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Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Adams
Attorneys: For plaintiff: Counsel: Kevin M. Capuzzi, Benesch, Friedlander, Coplan & Aronoff, LLP, Wilmington, DE for plaintiff.
for defendant: Paul D. Brown, Mark L. Desgrosseilliers, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; F. Maximilian Czernin, Peter R. Morrison, Squire Patton Boggs, LLP, Cincinnati, OH for defendant.
Case Number: N22C-12-143 MAA CCLD
Plaintiff, in its capacity as trustee of plaintiff's company, filed suit against the company's investor for breach of contract, fraudulent inducement, and tortious interference with prospective contractual relations, as well as other claims that had been dismissed. Plaintiff alleged that, when its company had been in a precarious financial situation which had been known by defendant, defendant had intentionally interfered with a prospective deal the company was negotiating with another investor by actively discouraging the deal within
Publication Date: 2023-08-28
Practice Area: Contracts
Industry: Consulting | Software | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Johnston
Attorneys: For plaintiff: Anthony N. Delcollo, Thomas H. Kramer, Offit Kurman, P.A., Wilmington, DE for plaintiff.
for defendant: Daniel F. McAllister, McAllister Firm LLC, Wilmington, DE for defendant.
Case Number: N19C-08-199 MMJ CCLD
Court dismissed breach of settlement lawsuit where there was no evidence that defendant breached his representations and warranties in the settlement, which was the sole exclusion to the broad release of claims that included future claims or claims based on heretofore unknown facts.
Publication Date: 2023-07-31
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Glasscock
Attorneys: For plaintiff: F. Troupe Mickler IV, Stephen E. Jenkins, Ashby & Geddes, P.A., Wilmington, DE; William J. Fields, Christopher J. Kupka, Samir Shukurov, Fields Kupka & Shukurov LLP, New York, NY; Gustavo F. Bruckner, Samuel J. Adams, Daryoush Behbood, Pomerantz LLP, New York, NY; Brian Schall, The Schall Law Firm, Los Angeles, CA for plaintiffs.
for defendant: Kevin R. Shannon, Tyler J. Leavengood, Jaclyn C. Levy, Michael C. Gorski, Jr., Lucille E. Wiesner, Potter Anderson & Corroon LLP, Wilmington, DE; Richard B. Harper, Vern Cassin, Thomas E. O’Brien, Alyssa M. Pronley, Kristina Wenner, Baker Botts LLP, New York, NY; Bradley R. Aronstam, S. Reiko Rogozen, Roger S. Stronach, Ross Aronstam & Moritz LLP, Wilmington, DE; Joseph O. Larkin, Matthew P. Majarian, Rupal K. Joshi, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE; James R. Carroll, Skadden, Arps, Meagher & Flom LLP, Boston, MA for defendants.
Case Number: 2021-1116-SG
The court denied defendants' motion to dismiss plaintiffs' derivative complaint which alleged that one defendant had made a sham offer to purchase another defendant's high vote stock to trigger a call right, which in turn resulted in significant monetary benefits to both defendants and harm to nominal defendant.
Publication Date: 2023-07-17
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Phipps
Attorneys: For plaintiff: Mark A. Hammervold, Daniel Kotchen, Kotchen & Low, Washington, DC for appellant.
for defendant: Kenneth Gage, Daniel Richards, Paul Hastings, New York, NY for appellee.
Case Number: 21-1365
Non-applicability of American Pipe tolling did not preclude a class action plaintiff from asserting wrong-forum tolling to render their claim timely under the expired statute of limitations.
Publication Date: 2023-07-03
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Investments and Investment Advisory | Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Cook
Attorneys: For plaintiff: C. Barr Flinn, James M. Yoch, Jr., M. Paige Valeski, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE for plaintiff.
for defendant: Brock E. Czeschin, Angela Lam, John M. O’Toole, Richards, Layton & Finger, P.A., Wilmington, DE; Patricia L. Enerio, Aaron M. Nelson, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; John M. Lundin, Niall D. Ó Murchadha, Cynthia L. Botello, Lundin PLLC, New York, NY; John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE for defendants.
Case Number: 12077-NAC
Adverse judgment in related action between the parties did not compel dismissal of plaintiff's aiding and abetting breach of fiduciary duty and unjust enrichment claims where those claims went beyond the scope of the intercreditor agreement that another state's court concluded precluded plaintiff from recovering for default on its note.
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Publication Date: 2023-06-27
Practice Area: Patent Litigation
Industry: Agriculture | Food and Beverage | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys: For plaintiff: Glenn A. Brown, Real World Law, P.C., Wilmington, DE for plaintiffs.
for defendant: Chad S.C. Stover, Barnes & Thornburg LLP, Wilmington, DE for defendant.
Case Number: 20-1170-RGA
Court denied reargument after granting partial summary judgment on defendant's counterclaim, where plaintiffs had waived some of their arguments by failing to raise them during summary judgment proceedings and defendant's supplemental discovery responses could serve as a basis for reargument where parties had an obligation to correct erroneous or incomplete discovery responses.
