In In re Wal-Mart Stores, Inc. Delaware Derivative Litigation, 2016 WL 2908344 (Del. Ch. May 13, 2016), the Court of Chancery, applying Arkansas law, held that plaintiff stockholders were precluded from arguing demand futility in a derivative action filed in Delaware because the same issue had already been fully litigated and decided in an Arkansas court…

Following the Delaware Supreme Court decision in Corwin v. KKR Financial Holdings LLC, 125 A.3d 304 (Del. 2015), the Delaware courts have clarified and extended the application of the decision. In Corwin, the Delaware Supreme Court affirmed the Court of Chancery’s ruling that the business judgment rule is the appropriate standard of review for a merger…

Post-Corwin: Delaware Courts, Consistently Applying Corwin, Reinforce Long-Standing Policy of Delaware Law to Avoid Uncertainties and Costs of Judicial Second-Guessing in Merger TransactionsFollowing the Delaware Supreme Court decision in Corwin v. KKR Financial Holdings LLC, 125 A.3d 304 (Del. 2015), the Delaware courts have clarified and extended the application of the decision.  In Corwin…

This Note presents a wide-ranging legal, political, and strategic examination of the International Criminal Court and its successful landmark prosecution of Ahmad Al Faqi Al Mahdi in late 2016. The unprecedented Al Mahdi case furthers the mission and power of the international community to protect cultural heritage, prevent crimes against humanity, and prevent war crimes,…

This Checklist outlines issues a tenant shouldconsider before signing its office lease. ThisChecklist also provides useful information for atenant negotiating its office lease. This Checklistdoes not address relevant state and local law.State and local laws may require additionalmatters to be considered by the tenant before itfinalizes its lease, but the information containedin this resource is useful…

 In El Paso Pipeline GP Company, L.L.C. v. Brinckerhoff, No. 103, 2016 (Del. Dec. 20, 2016), the Delaware Supreme Court reversed the Court of Chancery’s holding that a limited partner maintained standing to pursue his claims challenging a dropdown transaction after the limited partnership was acquired by merger.  The Supreme Court rejected the Chancery Court’s holding that the plaintiff’s claims arose out of a breach of the partnership agreement and, therefore, were direct in nature.  As the claims were derivative, they passed to the buyer in the merger, thereby extinguishing the plaintiff’s standing. 

In Andover Healthcare, Inc. v. 3M Company, C.A. No. 13-843-LPS (D. Del. Oct. 18, 2016), Chief Judge Stark denied the parties’ cross-motions for summary judgment on the defendant’s laches and equitable estoppel defenses, as well as the defendant’s motion for summary judgment of indefiniteness, noninfringement and willfulness, defendant’s motion to preclude the plaintiff’s CEO from testifying…

In Quest Licensing Corporation v. Bloomberg L.P. et al., C.A. No. 14-561-GMS (Nov. 15, 2016), Judge Sleet granted the defendants’ motion for leave to file a motion for summary judgment of noninfringement. In their motion for leave, the defendants asserted that the claim term “changing information,” found in every asserted claim, presented a single, discrete, case-dispositive…

In Ferring Pharmaceuticals Inc. et al. v. Par Pharmaceutical, Inc., C.A. No. 15-173-RGA (D. Del. Oct. 28, 2016), Judge Andrews denied the plaintiffs’ and the defendant’s motions in limine to preclude evidence relating to the meaning of a disputed claim term as impermissible claim construction. During the Markman hearing held in January 2016, Judge…