Avoid Creating Fiduciary Duties When Eliminating Liability

Members of a limited liability company often take advantage of the contractual flexibility afforded by the LLC Act to modify fiduciary duties and liabilities. However, eliminating fiduciary duties and, at the same time, limiting the liability of a person for breaches of fiduciary duty can lead to difficult interpretive questions.

Delaware LLC & Partnership Law Update

The Delaware General Assembly has recently enacted legislation amending the Delaware Limited Liability Company Act, the Delaware Revised Uniform Partnership Act and the Delaware Revised Uniform Limited Partnership Act.

Intellectual Property – Pleadings

Judge Robinson Rules on Motions Arising from Pleadings in Related Cases In CyberFone Systems, LLC v. Cellco Partnership, C.A. Nos. 11-827 through 835 (D. Del. Apr. 30, 2012), Judge Robinson ruled on a number of motions brought by defendants in these related cases. Judge Robinson denied a motion to sever for improper joinder brought on the…

Delaware Intellectual Property Law Update

In the last few months, the United States District Court for the District of Delaware has issued a number of decisions of note in the intellectual property area.

Intellectual Property – Miscellaneous

Judge Stark Denies Plaintiff’s Request to Reargue Its Motion in LimineIn ICU Medical, Inc. v. Rymed Technologies, Inc., C.A. No. 07-468-LPS (D. Del. May 4, 2012), Judge Stark denied plaintiff’s motion requesting reargument of its motion in limine to preclude non-infringement arguments and evidence on elements already deemed literally present in the modified product.…