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  • Meet Kathaleen McCormick and Lori Will, Carney's Choices to Reshape Court of Chancery

    Ellen Bardash

    Mc Cormick if confirmed will be the first woman to lead the key business court. Will, currently a partner in Wilson Sonsini Goodrich & Rosati's Wilmington office, was tapped to replace join the court as new vice chancellor.

  • Mountaire Pollution Settlement Means Big Payout for Class Attorneys, Bigger Win Expected in Federal Court

    Ellen Bardash

    Delaware Superior Court Judge Craig A. Karsnitz approved putting $16.25 million of the settlement amount toward the plaintiffs' attorney fees and litigation expenses.

  • Delaware DOJ Redoubles Effort to Return Fossil Fuels Case to Superior Court

    Ellen Bardash

    Counsel for the more than 30 defendant companies maintain the claims in the lawsuit fall under federal jurisdiction because they target the companies' production and sale of oil and gas.

  • Commentary

    Avoid IP Pitfalls When Dissolving and Winding Up Your Business

    Glenn Murphy| April 14, 2021

    Whether you are a founder, shareholder, officer, director, executive, or other responsible employee, or a legal adviser to any of them, you will encounter the dissolution and winding up of a business, probably sooner than you expected. In the inevitable event that a business closes its doors, many problems involving intellectual property may be avoided by the exercise of due diligence at the inception and during the life of the business.

  • Analysis

    Delaware Courts Continue To Issue Insured-Friendly D&O Insurance Rulings

    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.

  • Judge OKs Revised RICO Claims in JUUL Class Action, but Axes Del.-based Suits

    Ellen Bardash| April 13, 2021

    Plaintiffs in the multidistrict litigation put forward a reasonable theory to support RICO claims against defendants with nicotine product company Altria and the current and former founders and directors of the e-cigarette maker, U.S. District Judge William Orrick of the Northern District of California said.

  • Commentary

    Chancery Enforces Rule 15(aaa) in Its Fight Against Serial Amendments to Pleadings

    Mackenzie M. Wrobel,| April 07, 2021

    To amend, or not to amend? That may not be “the question” posed in William Shakespeare’s "Hamlet," but it is “the question” a plaintiff should ask itself upon receiving, and before responding to, a motion from the defendant to dismiss a complaint.

  • Potter Anderson Chair Reflects on the Post-Pandemic World and Why 'We Are Not Done Learning'

    Ellen Bardash| April 06, 2021

    Kathleen Furey McDonough has built up practices in labor and employment, trade secret and commercial litigation since arriving in Delaware in 1985 and is the first woman to chair Potter Anderson or any other large firm in Delaware's history.

  • News

    Firm With Del. Presence Speaks out Against Georgia Voting Law

    Jonathan Ringel| April 06, 2021

    The firms surely wanted to avoid the fate of Delta Air Lines and the Coca-Cola Co., whose top executives criticized the measure a week after it was signed into law. These actions accomplished the public relations oddity of drawing boycott threats from both the law's opponents and its supporters.

  • Move Over Delaware: Houston Lawyers See Big Influx of Big Public Company Bankruptcy Filings

    | April 02, 2021

    Last year’s total filings in Houston more than doubled the 13 large public company bankruptcies filed in perennial bankruptcy venue-of-choice Delaware.

  • Commentary

    Motions for Partial Dismissal Toll the Period for Answering the Entire Complaint for Del.'s Note Action Statute

    Barry M. Klayman and Mark E. Felger| March 31, 2021

    Does a defendant in a complaint brought under 10 Del. C. Section 3901 concede or default on the allegations against it by moving to dismiss under Rule 12 only one of the counts in the complaint without first answering the complaint in whole or in part by affidavit?

  • News

    Del. Set to Receive $1.38M in Multistate Surgical Mesh Settlement

    Katheryn Tucker| March 30, 2021

    Boston Scientific Corp. reached a $188 million settlement with 47 states and the District of Columbia over deceptive marketing claims regarding surgical mesh products.

  • Del. Rejects ROSS Intelligence’s Dismissal Attempt of Thomson Reuters Suit Over Westlaw Content

    Alaina Lancaster| March 29, 2021

    Judge Leonard Stark in Wilmington, Delaware, allowed to move forward Thomson Reuters’ claims that ROSS scraped the Westlaw database to create its own platform, but noted that ROSS raised “important and interesting questions” over the copyrightability of Westlaw content.

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  3. The Way Back: How Law Firms Are Planning for Post-COVID Office Life

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