In Bellmoff v. Integra Services Technologies, Inc., C.A. No. N17C-10-312 PRW CCLD, Judge Wallace granted the plaintiffs’ request for attorneys’ fees. The issue arose from an underlying contract dispute previously resolved by Judge Wallace involving a share purchase agreement. In the underlying dispute, Judge Wallace granted a motion for judgment on the pleadings in favor of…

In two consolidated actions, Wilmington – 5190 Brandywine Parkway, LLC v. Acadia Brandywine Holdings, LLC, C.A. No.: N17C-04-60 EMD CCLD, and Wilmington – 5190 Brandywine Parkway, LLC v. Acadia Realty Limited Partnership, C.A. No.: N17C-04-061 EMD CCLD, Judge Davis denied a motion to dismiss after concluding that the record was in need of further development. Defendant…

In Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. Oct. 1, 2018), the Court of Chancery issued what is believed to be the first decision of a Delaware court allowing a buyer to terminate a merger agreement due to the occurrence of a material adverse effect. The dispute arose from Fresenius Kabi AG’s…

On September 4, 2018, Governor John Carney signed into law House Bill No. 353, which amends the legal requirements for a mortgagee to provide public notice of any change in its notice address. Although the legislation, effective when signed, amends the existing law in various respects, the significant changes are as follows: A mortgagee may file…

Because state law applies at the time a transaction is negotiated, the parties might assume — reasonably so — that state privilege law will govern communications with their attorneys and financial professionals. But what happens if, years later, a suit is filed in federal court and brings claims under federal law? Does state privilege law still…

In Almond v. Glenhill Advisors LLC, the DelawareCourt of Chancery provided significant guidanceregarding the circumstances under which it would useits equitable powers under Section 205 of the DelawareGeneral Corporation Law (DGCL) to validate actsthat, due to technical failures in authorization, wouldbe void or voidable (and thus potentially give rise toclaims for rescission or rescissory or other…

On August 29, Governor Carney signed a bill against sexual harassment, effective January 1, 2019, requiring Delaware employers to provide notice and mandatory training to their workers. Read more about this new law in our July 9 alert.…

On July 23, 2018, Delaware Governor John Carney signed into law Senate Bill No. 243 (as amended), which establishes a procedure for striking from a deed or other recorded document a provision that purports to prohibit the sale, rental, occupancy, or other use of real property because of race or other legally protected categories, subject to…

In Ethicon LLC v. Intuitive Surgical, Inc., No. 17-871-LPS (D. Del. June 28, 2018), Chief Judge Stark granted the plaintiffs’ motion to file a second supplemental complaint prompted by the issuance of a certificate of correction to one of the asserted patents. The Court concluded as a general matter that it was not impermissible to supplement…

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.