Delaware Business Court Insider | Commentary
By Cliff C. Gardner, Peyton V. Carper and Sukhandeep Kaur | December 20, 2023
Publicly traded corporations increasingly adopted exclusive forum provisions to reduce the risk of burdensome and costly multijurisdictional stockholder litigation. State and federal courts around the country regularly enforced the provisions, dismissing cases not brought in the specified jurisdiction.
Delaware Business Court Insider | News
By Ellen Bardash | December 19, 2023
It's the first time the state's high court has officially addressed whether or not a Delaware judge can take adjudicative notice of factual findings from another court,.
Delaware Business Court Insider | Analysis
By Ellen Bardash | December 18, 2023
The Court of Chancery and Delaware Supreme Court hammered home several key points multiple times throughout 2023, signaling to litigators that they may want to keep them in mind as they head into the new year.
Delaware Business Court Insider
By Amanda Bronstad | December 18, 2023
The U.S. Supreme Court heard oral arguments this month in the Purdue Pharma bankruptcy about third-party releases in a case that could also impact the Boy Scouts of America's Chapter 11 plan next year.
By Sushila Chanana and Vanessa K. Ing | December 15, 2023
Many more jury trials will be required if judges must refrain from deciding whether the purpose of a generative AI system's use of copyrighted material to learn language patterns is to produce a new product or to replicate the creative expression of the copyrighted material, according to Sushila Chanana and Vanessa K. Ing of Farella Braun + Martel.
Delaware Business Court Insider | News
By Ellen Bardash | December 13, 2023
It's time to draw some lines on where so-called "MFW creep" ends, Delaware Supreme Court justices said during argument in the Match Group shareholder appeal.
Delaware Business Court Insider | Commentary
By Lewis H. Lazarus | December 13, 2023
Parties in business transactions sometimes decide by contract that disputes relating to or arising out of their contractual relationship shall be resolved by arbitration. If and when a dispute arises, a threshold issue is whether the dispute is covered by arbitration and if so, whether any aspect may be resolved by a court.
By Chris O'Malley | December 12, 2023
Nuclear reactor company NuScale Power's failed Idaho project has spurred at least one lawsuit so far from plaintiff attorneys who say executives' comments about the likelihood of pulling it off were overly rosy.
Delaware Business Court Insider | News
By Ellen Bardash | December 11, 2023
Over time, the Delaware courts have started to apply the MFW test to other types of transactions, an expansion attorneys call "MFW creep."
Delaware Business Court Insider
By ALM Staff | December 11, 2023
This suit was surfaced by Law.com Radar. Read the complaint here.
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