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Court of Chancery's Increased Scrutiny of Non-Bankruptcy Liquidations

Background - Delaware has seen a significant uptick in the number of assignment for the benefit of creditors (ABC) filings. Through recent decisions, the Court of Chancery has sent a strong message that it expects parties...more

Delaware Jury Awards US$334 Million in DNA Sequencing Patent Trial

BACKGROUND - This month, a Delaware federal jury determined that Illumina, Inc. (Illumina) willfully infringed two DNA sequencing patents owned by Complete Genomics, Inc. (CGI), while also invalidating three Illumina patents...more

Judge Connolly Issues Three New Orders Impacting Patent Cases

I. Background - The Honorable Colm F. Connolly, of the United States District Court for the District of Delaware, recently issued a series of three standing orders that affect patent cases filed in the District. ...more

In Matter of First Impression, Delaware Superior Court Calculates Value of Cryptocurrency for $25 Million Damages Award

In April, 2022, the Delaware Superior Court’s Complex Commercial Litigation Division answered a novel question in Delaware law: “When the consideration to be paid on a contract is in cryptocurrency and the contract is...more

Shareholder “Appraisal” Action Can Trigger D&O Insurance Coverage, According to Delaware Court

In a significant ruling of first impression, Solera Holdings, Inc. v. XL Specialty Insurance Co. (“Solera”), the Delaware Superior Court recently held that a corporation might find coverage in its directors and officers...more

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