.

Chiangmai, Thailand, - July 21, 2017 : hand holding iPhone6s and using Uber app on road with car, Uber is smartphone app based transportation network

With Uber’s New CEO Selected, Will Legal Department See Less Disruption?

By Stephanie Forshee, David Ruiz and Jennifer Williams-Alvarez |

The choice of a new CEO for Uber means a new GC could be appointed soon. That new GC will face numerous challenges at the helm of the troubled company's legal function.

Uber headquarters, located at 1455 Market St. in San Francisco, CA.

Action to Oust Kalanick From Uber Board Sent to Arbitrator

By Tom McParland |

A Delaware Court of Chancery judge on Wednesday sent to an arbitrator Benchmark Capital Partners' lawsuit seeking to oust Travis Kalanick from Uber Technologies Inc.'s board, avoiding for the moment a public battle over the former CEO's acquisition of three new board seats.

patent

'Waive' Goodbye: Developments in Patent Litigation

By Roy H. Wepner |

The seemingly endless war between certain types of patent owners (often socalled "nonpracticing entities" or NPEs) and certain types of defendants (typically corporations perceived to have deep pockets) has been fought on many fronts over the last decades.

Gregory Sleet

Despite Federal Circuit Decision, US Judge in Del. Bounces Patent Suit

By Tom McParland |

A Delaware federal judge on Tuesday ordered a patent infringement case involving two Finnish companies transferred out of the Delaware district court, in an unusual ruling that diverged from one issued by the U.S. Federal Circuit Court of Appeals.

Chiangmai, Thailand, - July 21, 2017 : hand holding iPhone6s and using Uber app on road with car, Uber is smartphone app based transportation network

Kalanick Says Uber Investors' Complaint Must Be Heard in Private Forum

By Tom McParland |

Attorneys for former Uber Technologies Inc. CEO Travis Kalanick on Monday filed to move a public battle over control of the ride-hailing company's board into a confidential arbitration, saying in a Delaware court filing that an investor lawsuit seeking to oust him from the board violated corporate agreements and threatened to harm the company.

Travis Kalanick, co-founder and chief executive officer of Uber Technologies Inc., gestures as he speaks during a Bloomberg Television interview in Hong Kong, China, on Thursday, July 17, 2014. As Uber disrupts the transportation market around the world, Kalanick said he sees a huge amount of growth for the car-booking service in Hong Kong. Photographer: Brent Lewin/Bloomberg *** Local Caption *** Travis Kalanick.

Hearing Set, Benchmark Hits Kalanick's Steps to Control Uber Board

By Tom MCParland |

A Delaware Court of Chancery judge on Thursday set an Aug. 30 hearing date for Travis Kalanick's motion to dismiss an investor lawsuit seeking to oust him from the Uber Technologies Inc.'s board, as Benchmark Capital Partners continued to step up its attack on the ride-hailing company's ousted CEO.

Robert Greco

Questions Raised on Required Clarity of Disclosures in SEC Filings

By Robert B. Greco |

Two recent decisions of the Delaware Court of Chancery separated by only two weeks took seemingly contradictory positions regarding the extent to which corporate disclosures must be made clear in proxy statements and other SEC filings.

Brett McCartney

Chancery Declines Applying 'Garner' Exception to Privileged Documents in Books-and-Records Action

By Brett M. McCartney |

The Delaware Court of Chancery has declined to compel the production of attorney-client privileged documents in a books-and-records action.