In the October 4, 2011 edition of U.S. Law Week, C. Malcolm Cochran and Jason Rawnsley discuss the scope, procedures, and caseload of the Delaware Superior Court's Complex Commercial Litigation Division, including its implications for the separation of law and equity in Delaware.

It is well established that liability for direct infringement does not depend on the knowledge or intent of the infringer, but that indirect infringement under 35 U.S.C. § 271(c) requires that the accused infringer have knowledge of the infringed patent.

The Senate Judiciary Committee this week voted unanimously to forward the nomination of Richard G. Andrews to the full Senate for confirmation.

On August 30, 2011, the National Labor Relations Board (NLRB) issued a final rule that requires all employers subject to the NLRB's jurisdiction to post a notice informing employees of their rights under the National Labor Relations Act.

Over the past few years, the level of disclosure regarding the work performed by a financial adviser rendering a fairness opinion in connection with an M&A transaction has increased substantially, due in part to decisions of the Delaware Court of Chancery.

In recent months, the Delaware Court of Chancery has issued two opinions, Olson v. ev3, Inc. and Blades v. Wisehart, dealing with the validity of capital stock.

On July 13, 2011, Governor Jack Markell signed Senate Bill 104. This legislation excludes the application of 25 Del. C. § 314(c) to most commercial real estate contracts involving seller financing.

Legislation amending the General Corporation Law of the State of Delaware has been adopted by the Delaware General Assembly and was signed by the Governor of the State of Delaware on July 7, 2011.

Over the last several years, the rise of electronic discovery, the increasing focus of inhouse counsel on business roles, and the increasing complexity of mergers and acquisitions have expanded signifi cantly the volume and type of potentially privileged documents created in connection with mergers and acquisitions.

In this article, we discuss the current state of Delaware’s fiduciary disclosure regime and the developments over the last three years.