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Lower courts erroneously dismissed adversary complaint of property owners to recover improperly withheld oil and gas royalties where property owners, not extractor, had an equitable interest in the funds, and thus a constructive trust was an appropriate mechanism for relief.
Litigator of the Week Runners-Up and Shout Outs
Kaplan Hecker & Fink won a second verdict against former President Donald Trump for client E. Jean Carroll.Supreme Court: Pro-Contract Delaware Shouldn't Override Forfeiture for Competition Provisions
Justice Gary F. Traynor's opinion, which emphasizes Delaware's strong deference to contract freedoms, remanded the case of former Cantor Fitzgerald partners to the Court of Chancery.Court struck pleadings based on confidential corporate information where information was supplied by director nominated by stockholder although the stockholder did not have a contractual right to designate the director and the director did not serve as the stockholder's fiduciary on the board.
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Litigation, IP Headlined Big Law Poaching by Midsize Firms in 2023
Rate flexibility and client conflicts drove Big Law attorneys to smaller firms in 2023, leading to gains for Munsch Hardt Kopf & Harr in Texas, Stoel Rives in Oregon and Potter Anderson & Corroon in Delaware.Chancery Clarifies Company Directors' Rights to Privileged Company Information
Vice Chancellor Paul Fioravanti, Jr. concluded that plaintiffs wrongly included confidential and privileged information on life sciences company Illumina in their complaint against individual defendants related to the company, but "as a general rule, directors are entitled to privileged communications delivered to the corporation or the board."Court dismissed state law claims against school district arising from teacher's alleged sexual assaults where plaintiff failed to rebut district's assertion that those state law claims predominated over the single federal law claim asserted against the teacher.
Wrongfully retained mineral royalties were not part of a debtor's estate where applicable state law granted lessors a property interest proceeds, meaning debtor had no equitable interest in the funds.
Young Conaway Del. Partner Speaks at Columbia Law Event
Young Conaway Stargatt & Taylor Delaware corporate litigation and counseling partner Elena Norman spoke at the 2023 conference on mergers and acquisitions and corporate governance hosted by Columbia Law School on Dec. 8.State AI Legislation Is on the Move in 2024
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