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January 28, 2020 | Delaware Business Court Insider

Adopting Contract Analytics? It's a Matter of Trust

As part of the Legalweek 2020 Q&A series, Legaltech News speaks with Eric Falkenberry, partner at DLA Piper, on the opportunity for lawyers to become part of development teams, standardization in contract APIs, and more.
3 minute read
January 08, 2020 | Delaware Business Court Insider

Why Signature Alone Is Not Always Sufficient Evidence of Assent for Binding Contract

A recent Delaware Court of Chancery decision provides a cautionary tale about why the existence of signatures on an agreement will not always be sufficient evidence to establish that the parties intended to enter into a binding contract.
5 minute read
November 21, 2019 | Delaware Business Court Insider

What to Know Before Signing a Commercial Nondisclosure Agreement

Entities that are about to enter a partnership, merge or perform a transaction would be well-advised to get up to speed on how they handle commercial nondisclosure agreements (NDAs).
4 minute read
November 20, 2019 | Delaware Business Court Insider

Why Patenting AI Can Be 'Double-Edged Sword' for Contract Management Companies

Companies in the contract space can be hesitant to file AI patents because it may be a time-consuming process that provides limited benefit. But there are certain upsides to protecting innovation.
4 minute read
October 25, 2019 | Delaware Business Court Insider

Avoiding Pitfalls of 'Use' Clauses in NDAs

Notwithstanding the fact that NDAs are commonplace in M&A transactions, breaches of NDAs are rarely litigated. Parties may be reluctant to make the dispute public and damages for breach of an NDA can be difficult to prove. Nonetheless, as the cases discussed herein demonstrate, "use" clauses can have collateral consequences if litigation does arise depending on other provisions in the NDA and how the transaction develops.
8 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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September 25, 2019 | Delaware Business Court Insider

New California Law a Fatal Threat to Franchising

In his Franchising column, David J. Kaufmann writes: The "progressive" effort to have franchisors declared the employers of their franchisees may have become law in California under a bill (AB-5) just enacted by its Legislature and signed into law on Sept. 18, 2019 by Gov. Gavin Newsom.
10 minute read
May 10, 2019 | Delaware Business Court Insider

LeGrow Tosses Breach-of-Contract Suit Against Private Equity Company, Ruling It Didn't Exert Control of Business

Judge Abigail M. LeGrow on Thursday ruled that the claims by plaintiff P&TI Acquisition Co. failed because the firm had failed to show that managers associated with a Morgenthaler-related firm controlled the entities by virtue of either their voting or decision-making power.
3 minute read
May 03, 2019 | Delaware Business Court Insider

Del. Supreme Court Reverses Chancery Court's $1 Damages Finding in Contract Case

The ruling, from a full panel of the state's five justices, came Thursday in a breach-of-contract suit stemming from Leaf Clean Energy Co.'s $30 million investment in Invenergy Wind in 2008.
3 minute read
April 17, 2019 | Delaware Business Court Insider

Expert's Bias Was Central Cause of Unfavorable Appraisal Ruling, Investment Firm Says

In the filing, Verition and its attorneys refuted assertions by economics consultant W. Bradford Cornell that there was no direct link between disparaging comments Bradford had made in regard to Verition's appraisal case and Vice Chancellor Sam Glasscock III's decision that AOL's sale to Verizon in 2015 overvalued the once-powerful media technology company.
3 minute read
April 08, 2019 | Delaware Business Court Insider

An Illustrative Software License Dispute Concerning Both the Payment Amount and Term

In their Technology Law column, Richard Raysman and Peter Brown discuss 'Silver Mgmt. Grp. v. AdvisorEngine', in which the Delaware Chancery Court dealt with a software license dispute that concerned both the payment and term provisions. The court found for the licensor on the term issue and the licensee on the fee issue.
6 minute read

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