Venture capital firms and founders of companies should take note of a recent important ruling from the Delaware Court of Chancery. In a case of first impression, the court rejected a venture capital firm’s effort to employ Section 204 of Delaware General Corporation Law (DGCL) to ratify an amendment Continue Reading
Manufacturers’ Association Insurance Company v. Johnson Matthey, Inc.: Multiple Trigger Doctrine and Impacts to Superfund Litigation
In this article, Candee Wilde speaks on the recently held decision on Pennsylvania Manufacturers’ Association Insurance v. Johnson Matthey where the holding identified latent environmental contamination as falling within an exception to the longstanding rule that CGL occurrence insurance policies Continue Reading
Second Circuit Upholds NLRB Ruling That Employer’s “No Recording” Policy Violated National Labor Relations Act
Employers need to be mindful about policies prohibiting employees from recording or videotaping in the workplace, as such rules, if not drafted carefully, may run afoul of the National Labor Relations Act (the Act). This point is illustrated by the U.S. Court of Appeals for the Second Circuit’s Continue Reading
District of Delaware Ruling Reminds Parties of the Danger of Narrow Arbitration Provisions
In a May 16, 2017 ruling, the United States District Court for the District of Delaware affirmed the order of the bankruptcy court denying a party’s motion to compel arbitration. In doing so, the District Court adhered to traditional rules of contract interpretation in holding that the Continue Reading
Delaware Supreme Court Explores the Definition of “Commercially Reasonable Efforts”
Williams Companies, Inc. v. Energy Transfer Equity, L.P., et al., No. 330, 2016 (Del. Mar. 23, 2017) The Delaware Supreme Court affirmed the judgment entered by the Court of Chancery in favor of the defendant concerning the defendant’s termination of a merger agreement. The Court held that Continue Reading
Natural Resources Damages Case Study
Faced with a groundwater natural resource damages lawsuit alleging injury to hundreds of acres of recharge area in an urbanized region of the state, a company with a large legacy site engaged our law firm. We collaborated with the NJDEP, a municipality, a conservation group and an unrelated real Continue Reading
Delaware Court of Chancery Affirms Fraud Exception to Parties’ Contractual Allocation of Risk
EMSI Acquisition, Inc. v. Contrarian Funds, LLC, et al., C.A. No. 12468-VCS (Del. Ch. May 3, 2017), Slights, V.C. The Delaware Court of Chancery honored the well-settled policy against fraud and its limitation on parties’ freedom of contract in the context of allocating risk in a stock Continue Reading
U.S. Senate’s Energy and Natural Resources Committee Hears Testimony of FERC Nominees, Begins Process to Reestablish Needed FERC Quorum
Federal Energy Regulatory Commission nominees Robert Powelson and Neil Chatterjee testified yesterday before the U.S. Senate Committee on Energy and Natural Resources. The two Republican nominees—Mr. Powelson, Chairman of the Pennsylvania Public Utility Commission and President of the National Continue Reading
SCOTUS Grants Debt Collectors Limited Reprieve
The United States Supreme Court recently held that the submission of a proof of claim in a Chapter 13 bankruptcy case for payment of a time-barred claim did not violate the Fair Debt Collection Practices Act (the “Act”). Overturning the decision of the Eleventh Circuit Court of Appeals, the Court Continue Reading
Navigating Changes in the Internet Landscape and Staying Ahead of the Curve
The Internet Corporation for Assigned Names and Numbers (ICANN) is a not-for-profit entity tasked with coordinating the functions of the Internet Assigned Numbers Authority (IANA). IANA is the authority responsible for regulating the domain name system, which is the technical process involved in Continue Reading