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…
Judge Stark Issues His Findings of Fact and Conclusions of Law After a Bench TrialIn Power Integrations, Inc. v. Fairchild Semiconductor International, Inc., et al., C.A. No. 08-309-LPS (D. Del. Apr. 25, 2013) (unsealed on May 3, 2013), after the Court held a bench trial on inequitable conduct and post-trial briefs were filed, Judge Stark issued…
The term "sandbagging" has been used generally in the M&A context to refer to the buyer's assertion of post-closing claims for breach of representation and warranty despite its pre-closing knowledge that the seller's representations or warranties were not true and correct when made.
In the latest of a series of decisions addressing conflict of interest transactions involving Delaware limited partnerships, the Delaware Supreme Court once again confirmed that clear, express and unambiguous language modifying default fiduciary duties will be enforced.
A recent Delaware Court of Chancery opinion upholding forum-selection provisions in corporate by-laws against facial challenges should be of interest to registered investment companies organized in Delaware or considering relocating to Delaware.
The Delaware Supreme Court provided helpful guidance on the operation of the conclusive presumption of good faith in master limited partnership agreements in three recent decisions: Brinckerhoff v. Enbridge Energy, Norton v. K-Sea Transportation Partners L.P., and Gerber v. Enterprise Products Holdings LLC.
On June 27, 2013, Governor Markell signed into law House Bill No. 92, as amended, which allows for alternative means of establishing security deposits for residential tenants.
The Delaware General Assembly has recently enacted legislation amending the Delaware Limited Liability Company Act, the Delaware Revised Uniform Limited Partnership Act and the Delaware Revised Uniform Partnership Act.
Last week, Governor Jack Markell signed a bill into law that protects individuals in Delaware from discrimination on the basis of gender identity or expression.