Highlights & Analysis of Key Decisions from Delaware's Supreme Court & Court of Chancery
Newell Rubbermaid Ind. v. Storm, C.A. No. 9398-VCN (Del Ch. Mar. 27, 2014).
This decision is blogworthy for its recognition that a non-competition agreement can be enforced against an employee based on an online “click” to signify consent to the terms of the agreement (that was otherwise enforceable as if it were conventionally signed).…
Vice Chancellor J. Travis Laster, continuing the tradition of prolific scholarship by members of the Court of Chancery, has authored two recent scholarly publications through which one might discern insights regarding his thought processes on the cutting edge legal issues addressed.
One of the articles by Vice Chancellor Laster is entitled: Revlon Is a Standard …
The above title adorns a recently published law review article by the new Delaware Chief Justice Leo Strine, Jr. in the Columbia Law Review. Highlights of the article are in a post on the Davis Polk Corporate Governance Blog.
Wayman Fire Protection, Inc. v. Premium Fire & Security, LLC, C.A. No. 7866-VCP (March 5, 2014).
Why is this decision important? In this post-trial opinion, the Court found that a former employee and his current employer were liable under the Delaware Misuse of Computer Information Act, as well as claims for conversion and breach…
Wayman Fire Protection, Inc. v. Premium Fire & Security, LLC, et al., C.A. No. 7786-VCP (Del. Ch. Mar 5, 2014).
This Chancery decision should be required reading for every lawyer advising a business on how to restrict a former employee from using information to compete against a former employer. This 89-page decision will be…
Frank v. Elgamal, C.A. No. 6120-VCN (Del. Ch. Mar. 10, 2014).
Why this case is noteworthy: For many readers, this 94-page decision on a motion for summary judgment is useful, in part, for the following points:
…
In Re Orchard Enterprises, Inc. Stockholder Litigation, C.A. No. 7840-VCL (Del. Ch. Feb. 28, 2014).
This decision deserves a more extended discussion but for present purposes it is noteworthy for its application of DGCL Section 242 and its admonition that:
The DGCL does not require that stockholders receive many items of information, but those
…
Professor Eric Talley, Professor of Law at UC Berkeley, has asked that I provide information about a survey he is conducting to help law schools better tailor their training of business lawyers. (The good professor presented the 24th Annual Pileggi Lecture in Delaware.)
Professor Bainbridge has the details about the survey on his…
This post comes from Frances Goins of Ulmer & Berne in Cleveland. Frances is the Chair of the ABA Business Law Section’s Subcommittee on Developments in D&O Liability.
On June 16, 2013, the U.S. Supreme Court handed down its decision in Salinas v. Texas HERE which resulted from a criminal prosecution in which the defendant…
Anvil Holding Corp. v. Iron Acquisition Co., C.A. No. 7975-VCP (May 17, 2013).
Issue: Motion to dismiss a complaint for fraud and bad faith breach of contract in a dispute for the sale of securities.
Answer: Denied as to the fraud claim and granted as to bad faith breach of contract claim.
Background
This…