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How to Determine Whether the Statute of Limitations or Laches Applies

August 10 2016 Lawyers who practice in the Delaware Court of Chancery probably can recite the shorthand rule that, for most claims, the Court of Chancery will…

Duplicative Discovery Not Objectionable Unless 'Fully' Duplicative

March 10 2016 Litigators often have the tendency to seek similar, if not identical, information from multiple sources. As an opponent has an interest in…

Breach of Fiduciary Duty Claim Subsumed by Breach of Contract Claim

April 13 2016 Defendants are often faced with complaints that assert multiple causes of action arising from the same set of facts and circumstances. A prime…

What you need to know: the most recent FRCP amendments anlayzed

June 19 2015 The Judicial Conference of the United States recently forwarded proposed amendments to the Federal Rules of Civil Procedure to the United States…

Contractual Stipulations of Irreparable Harm: Helpful But Not Determinative

March 16 2016 Business contracts frequently contain remedy clauses whereby the parties agree that a breach constitutes irreparable harm entitling the nonbreaching…

Delaware Superior Court Explains Disgorgement Exclusion In Insurance Coverage

November 11 2016 D&O policies often attempt to exclude from coverage sums paid to disgorge unlawful profits. The underlying theory is that...

Court Relies on Fully Informed Uncoerced Stockholder Vote in 'Revlon' Challenge

November 9 2016 Vice Chancellor Joseph R. Slights III's decision In re OM Group Stockholders Litigation, Consol. C.A. No. 11216-VCS (Oct. 12, 2016), represents the…

Court Of Chancery Explains Fee Award In Appraisal Case

October 18 2016 Plaintiffs' attorneys in representative litigation may obtain awards of fees and expenses when their efforts prove successful and provide benefits…

Del. Forum Non Conveniens Doctrine Doesn't Depend on Adequate Alternative Forum

September 21 2016 Corporations sued in Delaware and subject to jurisdiction here sometimes employ the doctrine of forum non conveniens (FNC) to seek dismissal of the…

Court allows defendant to amend its pleadings to add defenses

September 19 2016 SunPower Corporation v. PanelClaw, Inc., C.A. No. 12-1633 - MPT, September 19, 2016. Thynge, C. M. J. Defendant’s motion to amend answer to assert…