Effective February 23, 2016, the ALTA/NSPS (formerly ACSM) Minimum Standard Detail Requirements for Land Surveys have been updated and changed, replacing the ALTA/ACSM requirements promulgated in 2011. While most of these changes are clarifications and minor revisions, there are several substantial changes that may affect real estate professionals. First, the new requirements specify the types of…

In a recent opinion, the Delaware Court of Chancery considered, among other things, the impact of an integration clause contained in a subscription agreement for interests in a Delaware limited partnership on a side letter between the limited partnership and an investor, as well as the authority of a general partner to cause the limited partnership…

Legislation setting forth the 2016 proposedamendments to the General Corporation Law ofthe State of Delaware (DGCL) has been approvedby the Corporation Law Section of the DelawareState Bar Association and is expected to be introducedto the Delaware General Assembly. If theamendments become effective, they would resultin several important changes to the DGCL.Among other things, the proposed amendmentswould…

In FdG Logistics LLC v. A&R Logistics Holdings,Inc.,the Delaware Court of Chancery clarifi ed thetype of language that must be included in an acquisitionagreement for a party to demonstrate that theother party has eff ectively disclaimed reliance onextra-contractual representations. In sum, the FdGLogistics Court held that the anti-reliance languageat issue, which was merely a…

On February 25, 2016, the Financial Accounting Standards Board issued a long-anticipated Accounting Standards Update that may dramatically affect many lessees.

In Carrier Corp. v. Goodman Global, Inc. et al., C.A. No. 12-930-SLR (D. Del. Feb. 22, 2016), Judge Robinson “reluctantly” granted a motion for a new trial brought by the defendants (“Goodman”) based on: (1) improper statements made by the plaintiff regarding an indemnity provision in a purchase order between Goodman and the manufacturer of…

In FutureVision.com, LLC v. Cequel Communications LLC et al., C.A. No. 13-855-MPT (D. Del. Mar. 1, 2016), Magistrate Judge Thynge granted summary judgment on the defendants’ license defense, thus barring the plaintiff’s infringement claims. The defendants, cable operators with cable systems throughout the United States, successfully argued that each of the accused services were expressly licensed…

In Hologic, Inc. and Cytyc Surgical Products, LLC v. Minerva Surgical, Inc., C.A. No. 15-1031-SLR (D. Del. Feb. 29, 2016), Judge Robinson denied the defendant’s motion to transfer venue and to strike Hologic, Inc.’s (“Hologic”) motion for preliminary injunction. First, the Court rejected Minerva Surgical, Inc.’s (“Minerva”) motion to transfer venue to the Northern District of…

In RainDance Technologies, et al. v. 10X Genomics Inc., C.A. No. 15-152-RGA (D. Del. Mar. 4, 2016), Judge Andrews dismissed a complaint for patent infringement under “the post-December 1, 2015 direct infringement pleading standard.” The complaint was filed on February 12, 2015 and amended on April 9, 2015. The Court found that retroactive applicability of the…

In EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985-RGA (D. Del. Feb. 29, 2016), Judge Andrews denied Pure Storage, Inc.’s challenge to EMC Corporation’s (“EMC”) standing to sue for infringement. Originally, the patents in suit were assigned by the co-inventors to Data Domain, Inc. EMC acquired Data Domain, Inc. in 2009 (which later…