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Court of Chancery Issues Opinion on Fee-Shifting Bylaws

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In Corporate Litigation | On March 17, 2015

On March 16, 2015, Chancellor André Bouchard of the Delaware Court of Chancery issued an important decision, on the high-profile topic of fee-shifting bylaws, in Strougo v. Hollander, 2015 WL 1189610 (Del. Ch. March 16, 2015). The bylaw in question had been adopted by the board of directors of First Aviation Services, Inc., a Delaware […]

District of Delaware Grants Motion to Exclude Lost Profits Testimony

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In IP Litigation | On February 25, 2015

In Immersion Corp. v. HTC Corp., et al., 2015 WL 834209 (D. Del Feb. 24, 2015), the District of Delaware granted in part a Daubert motion allowing testimony regarding a reasonable royalty, but excluding Plaintiff’s expert’s testimony on lost profits. Plaintiff’s expert based his lost profits theory on a negotiated, but never entered into, license […]

Litigation Funding Documents Warrant Work Product Protection

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In Corporate Litigation | On February 24, 2015

In a case of first impression, the Court of Chancery in Carlyle Investment Management L.L.C., et al. v. Monmouth Company S.A., et al., 2015 WL 778846 (Del. Ch. Feb. 24, 2015), held that documents concerning the negotiation of a litigation funding agreement are protected by the work product doctrine. Carlyle Investment Management L.L.C. and related […]

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