In Delaware Coalition for Open Government v. Strine, et al., the United States Court of Appeals for the Third Circuit considered whether the District Court for the District of Delaware correctly ruled that confidential arbitration proceedings conducted by members of the Delaware Court of Chancery under 10 Del. C. § 349 must be open to the public under the First Amendment to the Constitution of the United States.

In Klaassen v. Allegro Development Corporation, Eldon Klaassen, the former CEO of Allegro Development Corporation, brought an action under Section 225 of the Delaware General Corporation Law, requesting that the Court of Chancery declare that he: (1) was still the CEO of Allegro, (2) had validly removed two of Allegro’s directors and appointed their replacements, and (3) had validly filled a preexisting director vacancy.

Can a trustee of a litigation trust created under a plan sue in a U.S. bankruptcy court the directors and officers of a non-debtor Canadian parent, when many of the defendant D&Os had rarely set foot in the forum state? According to a recent Tenth Circuit opinion, the answer is yes. Newsome v. Gallacher, 722 F.3d…

The Third Circuit Court of Appeals holds that a bankruptcy claim transferred to a third-party purchaser can be disallowed under 11 U.S.C. § 502(d) if the original claimant received property that is avoidable or recoverable by the bankruptcy estate.

In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, The Court of Chancery interpreted Section 259 of the General Corporation Law of the State of Delaware to hold that all privileges—including the attorney-client privilege—pass in a merger from the acquired corporation to the surviving corporation.

Judge Robinson Grants in Part Defendant’s Motions for Summary Judgment, Denies Defendant’s Daubert Motion, and Construes Claims In Netgear, Inc. v. Ruckus Wireless, Inc., C.A. No. 10-999-SLR (D. Del Sept. 30, 2013), Judge Robinson decided several motions and cross-motions for summary judgment, including plaintiff’s summary judgment motion of infringement and for validity of the patents-in-suit,…

Judge Stark Grants in Part and Denies in Part a Motion for Protective Order In Intellectual Ventures I LLC, et al. v. Altera Corp., et al., C.A. No. 10-1065-LPS (D. Del. July 12, 2013), Judge Stark granted in part and denied in part a motion for protective order. Specifically, Judge Stark barred defendants from taking supplemental…

Judge Stark Grants Defendants’ Motion to Stay Pending Inter Partes Review In Softview LLC v. Apple Inc., et al., C.A. Nos. 12-989-LPS; 10-389-LPS (Consolidated) (D. Del. Sept. 4, 2013), Judge Stark granted defendants’ motion to stay pending inter partes review. Judge Stark found that the three stay factors favored granting the motion. Judge…

Magistrate Judge Burke Recommends Transfer to the Northern District of Illinois In Alan J. Ross, et al. v. Institutional Longevity Assets LLC, C.A. No. 12-102-LPS-CJB (D. Del. Sept. 20, 2013), Magistrate Judge Burke recommended granting defendant’s motion to transfer to the Northern District of Illinois. Plaintiff Alan J. Ross was an individual residing in Newton, Massachusetts.…

Judge Stark Denies Defendant’s Motion to Dismiss Complaint Alleging Antitrust Violations and Grants in Part Plaintiff’s Motion to Strike In Kickflip, Inc. v. Facebook, Inc., C.A. No. 12-1369-LPS (D. Del. Sept. 27, 2013), Judge Stark denied defendant Facebook, Inc.’s motion to dismiss a complaint alleging antitrust violations and tortious interference for failure to state a claim…