Under the so-called American Rule, litigants are normally expected to pay their own attorneys’ fees, win or lose, unless a statute clearly permits or requires fee-shifting. In the underlying litigation in Peter v. NantKwest, the United States Patent and Trademark Office (USPTO) wanted to make Continue Reading
California Shakes Up Data Privacy for 2020
In keeping with the hurried passage of the California Consumer Privacy Act (CCPA) at inception, the California legislature passed a flurry of amendments to the embattled privacy law just hours before the deadline of the legislative session. Six amendments were signed into law by Governor Continue Reading
Renew or Register Your Website’s Copyright Agent Now!
Do you have a website that allows users to comment, review, or post anything? If so, you could be liable for their posts that infringe the copyright of another person. Safe harbor immunities can protect you from this liability, but you will lose that protection unless you renew your designated agent Continue Reading
Venture Capital & Emerging Growth Companies November 2019 Highlights
We are pleased to share outstanding highlights this month about our firm, the venture capital landscape, and our clients and contacts who continuously enrich the entrepreneurial ecosystem. McCarter Highlight Dave Sorin has been appointed by New Jersey Governor Philip Murphy to the New Jersey Continue Reading
Venture Capital & Emerging Growth Companies October 2019 Highlights
We are pleased to share outstanding highlights this month about our firm, the venture capital landscape, and our clients and contacts who continuously enrich the entrepreneurial ecosystem. McCarter Highlights: McCarter lawyers Benjamin Hron and Stephen Fox authored a Q3 2019 Anatomy of a Continue Reading
Delaware Court of Chancery Calls “Earmuffs!” in Response to Trade Libel Claims
Preston Hollow Capital, LLC v. Nuveen LLC, et al., Ca. No. 2019-0169-SG (Del. Ch. Aug. 13, 2019) Preston Hollow Capital followed its first ruling concerning various business torts with an insightful analysis into the limitations on the Court of Chancery’s authority to enjoin defamatory Continue Reading
Court of Chancery Holds that Sale of Shares Transfers Fiduciary Duty Claims to the Buyer in Dispute Between Founders and VC Fund
In Urdan, et al. v. WR Capital Partners, LLC, et al., the Delaware Court of Chancery held that the founders of a startup company lost standing to pursue breach of fiduciary duty claims against a venture capital fund after they sold their shares in the company, and that the founders did not Continue Reading
Trademarks for a Budding Industry
While many states have legalized or decriminalized cannabis products, the federal government still considers these products to be illegal. Thus, as people are often surprised to learn, federal trademark protection for these products (even for strictly medicinal use) is currently prohibited. There Continue Reading
Delaware Court of Chancery Decides “Null and Void” Statement Overrides the Common Law
The Delaware Court of Chancery recently emphasized the meaning of “null and void” in the context of an LLC agreement. In Absalom Absalom Trust f/k/a Anne Deane 2013 Revocable Trust v. Saint Gervais, LLC, an LLC member (the “member”) transferred her membership interest to an entity (the “transferee”) Continue Reading
Delaware Supreme Court Asserts No Presumption of Confidentiality for Books-and-Records Productions Under Section 220
In Tiger v. Boast Apparel, Inc. (a/k/a BAI Capital Holdings, Inc.), the Delaware Supreme Court held that there is no presumption of confidentiality for books-and-records inspection requests under Section 220 of the Delaware General Corporation Law (DGCL), making it clear that stockholders do Continue Reading