ArticleWant To Feel Better? Thank Someone ElseThanking others is a quick, easy way to improve our well-being, and it has the added benefit of recognizing and empowering othersUnited StatesEmployment and HRMorris James LLP
ArticleDelaware's New Medicaid DirectorMorris James alum Drew Wilson has taken the reigns as the First State's new Medicaid Director.United StatesFood, Drugs, Healthcare, Life SciencesMorris James LLP
ArticleChancery Strikes Unclean Hands Defense Lacking Sufficient Nexus To The ClaimsHere, the plaintiff claimed that the adoption of pushdown accounting constituted a change to accounting rights that triggered a right to consent under the relevant operating agreement. United StatesAccounting and AuditMorris James LLP
ArticleChanges To Data Breach Notification RequirementsI'm very pleased to have contributed a short piece to the January issue of the DSBA Journal about recent and upcoming changes to various notification requirements in the event of a data breach.United StatesPrivacyMorris James LLP
ArticleChancery Denies Advancement For Director Suspected Of Leaking Confidential Financial InformationA company's board of directors suspected one of its members had leaked the company's financial information to a third party and that the third party used the information to obtain...United StatesCorporate/Commercial LawMorris James LLP
ArticleChancery Declines To Shift Costs To Derivative PlaintiffsBy rule, the prevailing party in Court of Chancery litigation is entitled to shift costs to the losing party, subject to the Court's discretion.United StatesFood, Drugs, Healthcare, Life SciencesMorris James LLP
ArticlePlaintiffs Adequately Pled Unjust Enrichment For Materially Deficient DisclosuresTo state a claim for unjust enrichment, a plaintiff must adequately plead: (1) an enrichment; (2) an impoverishment; (3) a relation between the enrichment and impoverishment...United StatesLitigation, Mediation & ArbitrationMorris James LLP
ArticleUPDATE: Pennsylvania Supreme Court Expands Access To Courts For Medical Malpractice CasesTo expand court access for victims of medical malpractice, the Pennsylvania Supreme Court recently changed its venue rules for medical malpractice cases.United StatesLitigation, Mediation & ArbitrationMorris James LLP
ArticleChancery Excuses Condition In Stockholder Agreement When Company Caused Its Non-OccurrenceIn this case, as part of a sale of a majority interest, a stockholder agreement granted the founders the ability to designate members to the board of directors so long as at least one founder ...United StatesCorporate/Commercial LawMorris James LLP
ArticleChancery Orders LLC's Dissolution As SanctionThe Court of Chancery has broad power to address litigation misconduct. This sanctions order arose out of litigation concerning a loan to a start-up Delaware LLC in the medical research field.United StatesInternational LawMorris James LLP
ArticleChancery Awards Mootness Fee Applying Recently Adopted StandardThis opinion represents one of the first decisions applying Magellan, and awarded $100,000 where plaintiffs sought $850,000.United StatesLitigation, Mediation & ArbitrationMorris James LLP
ArticleBenchmark Report On The State Of A.I. In EDiscovery ReleasedI had a chance to preview this report from Lighthouse last week, and it's an interesting read. The key takeaway for me is that while there is a high level of reported interest in how A.I...United StatesTechnologyMorris James LLP
ArticleNew Castle County, Delaware Solar Ordinance Covers New Building Permits While some buildings may already be designed for rooftop-solar, others may require enhancements involving additional construction materials.United StatesReal Estate and ConstructionMorris James LLP
ArticleGenerative A.I. Tools In eDiscoveryChatGPT rolled out to the public in November 2022, and "Generative A.I." has captured the public's imagination in the 15 months since the popular program and others like it became available.United StatesTechnologyMorris James LLP
ArticleChancery Clarifies Controlling Stockholder Fiduciary Duties In Sears LitigationHere, a special committee of the board supported a plan to liquidate the company's floundering business segment and continue operating its more promising business segment. United StatesCorporate/Commercial LawMorris James LLP
ArticleChancery Finds Amendment To LLC Agreement Invalid For Want Of Manager's InvolvementIn governance disputes among LLC constituencies, the operating agreement is the beginning and often end point.United StatesCorporate/Commercial LawMorris James LLP
ArticleChancery Invokes The Implied Covenant To Invalidate Shareholder Rights PlanIn Delaware, the implied covenant of good faith and fair dealing is inherent in all contracts and ensures that the "fruits of the bargain" are not frustrated by arbitrary or unreasonable action.United StatesCorporate/Commercial LawMorris James LLP
ArticleChancery Concludes Accountant Provision In Stock Purchase Agreement Calls For Expert Determination Rather Than ArbitrationParties to a stock purchase agreement disputed post-closing price adjustments. The agreement called for an independent accountant to resolve such disputes and referred to the accountant as an "arbitrator." United StatesLitigation, Mediation & ArbitrationMorris James LLP
ArticleA.I. And Legal Practice: Enthusiasm, Integration, And ApplicationI contributed an article to the March 2024 issue of the Journal of the Delaware State Bar Association, discussing the rapidly evolving state of artificial intelligence and its impact on legal practice.United StatesTechnologyMorris James LLP
ArticleChancery Addresses Pleading-Stage Arguments For Dismissal In LLC DisputeThis decision provides helpful guidance to practitioners to address pleading-stage arguments for dismissal. United StatesCorporate/Commercial LawMorris James LLP