Delaware Business Court Insider | Commentary
By Cliff C. Gardner, Peyton V. Carper and Sukhandeep Kaur | December 20, 2023
Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.
By Sushila Chanana and Vanessa K. Ing | December 15, 2023
Many more jury trials will be required if judges must refrain from deciding whether the purpose of a generative AI system's use of copyrighted material to learn language patterns is to produce a new product or to replicate the creative expression of the copyrighted material, according to Sushila Chanana and Vanessa K. Ing of Farella Braun + Martel.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 13, 2023
Parties in business transactions sometimes decide by contract that disputes relating to or arising out of their contractual relationship shall be resolved by arbitration. If and when a dispute arises, a threshold issue is whether the dispute is covered by arbitration and if so, whether any aspect may be resolved by a court.
Delaware Business Court Insider | Commentary
By Matthew J. Rifino and Philip D. Amoa | December 6, 2023
In Braga, an investor sought to rescind an agreement and recoup its investment based on a fraudulent inducement theory after the investor's relationship with the deal sponsor turned sour. The Delaware Court of Chancery refused to undo the transaction and the investor was left with several expensive lessons in deal making.
New Jersey Law Journal | Commentary
By Michelle A. Schaap and Frank X. Wukovits | December 1, 2023
As of November 2023, more than 40 states have introduced proactive cybersecurity legislation, and at least 20 states adopted proactive privacy and/or cybersecurity laws. Included below is a sampling of states and federal proactive laws adopted as of this writing as well as tips for identifying which of these laws may apply to you, and other recommended best practices to meet the mandates of these laws.
Delaware Business Court Insider | Commentary
By Elizabeth S. Fenton | November 22, 2023
In the Hauppauge Digital case, the court affirmed the Court of Chancery's discretion to reject the parties' proposed confidentiality restrictions, and held that the decision regarding confidentiality restrictions is "a context-driven balancing exercise, the result of which will not be disturbed on appeal unless clearly unreasonable or capricious."
Delaware Business Court Insider | Commentary
By Brian T.M. Mammarella | November 15, 2023
In two recent opinions, the Delaware Court of Chancery addressed the scope of disclosure liability in two novel contexts.
Daily Business Review | Commentary
By Perry F. Sofferman | November 14, 2023
Companies must be in preparation mode now and seek to gain a full understanding of the steps that should be taken to comply with the new regulations.
Delaware Business Court Insider | Commentary
By Albert J. Carroll | November 8, 2023
Triggering Delaware's entire fairness review in stockholder litigation was once considered outcome determinate, but that view has waned. Numerous…
The Legal Intelligencer | Commentary
By Lawrence J. Kotler and Ryan Spengler | November 2, 2023
This ruling may result in more cannabis-related bankruptcy filings as sophisticated bankruptcy attorneys now have a framework for testing the trustee's historic opposition to bankruptcy protection for cannabis companies.
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