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Searching Content indexed under Trials & Appeals & Compensation by Duane Morris LLP ordered by Published Date Descending.
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1
Chancery Forecloses Reliance On Technical Truths, Delayed Disclosures As Defenses To Disclosure-Related Breach Of Fiduciary Duty Claims
Fiduciary duties are fundamental concepts in Delaware corporate law. Directors and officers owe duties of care and loyalty, and from these obligations flows
United States
19 Aug 2019
2
Open Sesame? UK Supreme Court Guidance On Non-Party Access To Court Documents
Non-party requests for trial documents filed in English High Court proceedings are the regular diet of English litigators advising US clients. A potential claimant (as we call the plaintiff)
UK
19 Aug 2019
3
Second Circuit Asks How To Address 924(C) Appeals In The Wake Of Davis
The Supreme Court's landmark ruling in United States v. Davis, 588 U.S. ___ (2019), has opened the floodgates to hundreds of petitions seeking to overturn convictions under the residual clause of Section 924(c).
United States
9 Aug 2019
4
Second Circuit Addresses Requirements And Considerations For Sealing (And Unsealing) Allegedly Sensitive Documents Filed In Lawsuits
Reversing a series of decisions by the U.S. District Court for the Southern District of New York that sealed a number of court filings in a defamation action related to the allegations of sexual misconduct.
United States
22 Jul 2019
5
Double Jeopardy "Loophole" Withstands Supreme Court Review In Gamble v. United States
The protection against double jeopardy is guaranteed by the Fifth Amendment of the United States Constitution.
United States
1 Jul 2019
6
Supreme Court Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law, a "bare-metal" manufacturer is liable for failure to warn of dangers posed...
United States
29 May 2019
7
Third Circuit Reverses On Restrictive Covenant Agreement's Enforceability In New Jersey
On April 26, 2019, the Third Circuit Court of Appeals vacated and remanded two district court decisions in which the courts had held that a restrictive covenant agreement ...
United States
28 May 2019
8
Third Circuit Reverses N.J. Court Decisions On Restrictive Covenant Agreement's Enforceability
On April 26, 2019, the Third Circuit Court of Appeals vacated and remanded two district court decisions in which the courts had held that a restrictive covenant agreement—offered only to the company's highest-performing sales employees
United States
28 May 2019
9
A Minute About Minutes–Part II
A few years ago we highlighted on this blog an opinion where the Court of Chancery's analysis turned, in part, on its impression of the quality of the corporate minutes at issue.
United States
7 May 2019
10
Law Of The Case? Not In Our Forum! Continuing Trend Of PTAB Aggressively Using Its Discretionary Powers To Deny Institution Of IPRs
By statute, Congress gave the Patent Trial and Appeal Board ("PTAB") broad discretionary power in deciding whether or not to institute an inter partes review ("IPR") proceeding.
United States
2 Apr 2019
11
SCOTUS Rejects Bare-Metal Defense In Products Liability Cases Under Maritime Law
On March 19, 2019, the United States Supreme Court took a middle-ground approach in deciding when, under federal maritime law.
United States
2 Apr 2019
12
Continuing Coverage Of GE v. Vestas: Wind Turbine Patent Litigation
Since July 2017, the two leading wind turbine providers in the United States – General Electric and Vestas, reportedly controlling more than 80% of the U.S. wind turbine market
United States
11 Mar 2019
13
Delaware Supreme Court Issues Additional Guidance On Scope Of Section 220 Inspections
First, the court clarified when the scope of an inspection being demanded might include email communications of officers and directors of the corporation.
United States
21 Feb 2019
14
Ninth Circuit Holds That Employers Conducting Applicant Background Checks Must Use A Separate Form For Each Applicable Law Requiring Disclosures
For this reason, the court clearly held that each required disclosure should only contain the information explicitly required by that statute.
United States
18 Feb 2019
15
Director Access To Corporate Books And Records
The Court of Chancery recently affirmed the long-standing principle that directors of Delaware corporations are vested with "virtually unfettered rights to inspect books and records" ...
United States
8 Feb 2019
16
Resolving Contractual Disputes With "An Expert Not An Arbitrator"
The Delaware courts have been asked several times in the last few years to interpret contracting parties' intent when they have relegated certain disputes to "an expert not an arbitrator"
United States
7 Feb 2019
17
What Competitors Don't Know Can Hurt You: Scotus Rules Secret Sales Can Trigger On-Sale Bar Under AIA
The Supreme Court of the United States recently affirmed the decision of the U.S. Court of Appeals for the Federal Circuit in Helsinn Healthcare v. Teva Pharmaceuticals, 855 F.3d 1356 (2017), which invalidated a patent-in-suit under the post-AIA on-sale bar.
United States
29 Jan 2019
18
New Bill Seeks To Prohibit All New York Employers From Inquiring Into Applicant Salary History
On January 11, 2019, a bill proposing a statewide salary history inquiry ban, applicable to private and public employers, was introduced in the New York State Assembly.
United States
25 Jan 2019
19
Federal Circuit To Decide Validity Of ChargePoint Patents
The United States Court of Appeals for the Federal Circuit is poised to decide the validity of four key ChargePoint, Inc., patents after hearing oral arguments last Thursday.
United States
22 Jan 2019
20
Supreme Court Holds That Contract Dictates Whether Cases Go To Arbitration
On January 8, 2019, in Henry Schein, Inc. v. Archer and White Sales, Inc., Case No. 17-1271, the Supreme Court of the United States issued a unanimous, groundbreaking opinion concerning whether a court may override a...
United States
15 Jan 2019
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