This week the Delaware House of Representatives introduced an amended bill that would bar employers from asking applicants about their previous compensation history. The goal of House Bill No. 1 (H.B. 1) is to address the wage gap between men and women in Delaware. If H.B.1 is enacted, the new law would prohibit employers and their…

What exactly does it mean when a company’s attorneys represent the company, not the company’s executives? Suppose an executive consults with company attorneys to determine if the company’s course of action is legally permissible. Months after receiving the legal advice, the company files for bankruptcy. The executive is also criminally prosecuted over the very actions for…

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 Intellectual Ventures I LLC v. AT&T Mobility LLC et al., C.A. No. 13-1668-LPS (Feb. 14, 2017), Chief Judge Stark decided the defendants’ motions to strike portions of the plaintiff’s infringement contentions, granting the motion as applied to the plaintiff’s final infringement contentions and doctrine of equivalents (“DOE”) contentions for the ‘248 patent, but denying the…

In Air Products & Chemicals, Inc. v. Eric P. Wisemann et al., C.A. No. 14-1425-SLR (Feb. 27, 2017), Judge Robinson denied the defendants’ motion to sanction plaintiff Air Products and Chemicals, Inc. (“Air Products”) based on alleged spoliation of evidence. Although the defendants originally filed the motion for sanctions before trial, the Court held the motion…

In Green Mountain Glass, LLC et al. v. Saint-Gobain Containers, Inc., C.A. No. 14-392-GMS (D. Del. February 24, 2017), Judge Sleet denied the plaintiffs’ request for leave to file four partial motions for summary judgment and the defendant’s request for leave to file a motion for summary judgment. The plaintiffs sought leave to file: (1) a…

In Haney v. Blackhawk Network Holdings, Inc., C.A. No. N16C-03-231-EMD-CCLD, Judge Davis denied defendant Blackhawk Network Holdings, Inc.’s (“Blackhawk”) motion to dismiss for improper venue and transferred the case to the Court of Chancery. Plaintiff George Haney (“Haney”), sellers’ representative of Cardlab, Inc., initiated a breach of contract action seeking declarations that Blackhawk did not make…

In TMC Consulting Servs. v. Wright et al., C.A. No. N15C-11-132-EMD-CCLD, Judge Davis denied the defendants’ motion to dismiss, holding that the plaintiff’s complaint presented a valid controversy. The plaintiff, TMC Consulting Services (“TMC”), initiated the lawsuit against the defendants, Matthew Wright (“Wright”), Christopher Kennedy (“Kennedy”), and six separate but related limited liability companies (collectively, the…

In Riverside Fund v. Shyamsundar, C.A. No. N14C-10-038-EMD-CCLD, Judge Davis denied defendant Visagar Shyamsundar’s (“Shyamsundar”) motion for spoliation sanctions against co-defendant Ronald F. Cornelison (“Cornelison”). The Court found that Shyamsundar failed to provide sufficient evidence proving that spoliation occurred. In his motion for spoliation sanctions, Shyamsundar claimed that Cornelison destroyed a recording related to Cornelison’s fraud…

In Alltrista Plastics, LLC d/b/a Jarden Plastic Solutions v. Rockline Industries, Inc., C.A. No. N12C-09-094 (Del. Super. January 18, 2017), President Judge Jurden relieved a defendant in a breach-of-contract action from an adverse judgment after invoking her “plenary power to vacate, modify, or set aside judgments or orders where reasonably necessary to ensure the proper administration…