Arbitration in the Delaware Court of Chancery
On January 5, 2010, the Court of Chancery adopted new rules providing for Chancery arbitration pursuant to a Delaware statute permitting Delaware’s Chancery judges to act as private arbitrators.
Delaware Real Estate Law Update: Street Connections Through Age-Restricted Communities
On May 19, 2011, Governor Markell signed Senate Bill No. 9, as amended. This legislation prohibits the Delaware Department of Transportation from accepting as a public street certain roads that will connect to an existing road system in a community restricted to age 55 or older.
Delaware Employers Urged to Review and Revise Employment Policies and Compensation Plans in Light of Delaware’s Recently Enacted Civil Union and Equality Act
Recently, Delaware Governor Jack Markell signed the Civil Union and Equality Act of 2011 legalizing civil unions for same-sex couples in the state.
Dispute Resolution 2011: Delaware
The Delaware judicial system consists of the Supreme Court, Court of Chancery, Superior Court, Family Court, Court of Common Pleas and Justice of the Peace Courts.
Court of Chancery Clarifies the Reach of Revlon in Mixed Consideration Deals
Despite the abundance of case law, whether Revlon applies in any given case remains the subject of much debate. While the Delaware Supreme Court has not had occasion to address the issue, the Delaware Court of Chancery is beginning to apply Revlon’s heightened reasonableness review more frequently in mixed-consideration transactions.
“Don’t Say They Didn’t WARN You”: Bankruptcy Court’s High Threshold for Corporate Affiliates’ WARN Act Liability
In two recent decisions, the Delaware Bankruptcy Court rejected the imposition of WARN Act liability on corporations affiliated with debtors.
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 – Summary Judgment
Judge Stark Denies Motions for Summary Judgment In Leader Technologies, Inc. v. Facebook, Inc., C.A. No. 08-862-LPS (D. Del. Mar. 14, 2011), Judge Stark denied defendant Facebook, Inc.’s motions for summary judgment of non-infringement and for invalidity based on anticipation and the on-sale bar. The Court concluded that the parties’ expert witnesses advanced detailed and…
Intellectual Property – Miscellaneous
Judge Stark Denies Intervenor’s Motion for Reconsideration or Reargument In LD Display Co., Ltd. V. AU Optronics Corporation, et al., C.A. No. 06-726-LPS (D. Del. Feb. 14, 2011), Judge Stark denied intervenor Anvik Corporation’s motion to reconsider an order that denied its request to modify the protective order to allow Anvik access to certain sealed…
Intellectual Property – Transfer
Chief Judge Sleet Denies Defendants’ Motion to Transfer Venue In Apple Inc. v. High Tech Computer Corp., et al., C.A. No. 10-544-GMS (D. Del. Jan. 18, 2011), Apple Inc. filed a patent infringement action against High Tech Computer Corp., a/k/a HTC Corp., HTC (B.V.I.) Corp., HTC America, Inc. and Exedea, Inc. (collectively, “HTC”) alleging that…