Litigation

In an unpublished opinion, a two-judge panel of New Jersey's Appellate Division recently reinstated a medical malpractice case that had been dismissed for want of an expert.

Federal Circuit: Collateral Estoppel Can Apply to Patents With Claims Similar To Those in Previously Litigated
Federal Circuit Uses 'Rule of Reason' To Determine Patent Owner Had an Early Reduction to Practice

Discussion and analysis of three major rulings.

In the wake of suits filed against Equifax by consumers, businesses and governmental units, courts will have to grapple with the question of what remedies are appropriate. These issues are not unique to the Equifax incident, but the scope of the breach will undoubtedly lead to more debate than ever before.

Beyond Filing a Proof of Claim

This article explains the rights of a creditor, whether an equipment financier or otherwise, to pursue examinations of a debtor in bankruptcy in order to obtain sworn testimony and information that may be helpful to the creditor.

Corporate practitioners have been closely following developments in Delaware's shareholder appraisal litigation. Much of the interest concerns the court's "fair value" determination and the risk that an acquiring company will have to pay appraisal petitioners more than the merger deal price. In a much-anticipated decision, the Delaware Supreme Court provides valuable guidance about the relative importance of the deal price in the court's adjudication of the "fair value" of a petitioner's shares.

Because there are so many new digital channels for possible intellectual property infringement, knowledge of the various mechanisms available to combat the issue is vital to enabling entertainment industry owners to protect their brand.

This edition of the Quarterly State Compliance Review looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, 2017, including amendments to Delaware's corporation and LLC laws.