In Amirsaleh v. Board of Trade, the Delaware Supreme Court held that appellee Board of Trade of the City of New York, Inc. (“NYBOT”) had not validly retracted its previous waiver of a contractual deadline by which its members were supposed to elect the form of consideration they would receive in connection with NYBOT’s 2007 merger with Intercontinental Exchange, Inc.

In Bank of New York Mellon Trust Co. v. Liberty Media Corp., the Delaware Supreme Court held that the split-off of the Capital and Starz business groups following three other major distributions of assets since 2004 did not constitute a transfer of “substantially all” of the assets of Liberty Media Corporation and its wholly owned subsidiary, Liberty Media LLC, under the terms of an indenture.

In Alta Berkeley VI C.V. v. Omneon, Inc., the Delaware Superior Court’s Complex Commercial Litigation Division denied a claim for a liquidation preference by certain former preferred stockholders of Omneon, Inc. in connection with a merger between Omneon and Harmonic, Inc.

Bankruptcy court jurisdiction suddenly has become a hot topic in light of the U.S. Supreme Court's June 2011 opinion in Stern v. Marshall. However, Stern is not the only issue affecting bankruptcy court jurisdiction.

In In re Southern Peru Copper Corp. Shareholder Derivative Litigation, C.A. No. 961-CS (Del. Ch. Oct. 14, 2011), the Court of Chancery awarded $1.263 billion as damages in a derivative action challenging the acquisition by Southern Peru Copper Corporation of another corporation controlled by Southern Peru's controlling stockholder since the Court determined after trial that the controlling stockholder defendants breached their duty of loyalty.

In his first major corporate decision, Vice Chancellor Glasscock dismissed a stockholder derivative action brought against directors and officers of Goldman Sachs.

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.