In EMC Corporation, et al. v. Pure Storage Inc., C.A. No. 13-1985-RGA (D. Del. May 13, 2016), Judge Andrews considered a motion to seal evidence at trial and struck two financial exhibits from the record as improvidently admitted into evidence. The exhibits were large spreadsheets admitted on CD-ROMs and unusable by the jury. Judge Andrews also…
In Delaware Display Group LLC v. Lenovo Holding Company Inc., C.A. No. 13-2108-RGA (D. Del. May 10, 2016), Judge Andrews granted in part the parties’ motion to redact a discovery conference transcript, but denied the proposal to redact certain pages where the parties did not show a “clearly defined and serious injury” that would arise from…
Effective July 5, 2016, the Equal Employment Opportunity Commission (EEOC) will increase the maximum penalty for failing to post the required federal nondiscrimination notices from $210 to $525 for each posting violation. Employers covered by Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act and the Genetic Information Nondiscrimination Act must…
In Genuine Parts Company v. Cepec, the DelawareSupreme Court held that the provisions of Delaware’sGeneral Corporation Law (DGCL) requiring foreigncorporations to register to qualify to do business inthe State of Delaware and to appoint an agent forservice of process do not, of themselves, operate tosubject the foreign corporation to general jurisdictionin Delaware. The Court in …
In In re Sabine Oil & Gas Corporation, No. 15-11835 (SCC) (Bankr. S.D.N.Y. Mar. 8, 2016), the U.S. Bankruptcy Court for the Southern District of New York issued a bench decision granting Sabine Oil & Gas Corporation’s motion to reject three gas gathering agreements and a handling agreement that were governed by Texas law. In doing…
Trump Taj Mahal Associates, LLC, and certain affiliated entities (collectively, the debtors) owned and operated the Trump Taj Mahal Casino in Atlantic City, New Jersey. Taj Mahal and UNITE HERE Local 54, the largest of the debtors’ employee unions, were party to a CBA that was negotiated in 2011 and had a three-year term. On September…
In In re Wal-Mart Stores Delaware Derivative Litigation, C.A. No. 7455-CB (Del. Ch. May 13, 2016), the DelawareCourt of Chancery held that an order of the U.S. District Court for the Western District of Arkansas dismissing anArkansas complaint precluded Delaware plaintiffs from litigating demand futility in a Delaware derivative actionchallenging the same underlying conduct. Although the…
On May 5, 2016, Delaware Governor Jack Markell signed into law House Bill 237, substantially lowering the premium tax rate for trust-owned, private placement life insurance contracts covering the life of an individual. The new law lowers the premium tax rate to 2% for the first $100,000 in net premiums and 0.0% on net premiums in…
On Wednesday, May 18, 2016, the U.S. Department of Labor issued its Final Rule raising the overtime salary threshold required to qualify for the Fair Labor Standard Act’s “white collar” exemption to $47,476 per year, more than double the current threshold of $23,660.
The Defendant Trade Secrets Act of 2016 was signed into law by President Barack Obama on Wednesday, May 11, 2016 and allows companies for the first time to directly file a federal civil lawsuit in federal court for the theft of trade secrets.