In Sunil M. Malkani, et al. v. Gemma Cunningham a/k/a Gemma Turi, et al. C.A. No. 2020-1004-SG, the Delaware Chancery Court held a contractual fee-shifting provision enforceable in a matter where the movant-investor prevailed on the “central” claim, but not on other aspects of the Continue Reading
Chancery Court Denies QuarterNorth Investors’ Preliminary Injunction on Drag-Along Claim; Finds Low Odds of Success, High Risk to Pending $1.6B Merger
In Mudrick Capital Management L.P., et al. v. QuarterNorth Energy Inc., et al., the Delaware Chancery Court declined to grant minority shareholders injunctive relief on claims that the defendant majority investors improperly invoked drag-along rights in connection with a pending merger. The issue Continue Reading
No Doubt, ‘Chevron’ Is Out; How Will This Impact Healthcare?
Through its recent decision in Loper Bright Enterprises v. Raimondo, No. 22-451 (S. Ct. June 28, 2024), the US Supreme Court overturned the landmark decision in Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984). Impact on Healthcare Regulations Federal Continue Reading
Joint Effort: How Cannabis Legalization Is Shaping New Jersey’s Psychedelics Legislation
The landscape of drug policy in the United States has shifted dramatically in recent years, most recently evidenced by DEA’s recommended rescheduling of cannabis. Cannabis legalization has been at the forefront of this movement, paving the way for a regulatory reset of other controlled Continue Reading
Direct-to-Consumer Sports Broadcasting is More Sustainable
Mark Morgan authors the article, “Direct-to-Consumer Sports Broadcasting is More Sustainable,” published in Sports Business Journal. Continue Reading
AI in Critical Infrastructure Markets: Are Smart Systems AI? The EU Act Says They May Be
For critical infrastructure markets such as industrial, communications, transportation, education, and financial sectors, what AI is and is not, and what is it used for, and its risk classification has great bearing on the degree of regulatory burden that may be imposed. On March 13, 2024, the Continue Reading
The FTC’s Non-Compete Ban Suffers Its First Setback
The Federal Trade Commission’s (FTC) attempt at a nationwide ban on employee non-compete agreements suffered its first setback last week when a Texas federal district court preliminarily enjoined enforcement of the rule. While the ruling is limited to the plaintiffs in that case, the decision is a Continue Reading
Court of Chancery Untangles Mess of Facts in Breach of Fiduciary Duty Case
In Kuramo Capital Management, LLC v. Seruma, C.A. No. 2021-0323-KSJM (Del. Ch. Apr. 30, 2024) (Kuramo), the Delaware Court of Chancery held that an investment manager breached his fiduciary duties to a limited liability company in a post-trial opinion with a dizzyingly complex set of facts. The Continue Reading
The Loper Decision & Future of AI Regulation
Artificial intelligence is poised to rapidly transform nearly all aspects of society. However, it also brings new risks. As governments work to develop and implement laws that mitigate these evolving risks, expert regulatory oversight will be crucial. While the EU has already passed a comprehensive Continue Reading
Court of Chancery Addresses Claims Resulting from a Conflicted Controller Transaction
In Firefighters’ Pension System of the City of Kansas City, Missouri Trust v. Foundation Building Materials, Inc., C.A. No. 2022-0466-JTL (Del. Ch. May 31, 2024), the Delaware Court of Chancery addressed at the motion to dismiss stage numerous claims brought by a stockholder plaintiff against a Continue Reading