Bloggers at Big Law Firms

Here is a post by Mark Herrmann and James Beck on their blog called Drug and Device Law about their views on lawyers at big firms who have their own blogs. This is a topic I have written on before … Continue reading

Just a Bloody Mess Involving Electronic Discovery

Here is an update of the Qualcomm  e-discovery matter that we have been following, courtesy of the Electronic Discovery Law Blog. What a bloody mess. Qualcomm just paid over $8 million in penalties imposed by the court for failing to … Continue reading

Do Arbitration Clauses Really Reduce Time and Expense?

In McLaughlin v. McCann, 2008 WL 483457 (Del. Ch., Feb. 21, 2008), read opinion here, the Delaware Chancery Court addresses the perennial issue of whether the court or an arbitrator should decide the threshold matter of arbitrability, based on the arbitration … Continue reading

Section 155 Valuation of Shares More Limited Than Under DGCL Section 262

Grace Brothers, Ltd. v. Siena Holdings, Inc., 2008 WL 441390 (Del. Ch., Feb. 14, 2008), read letter decision here in which the court denied a motion to compel production of a Private Placement Memorandum in connection with the valuation of shares 5 years later in … Continue reading

“Agreement to Agree” in Future Not Enforceable

In Welsh v. Heritage Homes of DeLaWarr, 2008 WL 442549  (Del. Ch., Feb. 15, 2008), read opinion here, the Chancery Court refused to enforce a builder’s "tie-in" agreement as an agreement to agree in the future without sufficiently definite or … Continue reading

EDiscovery Consultant Required to Submit Qualifications

In Solow v. Aspect Resources, LLC,  2008 WL 441394 (Del. Ch., Feb. 8, 2008), read opinion here , the Chancery Court in a one page letter addressed the enforceability of a subpoena. The decision is so short that it would be easier … Continue reading

Chancery Stays Action in Favor of Pending California Case

In Eurocapital Advisors LLC v. Colburn, 2008 WL 401352 (Del. Ch., Feb. 14, 2008), read opinion here, the Chancery Court decided whether Delaware was the appropriate forum for members of an LLC who also had a case pending against each other … Continue reading

Chancery Court eFiling Requirements

Here is an Administrative Directive from the Chancery Court that relates to eFiling procedures. It is not a new order but it bears reference for those who file anything in the Court of Chancery (which now requires eFiling for virtually … Continue reading

Supplemental Discovery Replies Compelled

 In Ryan v. Gifford, (Del. Ch., Feb. 7, 2008), read opinion here, the Chancery Court  resolved a discovery dispute and ruled on the quotidian quibbling that is sometimes unavoidable in the fight for documents and data that the other side … Continue reading

More Litigation Over Application of Arbitration Clauses

Matria Healthcare, Inc. v. Corral SR LLC,  2008 WL 401125   (Del. Ch., Feb. 14, 2008), read letter opinion here. This decision addressed the implementation of a prior opinion summarized here which decided which post-merger claims the parties intended to submit to the AAA … Continue reading