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BLG Monthly Update

  • Borden Ladner Gervais LLP
  • -
  • Argentina, Australia, Canada, United Kingdom, USA
  • -
  • December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

Delaware court takes narrow view of common-interest privilege

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • December 19 2012

CrossFit, a distributor of fitness and training regimens, is owned 'by an artificial entity, the marital community enjoyed by Greg and Lauren Glassman'

Can a confidentiality agreement serve as a standstill (part 2)?

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • August 8 2012

We reported last month that the Delaware Chancery court had found that the terms of a confidentiality agreement precluded one party to merger discussions from subsequently using confidential information from those discussions in order to mount a hostile bid against the other party (thereby effectively turning a NDA into a standstill): Martin Marietta Materials Inc v Vulcan Materials Co, 2012 Del Ch LEXIS 93

Can a confidentiality agreement serve as a standstill, and does ‘between’ mean only one thing?

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • July 10 2012

Yes and no, respectively, according to Vice-Chancellor Strine of Delaware

Attachment or garnishment order against ny branch doesn’t restrain debtor’s Canadian account

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • March 15 2012

The old ‘separate entity’ rule, which treats bank branches as distinct for purposes such as garnishment and attachment, is alive and well in New York

Third-party beneficiaries: the US view

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • December 16 2011

The contract between Ohio Edison Co., an electricity utility, and its tree expert provided that the expert was required to conduct any work with an adequate view to safeguarding ‘all persons and property from injury’

Letters rogatory not enforced agianst Crown Corporation

  • Borden Ladner Gervais LLP
  • -
  • Canada, USA
  • -
  • September 29 2011

In connection with an insurance coverage dispute in New York, Lantheus Medical Imaging sought production of documents from Atomic Energy of Canada Ltd and the attendance of one its employees at an examination under oath