Publication Date: 2023-06-27
Practice Area: Patent Litigation
Industry: E-Commerce | Manufacturing | Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Williams
Attorneys: For plaintiff: Jack B. Blumenfeld, Jennifer Ying, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Scott D. Sherwin, Jason C. White, James J. Kritsas, Morgan, Lewis & Bockius LLP, Chicago, IL; Natalie A. Bennett, Calvin M. Brien, Morgan, Lewis & Bockius LLP, Washington, DC for plaintiff.
for defendant: Kelly E. Farnan, Nicole K. Pedi, Richards, Layton & Finger, P.A., Wilmington, DE; Adam Gershenson, Julianna Landsvik, Cooley LLP, Boston, MA; Heidi Keefe, Lowell Mead, Mark Weinstein, Cooley LLP, Palo Alto, CA; Angeline X. Chen, Cooley LLP, New York, NY for defendants.
Case Number: 21-1769-GBW
Disputed patent term was not a coined term where the term included part of another term stipulated as having a plain and ordinary meaning and there was nothing in the claim language to indicate that the remaining words of the term had anything other than their dictionary definition.
Publication Date: 2023-06-20
Practice Area: Patent Litigation
Industry: Technology Media and Telecom
Court: U.S. District Court of Delaware
Judge: District Judge Burke
Attorneys: For plaintiff: Kelly E. Farnan, Richards, Layton & Finger, P.A., Wilmington, DE; Mark Boland, Raja Saliba, Michael R. Dzwonczyk, Chidambaram S. Iyer, Sughrue Mion, PLLC for plaintiff.
for defendant: Carl D. Neff, FisherBroyles, LLP, Wilmington, DE; Ryan T. Beard, FisherBroyles, LLP, Austin, TX; Christopher R. Kinkade, FisherBroyles, LLP, Princeton, NJ for defendant.
Case Number: 21-1821-CJB
Patent claims described a sufficiently narrower invention than the abstract idea of file synchronization to constitute an arguable improvement in computer technology and an inventive concept.
Publication Date: 2023-05-30
Practice Area: Labor Law
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Fioravanti
Attorneys: For plaintiff: Elena C. Norman, Elisabeth S. Bradley, Young Conaway Stargatt & Taylor, LLP, Wilmington, DE; Arturo J. González, Shaelyn K. Dawson, Camille Framroze, Meredith L. Angueira, Morrison & Foerster LLP, San Francisco, CA for plaintiff.
for defendant: Kasey H. DeSantis, Nathan D. Barillo, Fox Rothschild LLP, Wilmington, DE; Neil A. Capobianco, Fox Rothschild LLP, New York, NY for defendant.
Case Number: 2022-0820-PAF
Former employee lacked right to enforce repurchase option where his stock options and unvested stock were cancelled in connection with his employer's acquisition in exchange for the right to payments from the acquiring company that would terminate if the employee left the acquirer's employ.
Publication Date: 2023-04-18
Practice Area: Business Torts
Industry: Manufacturing | Technology Media and Telecom
Court: Delaware Superior Court
Judge: Judge Davis
Attorneys: For plaintiff: Brian Farnan, Michael J. Farnan, Farnan LLP, Wilmington, DE;
for defendant: Rodney Smolla, South Royalton, VT; Thomas A. Clare, Megan L. Meier, Dustin A. Pusch, Daniel P. Watkins, Clare Locke, LLP, Alexandria, VA; Justin A. Nelson, Jonathan J. Ross, Elizabeth Hadaway, Susman Godfrey LLP, Houston, TX; Stephen Shackelford, Jr., Elisha Barron, Mark Hatch-Miller, Zach Savage, Susman Godfrey LLP, New York, NY; Davida Brook, Jordan Rux, Susman Godfrey LLP, Los Angeles, CA; Stephen E. Morrissey, Edgar Sargent, Katherine Peaslee, Susman Godfrey LLP, Seattle, WA. Blake Rohrbacher, Katharine L. Mowery, Angela Lam, Richards, Layton & Finger, P.A., Wilmington, DE; Paul Clement, Erin E. Murphy, Clement & Murphy, PLLC, Alexandria, VA; Dan K. Webb, Matthew R. Carter, Winston & Strawn LLP, Chicago, IL; Scott A. Keller, Lehotsky Keller LLP, Washington, DC; Eric M. George, Katherine A. Petti, Ellis George Cipollone O’Brien Annaguey LLP, Los Angeles, CA; John L. Reed, Ronald N. Brown, III, DLA Piper LLP (US), Wilmington, DE for defendants.
Case Number: N21C-03-257 EMD
News network's allegations of electronic voting machines manufacturer's role in rigging election constituted defamation per se because they were statements of fact or mixed fact and opinion and were not protected by neutral or fair reporting privileges.
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