As contemplated by the Families First Coronavirus Response Act (FFCRA), the United States Department of Labor continues to issue compliance assistance to employers and employees. The DOL, in its most recent updated guidance, adds more questions and answers to include topics such as the extent to which certain small businesses (less than 50 employees) can be…

Intellectual property licenses do not come in one shape and size. Rather, they are often customized based on deliberate decisions of the contracting parties. For example, a patentee may grant a nonexclusive license to commercialize but may restrict the rights granted in another license to research and development activities. Although sublicensing may be permissible, any sublicensee…

As we reported on March 19, 2020, the Families First Coronavirus Response Act (FFCRA) was recently passed to provide paid sick leave and expanded family and medical leave to certain eligible workers for specified reasons related to COVID-19. (Our prior alert can be found here.) The FFCRA goes into effect April 1. This means that those…

To fight the spread of COVID-19, Delaware Governor John Carney, on Sunday, March 22, 2020, issued modifications to the State of Emergency declaration ordering Delaware residents to generally stay at home and closing all non-essential businesses in Delaware. The modifications provide requirements for employers operating an essential business regarding the care and screening of their employees.…

The U.S. District Court for the District of Delaware has announced that the J. Caleb Boggs Courthouse and Federal Building re-opened today, Monday, March 23, 2020, after a deep-cleaning that took place this weekend. Other than the Court’s March 19, 2020 Closure Order, all prior orders and notices relating to the COVID-19 virus remain in effect.…

On March 18, 2020, President Donald Trump signed into law the Families First Coronavirus Response Act (the “Act”), to provide eligible workers with guaranteed paid sick and family leave and additional resources. Employers will initially pay for the sick and family leave, but eligible employers will be reimbursed by the federal government through refundable tax credits…

Having been informed that an attorney who recently appeared before the Court has tested positive for COVID-19, the U.S. District Court for the District of Delaware has closed the J. Caleb Boggs U.S. Courthouse and Federal Building until further notice. The Court’s Case Management/Electronic Case Filing remains available. The order can be found here.…

In light of the exigent circumstances created by COVID-19, the U.S. District Court for the District of Delaware has issued standing orders regarding Court operations and access. Key points of the orders include: The District of Delaware will remain open. All case deadlines set by Federal or Local Rule or Court Order remain in effect, although…

In the highly anticipated decision of Salzberg v. Sciabacucchi, No. 346, 2019 (Del. Mar. 18, 2020), the Delaware Supreme Court, reversing the Delaware Court of Chancery’s decision, confirmed the facial validity of provisions in the certificates of incorporation of Blue Apron Holdings, Inc., Stitch Fix, Inc., and Roku, Inc. requiring all claims under the Securities Act…

In light of the fact that boards of Delaware corporations may have declared dividends before the current crisis arose, we understand that they may be reassessing whether to proceed with payment. While there are many cases indicating that the declaration of a dividend generally creates a debtor-creditor relationship between the corporation and its stockholders that cannot…