Ousted Founder Brings Claims Against Corporate Insiders

In Ogus v. SportTechie, C.A. No. 2018-0869-AGB. (Del. Ch. Jan. 31, 2020), the Delaware Court of Chancery refused to dismiss portions of seven claims brought by the jilted founder of SportTechie Inc. against corporate insiders and investors related to his removal from office and the purported repurchase of his equity stake in the company.…

Attorney Takeaways from SFVegas 2020

Please click on the links below to view videos of Richards Layton attorneys and their takeaways from the various panels at SFVegas 2020.  This list will be continually updated during the conference. Jesse Miller discusses the opening remarks and takeaways from “2020 Elections: What to Expect, and What They Could Mean” at SFVegas 2020. Eric Schwartzman…

Judge Carpenter Orders New Trial on Damages in Fraudulent Misrepresentation Case and Clarifies Availability of “Benefit-of-the-Bargain” Damages in Fraud Case

In LCT Capital, LLC, v. NGL Energy Partners LP and NGL Energy Holdings, LLC., C.A. No. 15C-08-109 WCC [CCLD], defendants NGL Energy Partners LP and NGL Energy Holdings, LLC purchased a company and plaintiff LCT Capital, LLC played a pivotal role in facilitating the acquisition. Accordingly, LCT Capital sought a substantial fee for its services, representing…

Judge LeGrow Dismisses Breach of Contract and Trade Secret Claims for Failure to Comply with Statute of Limitations

In Ocimum Biosolutions (India) Ltd. v. AstraZeneca UK Ltd., C.A. No. N15C-08-168 AML CCLD, defendant AstraZeneca entered a three-year subscription agreement with plaintiff Ocimum. The contract permitted AstraZeneca to access Ocimum’s biological database, but required the company to return or destroy all unreserved data at the end of the term. After the agreement expired, Ocimum suspected…

Special Master Boyer Grants Motion to Compel, Allowing Broad Discovery

In Smart Sand, Inc. v. US Well Services LLC, C.A. No. N19C-01-144 PRW [CCLD], Special Master Boyer granted a defendant/counterclaim plaintiff’s motion to compel several requests for production (“RFPs”), with certain limitations. The instant dispute traced its origins back to the plaintiff/counterclaim defendant’s motion to dismiss. There, Judge Wallace had allowed the defendant/counterclaim plaintiff’s contract claims…

Complex Commercial Litigation Update

The fourth quarter of 2019 was a busy one for the Superior Court’s Complex Commercial Litigation Division. The court issued two post-trial opinions, one of which involved a novel issue of fraud damages. The court also continued its handling of complex trade secrets disputes.

Judge Davis Dismisses Indemnification Claims Upon Reconsideration

In Winshall v. Viacom International Inc., C.A. No. N15C-06-137 EMD CCLD, Judge Davis granted the defendant’s motion for reconsideration of the court’s prior summary judgment decision. This suit arose from the merger of Harmonix Music Systems with Viacom International Inc. The plaintiff, Walter Winshall, was a former shareholder of Harmonix and filed suit, raising three claims…

Judge Wallace Disqualifies Counsel

In Sun Life Assurance Company of Canada v. Wilmington Savings Fund Society, FSB, C.A. No. N18C-08-074 PRW CCLD, Judge Wallace granted a motion to disqualify brought by defendant Wilmington Savings Fund Society, FSB (“WSFS”). Although the plaintiff’s counsel, Cozen O’Connor, had been longtime counsel for WSFS, this was not the conflict on which WSFS moved to…

A Conversation with the First Women to Lead Two of Delaware’s Largest Firms

When Kathleen Furey McDonough was elected chair of Potter Anderson and Corroon LLP’s executive committee in 2018, she became the first woman to lead a major Delaware firm. Doneene K. Damon, elected president of Richards, Layton, and Finger, P.A., in 2019, became the first African American woman in Delaware to serve in that role. Neither thought…