Delaware’s General Assembly passed House Bill 360, which broadens protections for Delaware workers against sexual harassment. The bill is aimed at combatting sexual harassment in the workplace while ensuring the safety and dignity of all Delaware workers, including state employees, unpaid interns, applicants, joint employees, and apprentices. H.B. 360 applies to all Delaware employers with four…

The Delaware legislature recently passed the Delaware Workers Adjustment and Retraining Notification Act (the “Act”), which is the state’s version of the federal Worker Adjustment and Retraining Notification Act (“federal WARN Act”). It awaits the Governor’s signature. The Act requires certain employers to provide 60 days’ advance written notice prior to an employment loss due to…

The #MeToo movement has sparked worldwide attentionwith its efforts to bring awareness and an end to sexual assault andharassment. The apparent impact can be seen not only in Hollywood butalso right here in Delaware with the passage of House Bill 360, whichbroadens protections for Delaware workers against sexual harassment.The bill is aimed at combatting sexual harassment…

Fraudulent transfer plaintiffs frequently challenge transactions that they say contributed to the company’s insolvency: leveraged buyouts, cash-out mergers, share redemptions or other major transactions where the company parts with assets or incurs liabilities. State law (often Delaware law) typically governs these types of transactions, and structuring them usually requires the involvement of attorneys, financial professionals and…

Preparing privilege logs can be one of the most time consuming and difficult tasks in commercial litigation. It is also commonly assigned to the more junior attorneys on the team. As recognized by the Delaware Court of Chancery, “[t]here is no reward for doing a good privilege log. It’s painful. It results in these huge documents.…

On June 27, 2018, Delaware Governor John Carney signed legislation enacting the Delaware Certification of Adoption of Transparency and Sustainability Standards Act (the “Act”), which will become effective on October 1, 2018. The Act, which is the first of its kind, represents Delaware’s initiative to support sustainability practices by providing Delaware-governed entities a platform for demonstrating…

Judge Abigail M. LeGrow will replace Judge William C. Carpenter, Jr. on the Delaware Superior Court’s Complex Commercial Litigation Division (“CCLD”) panel, effective July 1, 2018. Judge LeGrow was appointed by then-Chancellor Leo E. Strine, Jr. to serve as Master in Chancery on the Delaware Court of Chancery in 2011, a position she held until her…

In Goggin, a member of East Coast Miner LLC (ECM) brought suit against ECM’s manager and his associates challenging several allegedly self-dealing transactions. The plaintiff alleged, among other things, that ECM’s manager had caused ECM’s part ownership of specified assets to be diverted to different entities that the manager and his associates owned and controlled. The…

In Wi-LAN Inc. v. Sharp Electronics Corp., No. 15-379-LPS (D. Del. May 14, 2018), Chief Judge Stark denied the requests of the plaintiff, Wi-LAN Inc., to compel defendant Sharp Electronics Corp. to produce documents from a subsidiary and a parent corporation. First, Sharp Electronics argued that it had already produced documents from the subsidiary, a manufacturing…

In MorphoSys AG v. Janssen Biotech, Inc., No. 16-221-LPS (D. Del. Apr. 19, 2018), Chief Judge Stark granted the defendants’ motion to amend their pleadings to assert inequitable conduct. The Court found that the proposed amended answers and counterclaims sufficiently alleged that certain individuals having a duty of candor failed to disclose information material to patentability…