On March 7, 2019, the U.S. Department of Labor (DOL) announced its highly anticipated proposal for a new overtime rule in its Notice of Proposed Rulemaking: Overtime Update (NPRM). This proposal would raise the overtime salary threshold required to qualify for the Fair Labor Standard Act’s “white collar” exemption from $23,660 to $35,308 per year. The…

Stockholder plaintiffs increasingly are attempting to challenge M&A transactions through alleging disclosure deficiencies based on an examination of corporate books and records. This puts added pressure on the preparation of minutes and other corporate books and records.…

Please click on the links below to view videos of Richards Layton attorneys and their takeaways from the various panels at SFIG Vegas 2019.  This list will be continually updated during the conference. Eric A. Mazie discusses takeaways from the “Fireside Chat– Michael Lewis & Barrett Burns, VantageScore” Marisa A. Terranova Fissel discusses takeaways from the “Women…

Last week a jury awarded a Delaware worker, Autumn Lampkins, $25,000 in compensatory damages and $1.5 million in punitive damages against her employer, a fast-food restaurant franchisee. The lawsuit, filed in Delaware District Court, claimed that Ms. Lampkins’ supervisors and co-workers made it difficult for her to pump breast milk during her shift. This ultimately led…

In The GWO Litigation Trust v. Sprint Solutions, Inc., C.A. No. N17C-06-356 PRW CCLD, Judge Wallace granted in part and denied in part defendant Sprint Solutions, Inc.’s (“Sprint”) motion to dismiss certain counts of the complaint and plaintiff General Wireless Organization Litigation Trust’s (“GWO Trust”) partial motion to dismiss Sprint’s counterclaims and third party Sprint e-Wireless’s…

On November 7, 2018, Judge Johnston concluded a multi-week jury trial in Incyte Corporation v. Flexus Biosciences, Inc. et al., C.A. No. N15C-09-055 MMJ CCLD. The trial began on October 22, 2018, and the case was one of the largest cases tried to a verdict in the history of the CCLD. Although the plaintiff had originally…

In SARN Energy LLC v. Tatra Defense Vehicle A.S., C.A. No. N17C-06-355 EMD CCLD (Nov. 5, 2018) (“SARN II”), Judge Davis considered a motion to dismiss counterclaims raised by Tatra Defence Vehicle a.s. SARN II arises from the same transaction as SARN I. The counterclaims included two claims for breach of contract: failure to disclose tax…

The Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”) was very busy in the last quarter of 2018. The division handled large trade secret cases, issued decisions in complex contract actions, and continued as a preferred venue for resolving commercial insurance disputes.

In AR Capital, LLC v. XL Specialty Insurance Co., et al., C.A. No. N16C-04-154 WCC CCLD, Judge Carpenter resolved several case dispositive motions filed as part of contentious litigation between AR Capital, LLC, intervenor VEREIT, Inc., and several insurers. In 2011, VEREIT and AR Capital entered into an Acquisition and Capital Services Agreement and a Management…