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January 19, 2024 | Delaware Business Court Insider

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."
5 minute read
January 19, 2024 | Delaware Business Court Insider

After First-Time First Chair Lands a $57M Patent Verdict for Prenatal Testing Client, Focus Turns to Pending Del. Trials

Since 2020, Desmarais LLP partner Kerri-Ann Limbeek has represented prenatal testing client Ravgen in eight patent cases in district court and at the Patent Trial and Appeal Board. This week, in her first time as lead counsel at trial, she won a $57 million infringement verdict for the company.
7 minute read
January 18, 2024 | Delaware Business Court Insider

Second Circuit: Speculation in TransPerfect Case Against Lionbridge in SDNY Is 'a Stretch'

The Jan. 17 decision, as a summary order, doesn't set an official precedent, but it signals to attorneys what level of evidence may be needed for a case claiming transaction-related NDAs were breached to have a chance at going to trial. Judges John M. Walker Jr., Denny Chin and Beth Robinson considered the appeal.
3 minute read
January 18, 2024 | Delaware Business Court Insider

Speculation in TransPerfect Case Against Lionbridge in SDNY Is 'a Stretch,' 2nd Circ. Says

The Jan. 17 decision, as a summary order, doesn't set an official precedent, but it signals to attorneys what level of evidence may be needed for a case claiming transaction-related NDAs were breached to have a chance at going to trial. Judges John M. Walker Jr., Denny Chin and Beth Robinson considered the appeal.
3 minute read
January 17, 2024 | Delaware Business Court Insider

Does TikTok's Algorithm Fall Under Section 230 Immunity? 3rd Circuit to Decide

The federal appeals court considers whether the social media site could be held liable for a child's death.
4 minute read
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January 17, 2024 | Delaware Business Court Insider

Del. Bankruptcy Court Decision Serves as Warning of Consequences of Violating the Automatic Stay

A Nov. 14 opinion from the U.S. Bankruptcy Court for the District of Delaware provides a reminder of the potentially severe punishment that a party can suffer as a result of its violation of the automatic stay of Section 362 of the Bankruptcy Code, even if the debtor does not suffer any actual damages as a result of the violation.
6 minute read
January 16, 2024 | Delaware Business Court Insider

Data Breach Suit Filed Against Burr & Forman Over Health Care Client Information

The breach, impacting nearly 20,000 people, affected the data of two health care clients subject to HIPAA, according to the Am Law 200 firm.
4 minute read
January 12, 2024 | Delaware Business Court Insider

'I Lost Everything': An Anti-Corruption Judge on Her Escape From Afghanistan

In this week's Legal Speak episode, Judge Lida Kharooti, who served as a judge on Afghanistan's anti-corruption serious crimes court for 13 years, shares how she fled the country when the Taliban took over.
1 minute read
January 11, 2024 | Delaware Business Court Insider

Nikola: Gridlock With Insurers Is Stalling Settlements With Shareholders

"Because settlements of derivative actions are not indemnifiable by the nominal company defendant in Delaware, this would defeat a key function of D&O insurance."
3 minute read
January 10, 2024 | Delaware Business Court Insider

Judge Narrows Delaware's Fossil Fuel Claims As Case Proceeds to Trial

It's the first time Delaware Superior Court Judge Mary M. Johnston has weighed in on the case, which was reassigned to her last year following Abigail LeGrow's appointment to the Delaware Supreme Court.
4 minute read

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