In Purdue Pharma L.P. v. Epic Pharma, LLC, C.A. No. 16-87-RGA (D. Del. July 27, 2017), Judge Andrews granted the plaintiffs’ motion to amend their complaint to include an additional patent. The Court found that adding the patent “ma[de] sense” because the patent came from the same family and its addition would be efficient for all…

In The Johns Hopkins University v. Alcon Laboratories, Inc., C.A. No. 15-525-SLR/SRF (D. Del. July 14, 2017), Senior Judge Robinson addressed the plaintiff’s objections to Magistrate Judge Fallon’s order defining the scope of a privilege waiver arising from the defendants’ reliance on advice of counsel. Although Judge Fallon ordered that the defendants produce “any additional documents…

In Contour IP Holding, LLC v. GoPro, Inc., C.A. No. 15-1108-LPS-CJB (D. Del. July 6, 2017), Magistrate Judge Burke granted the defendant’s motion to transfer venue to the Northern District of California, the location of its principal place of business. In analyzing the transfer factors, the Court first found that the plaintiff’s choice of forum was…

Two recent decisions of the Delaware Court of Chancery separated by only two weeks took seemingly contradictory positions regarding the extent to which corporate disclosures must be made clear in proxy statements and other SEC filings. In an order issued on March 7 in In re Columbia Pipeline Group Stockholder Litigation, C.A. No. 12152-VCL (Del. Ch.…

The World Imports and SRC Liquidation Opinions Section 503(b)(9) of the Bankruptcy Code[i] allows a creditor an administrative expense claim (i.e., a claim with payment priority over other pre-bankruptcy claims) for the value of goods that the debtor “received” within 20 days before filing for bankruptcy. But what precisely does “received” mean in this…

These Standard Clauses are a representative set of separatenessrequirements that a lender may require in a borrower’sorganizational documents and loan documents. These StandardClauses contain integrated drafting notes with importantexplanations and drafting and negotiating tips.…

The Delaware Supreme Court surprised the mortgage lending community in April with its opinion in J.M. Shrewsbury v. Bank of New York Mellon. In Shrewsbury, the Court held that to foreclose on a mortgage the holder of the mortgage must also be the party entitled to enforce the underlying obligation secured by that mortgage. Stated differently,…

In LCT Capital, LLC v. NGL Energy Partners LP, C.A. No. N15C-08-109-WCC-CCLD, Special Discovery Master Kevin F. Brady granted a motion by defendants NGL Energy Partners LP and NGL Energy Holdings LLC’s (collectively, “NGL”) to compel plaintiff LCT Capital, LLC (“LCT”) to supplement responses to interrogatories and revise privilege and redaction logs. In their motion to…

In CNH Industrial Am., LLC v. American Casualty Company of Reading, Pa., C.A. No. N12C-07-108-EMD-CCLD, Judge Davis held that defendant Travelers Indemnity Company (“Travelers”) must indemnify plaintiff CNH Industrial America, LLC (“CNH”) for defense costs in over 200 underlying asbestos-related lawsuits. In prior decisions, the Court determined that, among other things, Wisconsin law applied to the…

In SRL Mondani, LLC v. Modani Spa Resort, Ltd., C.A. No. N16C-04-010-EMD-CCLD, Judge Davis denied the defendants’ motion to dismiss the plaintiffs’ complaint, holding that a forum selection clause in one of the parties’ contracts did not supersede the Delaware forum selection clauses in the two agreements under which the dispute arose. Judge Davis additionally rejected…