The U.S. Department of Labor clarified the definition of "son and daughter" under the Family and Medical Leave Act to ensure that an employee who assumes the role of caring for a child receives parental rights to family leave regardless of the legal or biological relationship to the child.

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In two recent Third Circuit opinions, the Court: (1) en banc overruled the controversial Frenville test and set a new standard as to when a “claim” arises, and (2) found an agreement containing a trademark license not to be executory, with a concurring opinion criticizing those courts following Lubrizol.

Significant amendments to the General Corporation Law of the State of Delaware (DGCL) have been introduced in Delaware’s General Assembly this year.

In In re CNX Gas Corp. Shareholders Litigation, C.A. No. 5377-VCL (Del. Ch. May 25, 2010), the Delaware Chancery Court attempted to clarify the standard applicable to controlling stockholder tender offers and mergers. 

Delaware case law has long discussed the directors' fiduciary duties of care and loyalty to the corporation and its stockholders in absolute terms.

On Monday, May 3, 2010, Governor Markell of Delaware signed into law House Bill 314 amending the Delaware Revised Captive Insurance Company Act.

Legislation was introduced on May 4, 2010 the Delaware General Assembly that would significantly revise the State's "chronic violator" enforcement program.

Nonstock Corporations The General Corporation Law of the State of Delaware (the “DGCL”) has long contained provisions for both corporations authorized to issue capital stock and corporations not authorized to issue capital stock (commonly known as nonstock corporations). Among the proposed 2010 amendments is a comprehensive revision of the DGCL intended to make consistent the DGCL’s…

During the past few months, several cases in the Delaware courts have raised important issues for Delaware corporations and their advisors.