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Ellen Bardash is ALM's reporter covering Delaware litigation for Delaware Law Weekly and Delaware Business Court Insider. She can be contacted at [email protected], on Twitter @Dellenware or on Threads @ellenbardash.
October 3, 2022 | National Law Journal
Neal Katyal of Hogan Lovells argued for Delaware that MoneyGram agent and teller's checks fall into a narrow FDA exemption under common law, and if legislators had intended for those exemptions to be broader, the law would have been written to clarify that.
By Ellen Bardash | Marcia Coyle
4 minute read
September 27, 2022 | Delaware Business Court Insider
A more than three-hour hearing on the outstanding motions before Chancellor Kathaleen McCormick concluded with argument involving unshared messages sent to and from Musk on Signal.
By Ellen Bardash
3 minute read
September 23, 2022 | Delaware Business Court Insider
U.S. District Judge Maryellen Noreika found the acquisition of Imperial Sugar Co. by ex-rival U.S. Sugar Corp. doesn't violate Chapter 7 of the Clayton Act. The decision was a win for litigation teams led by Cravath, Swaine & Moore and Latham & Watkins.
By Ellen Bardash
2 minute read
September 22, 2022 | The Recorder
San Francisco-based Unstoppable Domains Inc. claims allowing another entity to sell .wallet domains causes confusion, but Wallet Inc. hasn't budged from the stance that Unstoppable doesn't have an enforceable trademark.
By Ellen Bardash
4 minute read
September 21, 2022 | Delaware Business Court Insider
For the Court of Chancery, this is an opportunity to say, "it doesn't matter the size of the case. Here are the rules in enforcing a contract case."
By Ellen Bardash
5 minute read
September 19, 2022 | Delaware Business Court Insider
Representing Elon Musk, Ed Micheletti of Skadden Arps Slate Meagher & Flom said Twitter shareholders were neither third-party beneficiaries and that claim, along with one for breach of fiduciary duty, should be dismissed.
By Ellen Bardash
3 minute read
September 13, 2022 | Delaware Business Court Insider
In a discovery ruling, Chancellor Kathaleen McCormick found Musk is entitled to keep emails from his Tesla and SpaceX emails private, denying Twitter's motion to compel which was argued at the same hearing.
By Ellen Bardash
5 minute read
September 12, 2022 | Delaware Law Weekly
Now a trust of more than $2.4 billion in settlement funds obtained to date can start to be distributed to the more than 82,000 abuse claimants, though there's no set timetable for when that process will be complete.
By Ellen Bardash
5 minute read
September 8, 2022 | Delaware Business Court Insider
Chancellor Kathaleen McCormick's decisions are both clear that Twitter has taken the brunt of the discovery workload while Musk has at times fallen short.
By Ellen Bardash
4 minute read
September 7, 2022 | Delaware Business Court Insider
Under movant-friendly Chancery rules, the court said Twitter didn't prove amending the counterclaims would be futile or lead to an unreasonable expansion of an already contentious discovery process.
By Ellen Bardash
3 minute read
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