Employers with at least 100 employees (and federal contractors with at least 50 employees and at least $50,000 in contracts with the federal government) must file an EEO-1 form with the Equal Employment Opportunity Commission (“EEOC”). Component 1 of the EEO-1 form requires listing the number of employees by job category, race, sex, and ethnicity. The…

In the context of making a loan secured by commercial real estate, a lender is right to be concerned about environmental contamination at that property, and how it may impact potential liability for cleanup and the value of the property as collateral. According to a survey by Environmental Data Resources (“EDR”), one out of every ten…

In Olenik v. Lodzinski, the Delaware Supreme Court provided further guidance regarding the circumstances under which the deployment of procedural protective devices pursuant to the so-called MFW standard—namely, the transaction’s negotiation and approval by an independent special committee and its adoption by a majority-of-the-minority vote—can operate to restore the presumption of the business judgment rule…

Today, Judge Connolly issued new form patent scheduling orders requiring detailed early disclosure of infringement and invalidity contentions (along with related document productions), which contentions can only be modified for good cause. In doing so, Judge Connolly created two separate scheduling orders—one for cases in which infringement is alleged, and one for cases in which only…

On July 23, 2018, Delaware Governor John Carney signed into law Senate Bill No. 183, which amends the Delaware Limited Liability Company Act (the “DLLCA”). The legislation addresses a number of aspects of a Delaware limited liability company (a “Delaware LLC”); however, the amendments most affecting commercial real estate lending are the creation of a new…

Proposed amendments to the Delaware GeneralCorporation Law would, among other things, addnew provisions relating to documentation of transactionby electronic means, revise the default provisionsapplicable to stockholder notices, includingthose governing appraisal, clarify the timing of unanimousconsents of directors, and make other technicalchanges.…

This update provides short updates on judicial decisions, trends, and notable events in the United States District Court for the District of Delaware, traditionally one of the three busiest jurisdictions for intellectual property litigation.

In TrustID, Inc. v. Next Caller, Inc., No. 18-172-LPS (D. Del. Feb. 25, 2019), Magistrate Judge Burke recommended that the Court deny the defendant’s motion to dismiss the patent infringement claims of the complaint for claiming ineligible subject matter. For the purposes of Alice Step 1, the Court assumed that the patents were directed to…

In Citrix Systems, Inc. v. AVI Networks, Inc., No. 17-1843-LPS (D. Del. Feb. 13, 2019), Chief Judge Stark granted the defendant’s motion to dismiss claims for infringement of two of the four patents-in-suit on the basis that those patents claimed ineligible subject matter. The challenged claims concerned methods for determining when a network service is available.…