Creators of works based on another’s copyrighted work have often relied on a defense to copyright infringement known as fair use. Fair use may apply, for example, when a creator takes the work of an earlier creator and changes it enough in either expression, use, or meaning so that the new work is Continue Reading
Business Judgment Protection May Not Be Available to Boards That Adopt Defensive Measures in Wake of Stockholder Activism
The Delaware Court of Chancery recently clarified the application of two landmark Delaware Supreme Court cases to a claim for injunctive relief where a corporation’s board of directors (the Board) adopted defensive measures allegedly designed to entrench the Board against stockholder activism. In In Continue Reading
The Delaware Supreme Court Limits the Scope of Release Provisions in Representative Litigation Settlements
Griffith v. Stein, et al., No. 264, 2021 (Del. Aug. 16, 2022), Seitz, C.J.—The Delaware Supreme Court prohibited parties from releasing claims in a representative litigation settlement that relate to or arise out of facts not yet in existence at the time of the settlement. Reversing the decision of Continue Reading
High Time for Change: Criminal Justice Considerations for Future Cannabis Markets
In this article, Guillermo Artiles and Ryan Magee identify several criminal justice policy issues resulting from New Jersey’s legalization of cannabis and explore ways neighboring states, like Pennsylvania, can address those issues in the context of a broader cannabis legalization policy discussion. Continue Reading
NIST SP 800-171 Revision 3: Not Another Reboot
No Harm, No Fraud: The Supreme Court Narrows the Application of the Wire Fraud Statute and Unanimously Overrules the “Right to Control” Theory
Small Business Contractors Rejoice or Repent: Final SBA Rule Adds Teeth to 13 CFR 125.6 Subcontracting Limitations
Always Hope For The Best, But Plan For The Worst—Claim For Judicial Dissolution of a Deadlocked Joint Venture LLC Survives Pleadings-Stage Challenge
In In re: Dissolution of T&S Hardwoods KD, LLC, C.A. No. 2023-0782-MTZ (Del. Ch. Jan. 20, 2023), a claim for judicial dissolution of a joint venture LLC survived a motion to dismiss challenge. The Court of Chancery, reviewing the claim under the lenient motion to dismiss standard, found Continue Reading
Corporate Directors and Their Designating Stockholders Are Reaffirmed as Joint Clients of the Company When It Comes to Discovery of Privileged Information Generated during the Directors’ Tenure
Corporate investors often have the right to designate individuals to serve on their investees’ boards of directors. In Hyde Park Venture Partners Fund III, L.P. v. FairXchange, LLC, 2023 WL 2417273 (Del. Ch. Mar. 9, 2023), the Delaware Court of Chancery issued a valuable reminder that companies Continue Reading
End of Line: Supreme Court Deletes AI Inventorship
The Supreme Court dealt the latest blow in Dr. Stephen Thaler’s continuing quest for recognition of AI inventorship of patents, by denying certiorari in Thaler v. Vidal (No. 22-919). Despite support of Dr. Thaler from numerous amici, including law professors (Lessig et al.), the Brooklyn Law Continue Reading