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  • Article

    Want To Feel Better? Thank Someone Else

    Thanking others is a quick, easy way to improve our well-being, and it has the added benefit of recognizing and empowering others
    United StatesEmployment and HR
    Morris James LLP
    Morris James LLP
  • Article

    Delaware's New Medicaid Director

    Morris James alum Drew Wilson has taken the reigns as the First State's new Medicaid Director.
    United StatesFood, Drugs, Healthcare, Life Sciences
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Strikes Unclean Hands Defense Lacking Sufficient Nexus To The Claims

    Here, 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 Audit
    Morris James LLP
    Morris James LLP
  • Article

    Changes To Data Breach Notification Requirements

    I'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 StatesPrivacy
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Denies Advancement For Director Suspected Of Leaking Confidential Financial Information

    A 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 Law
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Declines To Shift Costs To Derivative Plaintiffs

    By 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 Sciences
    Morris James LLP
    Morris James LLP
  • Article

    Plaintiffs Adequately Pled Unjust Enrichment For Materially Deficient Disclosures

    To 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 & Arbitration
    Morris James LLP
    Morris James LLP
  • Article

    UPDATE: Pennsylvania Supreme Court Expands Access To Courts For Medical Malpractice Cases

    To expand court access for victims of medical malpractice, the Pennsylvania Supreme Court recently changed its venue rules for medical malpractice cases.
    United StatesLitigation, Mediation & Arbitration
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Excuses Condition In Stockholder Agreement When Company Caused Its Non-Occurrence

    In 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 Law
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Orders LLC's Dissolution As Sanction

    The 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 Law
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Awards Mootness Fee Applying Recently Adopted Standard

    This opinion represents one of the first decisions applying Magellan, and awarded $100,000 where plaintiffs sought $850,000.
    United StatesLitigation, Mediation & Arbitration
    Morris James LLP
    Morris James LLP
  • Article

    Benchmark Report On The State Of A.I. In EDiscovery Released

    I 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 StatesTechnology
    Morris James LLP
    Morris James LLP
  • Article

    New 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 Construction
    Morris James LLP
    Morris James LLP
  • Article

    Generative A.I. Tools In eDiscovery

    ChatGPT 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 StatesTechnology
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Clarifies Controlling Stockholder Fiduciary Duties In Sears Litigation

    Here, 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 Law
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Finds Amendment To LLC Agreement Invalid For Want Of Manager's Involvement

    In governance disputes among LLC constituencies, the operating agreement is the beginning and often end point.
    United StatesCorporate/Commercial Law
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Invokes The Implied Covenant To Invalidate Shareholder Rights Plan

    In 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 Law
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Concludes Accountant Provision In Stock Purchase Agreement Calls For Expert Determination Rather Than Arbitration

    Parties 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 & Arbitration
    Morris James LLP
    Morris James LLP
  • Article

    A.I. And Legal Practice: Enthusiasm, Integration, And Application

    I 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 StatesTechnology
    Morris James LLP
    Morris James LLP
  • Article

    Chancery Addresses Pleading-Stage Arguments For Dismissal In LLC Dispute

    This decision provides helpful guidance to practitioners to address pleading-stage arguments for dismissal.
    United StatesCorporate/Commercial Law
    Morris James LLP
    Morris James LLP

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