Dow Claims Against Foreign Competitor, US Subsidiary to Proceed
The Delaware Court of Chancery on Thursday ruled it lacked jurisdiction over foreign companies accused of stealing Dow Chemical's trade secrets for manufacturing paint polymers, but allowed claims to proceed against a Delaware subsidiary and its parent.
The federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), better known as Superfund, provides private parties with two types of claims to recover costs associated with investigating and remediating contaminated sites—a cost recovery claim under CERCLA Section 107(a), 42 U.S.C. Section 9607(a), and a contribution claim under Section 113(f), 42 U.S.C. Section 9613(f). A party can have either a CERCLA Section 107 cost recovery claim, or a Section 113 contribution claim, but not both, as each section of CERCLA provides mutually exclusive remedies.
The Delaware Court of Chancery on Monday dismissed a books-and-records suit against plastics supplier A. Schulman Inc., finding that the plaintiff's Levi & Korsinsky attorneys—and not their client—were the force behind the suit.
In the Goulston & Storrs 2017 General Counsel Survey, fifteen percent of GCs or in-house counsel say they have the most difficulty identifying exposures, and this emerging risk is reshaping their role.
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