2012 Amendments to the General Corporation Law of the State of Delaware
Legislation amending the General Corporation Law of the State of Delaware was adopted by the Delaware General Assembly and was signed by the Governor of the State of Delaware on June 29, 2012.
Delaware Statutory Trusts and Shareholder Derivative Actions: Recent Delaware Cases Provide First Rulings on the Law
This article will discuss recent Delaware case law addressing derivative actions involving registered investment companies organized as Delaware statutory trusts.
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.
Amendments to the Delaware Statutory Trust Act Enacted
The Delaware General Assembly has recently enacted legislation amending the Delaware Statutory Trust Act.
Delaware Chancery Court Questions Use of Advance Notice Bylaw
In HealthCor Management v. Allscripts Healthcare Solutions, the Court of Chancery made a few noteworthy observations regarding the use — and potential limitations — of advance notice bylaws.
Intellectual Property – Transfer
Judge Andrews Grants Severance And Denies Motion to TransferIn Investpic, LLC, v. SAS Institute, Inc., C.A. No. 10-1028-RGA (D. Del. May 15, 2012), Judge Andrews denied a motion to transfer and granted a motion to sever. Plaintiff had originally filed a complaint against 15 defendants for patent infringement. First, Judge Andrews concluded that the movant had…
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.…