Courts have long struggled with determining what makes an invention eligible for a patent by applying broad and ill-defined “I know it when I see it” tests that sometimes prevent breakthrough technologies from receiving patent protection. A new bill proposed by Senator Thom Tillis aims to both Continue Reading
Artificial Intelligence and Inventorship: An Expected Decision with Uncertain Consequences
The top U.S. patent court has confirmed what many were expecting in the patent community — that artificial intelligence (AI) is not considered an “individual” according to the Patent Act and thus AI cannot be named as an inventor on a patent. The court’s ruling was the latest roadblock Continue Reading
Court Upholds MFW Broad Application Framework for Controlling Stockholder Transactions
In City Pension Fund for Firefighters and Police Officers in the City of Miami v. The Trade Desk, Inc., et al., C.A. No. 2021-0560-PAF (Del. Ch. July 29, 2022), the Delaware Court of Chancery dismissed a stockholder challenge to a charter amendment transaction that eliminated a dilution provision Continue Reading
Delaware Supreme Court Reverses Use of Unreliable Hearsay Evidence to Establish Proper Purpose in Section 220 Action
In this appellate opinion, the Delaware Supreme Court reviewed a challenge to a final judgment of the Court of Chancery requiring NVIDIA Corporation (the Company) to produce books and records under Section 220 of the Delaware General Corporation Law. The Supreme Court ultimately affirmed multiple Continue Reading
Selling for a Profit
Environmental issues can prevent you from earning maximum profits on the sale of your business or property. In this article, Jane Warren advises on how to investigate and mitigate environmental challenges to your advantage. Continue Reading
DE Court of Chancery Denies Challenge to Going-private Merger Based on Business Judgment Rule
In Harcum v. Lovoi, et al., C.A. No. 2020-0398-PAF (Del. Ch. Jan. 3, 2022), the Delaware Court of Chancery dismissed a purported shareholder class’s fiduciary duty claims arising out of a going-private merger. The complaint failed to allege facts capable of establishing a conflict to support an Continue Reading
How Can Defense Contractors Battle Rising Costs? Here Are Some Tips
Many contracts that were negotiated and priced over the past 18 to 24 months are simply more expensive to perform now than was reasonably anticipated when bids were prepared. In recognition of these soaring prices, the Defense Department issued a May 25 memorandum titled “Guidance on Inflation and Continue Reading
Is New Jersey’s Indefinite Extension for Tax Assessments Constitutional?
The New Jersey Legislature suspended the statute of limitations for conducting tax audits and related assessments through enactment of the 2020 COVID-19 Fiscal Mitigation Act. The statute of limitations is still lifted, with no end in sight. Michael Guariglia and Larry Sannicandro question the Continue Reading
Court of Chancery Dismisses Breach Claims Based on Rule 8, LPA Terms and Corwin
On February 9, 2022, in a putative class action captioned Walter E. Ryan Jr. v. Buckeye Partners L.P. et al., the Court of Chancery dismissed claims for breach of a limited partnership agreement (LPA), finding that the complaint failed to provide sufficient notice of the legal theories and facts Continue Reading
Connecticut Updates Guidance on PFAS Drinking Water Action Levels
On June 15, 2022, the Connecticut Department of Public Health (DPH) revised its non-binding standards for Per- and Polyflouroalkyl Substances (PFAS)[1]—and also renewed its call for public water systems to test for PFAS and take action to reduce exposures—based on the following drinking water action Continue Reading