Amendments to Delaware’s Statutory Trust Legislation Enacted
The Delaware General Assembly has recently enacted legislation amending the Delaware Statutory Trust Act. The following is a brief summary of some of the more significant amendments that affect Delaware statutory trusts.
Highlights of the 2014 Trust Act
On July 22, 2014, Delaware Governor Jack Markell signed House Bill No. 412 ("Trust Act 2014") into law. Trust Act 2014 continues Delaware's tradition of regularly refining and improving upon its existing statutory provisions in order to aid in their application and remain consistent with modern developments.
Amendments to Delaware’s LLC and Partnership Legislation Enacted
The Delaware General Assembly has recently enacted legislation amending the Delaware Limited Liability Company Act, the Delaware Revised Uniform Limited Partnership Act and the Delaware Revised Uniform Partnership Act.
Delaware Unclaimed Property Update: Secretary of State Voluntary Program Entrance and Resolution Deadlines Extended
As a result of the passage of 79 Del. Laws, c. 278, the deadlines to enter the SOS VDA Program and to resolve all unclaimed property liability under that program have been extended.
Evictions under Agricultural Leases
On June 18, 2014, Governor Markell signed into law House Bill No. 243 relating to agricultural leases.
Special Committees: Law and Practice (2nd edition)
Written by knowledgeable practitioners in corporate law and special committee practice, this comprehensive book provides in-depth explanations on the uses, benefits and disadvantages of special committees.
U.S. Supreme Court Adopts New Indefiniteness Standard
In a decision that will doubtless lead to more patent claims being challenged as indefinite, the U.S. Supreme Court in Nautilus v. Biosig Instruments, unanimously held that a claim is indefinite if it fails to inform one of ordinary skill in the art of the scope of the invention with reasonable certainty.
New Downtown Development Districts
On June 5, 2014, Governor Markell signed into law Senate Bill No. 191, which established a program for municipalities and counties to file for designation as a Downtown Development District with the State of Delaware.
Judge Stark Issues New Procedures for Patent Cases
Judge Stark of the United States District Court for the District of Delaware has today issued a new form of scheduling order and pretrial order for patent cases, as well as revised procedures for management of patent cases and a checklist of items for counsel to discuss before the initial case management conference.
Proposed Amendments to the DGCL to Limit Applicability Of the Delaware Supreme Court’s Holding in ‘ATP Tour’
In ATP Tour, Inc. v. Deutscher Tennis Bund, the Delaware Supreme Court, held that a fee-shifting provision of a Delaware nonstock corporation’s bylaws applicable to intra-corporate disputes could be valid and enforceable.