Delaware Business Court Insider | Analysis
By Ross Todd | May 11, 2021
Litigators at Latham & Watkins and Quinn Emanuel both expect the drastic uptick in special purpose acquisition company deal activity to spawn lawsuits. Here's where they see the fault lines.
New York Law Journal | Analysis
By Corinne Ball | April 21, 2021
In her Distress Mergers and Acquisitions column, Corinne Ball discusses recent rulings from the Bankruptcy Court for the District of Delaware, which highlight the risk of relying on the "two hats" doctrine to protect attorney-client privilege covering communications involving shared personnel.
New York Law Journal | Analysis
By Howard B. Epstein and Theodore A. Keyes | April 14, 2021
Two recent decisions by Delaware courts demonstrate that they are increasing leaning toward the insured's position in disputes over directors and officers (D&O) insurance coverage. As a result, New York companies incorporated in Delaware should consider where to file lawsuits concerning D&O insurance disputes—in Delaware or New York.
New York Law Journal | Analysis
By Eric Alan Stone and Catherine Nyarady | March 9, 2021
Last year, the Federal Circuit held that venue over Google was improper in the Eastern District of Texas where Google servers were used in non-Google-owned datacenters in the District but Google had no employees or agents there. In this edition of their Intellectual Property Litigation column, Eric Alan Stone and Catherine Nyarady report on 'Google' and certain subsequent cases where 'Google' was applied to determine whether venue was proper in cases involving infringement allegations against entities with corporate or contractual relationships in the relevant district.
New York Law Journal | Analysis
By Margaret A. Dale and Mark D. Harris | February 16, 2021
In December, the Delaware Supreme Court issued an opinion in 'Amerisourcebergen Corp. v. Lebanon Cnty. Emps.' Ret. Fund'. In their Securities and Corporate Litigation column, Margaret A. Dale and Mark D. Harris discuss the decision, which continues the trend of granting broad inspection rights to stockholders seeking materials pursuant to §220 of the Delaware General Corporation Law and likely will affect companies responding to broad stockholder books-and-records demands.
New York Law Journal | Analysis
By Rob Maier | January 26, 2021
Despite the recession—or partly as a result of it—2020 was also a year of growth for patent litigation in the United States. In this edition of his Patent and Trademark Law column, Rob Maier provides a look back at patent litigation filing statistics in recent years across district courts in the United States, with an eye towards current trends that in all likelihood will continue deep into 2021.
New York Law Journal | Analysis
By Karen Hoffman Lent and Kenneth Schwartz | January 11, 2021
Enforcement remained highly active in 2020, especially by the FTC, which filed more merger challenges than in any year since 2001. In this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz review major events of 2020 and identify issues to watch in 2021.
Delaware Business Court Insider | Analysis
By Angela Morris | December 29, 2020
Federal health authorities recently recommended that lawyers, judges and court staff get the COVID-19 vaccine when it opens up to more essential workers. Will states adopt the guidance, and if so, when?
New York Law Journal | Analysis
By Edward E. Neiger | December 28, 2020
In this edition of his Bankruptcy Update, Edward E. Neiger focuses on Chapter 11 filings by opioid manufacturers, including Insys Therapeutics, Purdue Pharma and Mallinckrodt, as the industry faces a reckoning over its role in driving an addiction crisis in America and worldwide.
New York Law Journal | Analysis
By Joshua Wurtzel | December 23, 2020
In April, author Joshua Wurtzel published an article advising struggling commercial tenants how they may avoid their rent obligations during the COVID-19 pandemic. Most of that advice remains viable today. Eight months later, this article turns to struggling commercial landlords with advice on how to maneuver through these times.
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