Third Circuit Court of Appeals affirms the recognition of an Australian liquidation proceeding as a foreign main proceeding in In re ABC Learning Centres Limited, n/k/a ZYX Learning Centres Limited.
Financial adviser conflicts, whether arising from prior relationships or from the financial adviser's interest in providing buy-side financing, have been a focus in M&A litigation for several years.
Third Circuit Court of Appeals reaffirms its narrow construction of the doctrine of equitable mootness in In re SemCrude, L.P., et al., Samson Energy Resources Company, et al. v. SemCrude, L.P., et al.
In a 115-page post-trial opinion in In re Trados Inc. Shareholder Litigation, the Court of Chancery found entirely fair the decision to approve a merger in which common stockholders received no consideration.
In the recent legislative session, Delaware took another step to require responsible parties to clean-up contaminated property by enacting environmental lien legislation. Delaware’s new environmental lien statute allows the State’s environmental agency, the Delaware Department of Natural Resources and Environmental Control (“DNREC”), to impose environmental liens on real property to recover its clean-up costs. While not…
Chief Judge Sleet Orders Production of Attorney-Client Privileged Documents Under the Crime-Fraud Exception In Shelbyzyme, LLC v. Genzyme Corporation, C.A. No. 09-768-GMS (D. Del. May 22, 2013), Chief Judge Sleet ordered the plaintiff to produce privileged documents dated between November 2001 and February 2002 related to the revival of a U.S. patent application under the crime-fraud…
Chief Judge Sleet Denies Defendant’s Motion to Stay Pending Inter Partes ReviewIn Davol, Inc. v. Atrium Medical Corporation, C.A. No. 12-958-GMS (D. Del. June 17, 2013), Chief Judge Sleet denied the defendant’s motion to stay pending inter partes review, finding that the three stay factors, taken together, weighed against a stay. Specifically, the…
Magistrate Judge Fallon Recommends Denying Motion to Transfer In Sensus USA Inc. v. Nxegen, LLC, C.A. No. 11-1000-SLR-SRF (D. Del. June 14, 2013), Magistrate Judge Fallon recommended that the Court deny the defendants’ motion to transfer and motion to dismiss. First, the Court concluded that since a Connecticut action filed on July 29, 2011 and the…
Judge Robinson Dismisses for Lack of Subject Matter JurisdictionIn Walker Digital, LLC v. Expedia, Inc., et al., C.A. No. 11-313-SLR (and related C.A. Nos. 12-140-SLR, 12-141-SLR and 12-142-SLR) (D. Del. June 19, 2013), Judge Robinson granted certain defendants’ motion to dismiss for lack of subject matter jurisdiction. The settlement agreement of an earlier action between plaintiff…
Judge Robinson Rules on Motions to Strike or ExcludeIn Invista North America S.A.R.L. et al. v. M&G USA Corporation et al., C.A. No. 11-7007-SLR-CJB (D. Del. June 25, 2013), Judge Robinson ruled on three pending motions to strike or exclude testimony. First, the Court granted in part and denied in part the plaintiffs’ motion to strike…