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Order Reserved: Pronouncement Of Decision Not To Go Beyond Six Months

The Patents Acts in all jurisdictions have strict timelines. Missing the statutory times by the applicant leads to adverse consequences like the application being deemed to have been abandoned or...

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Delaware Supreme Court Rejects "MFW Creep" Argument: All Controlling Stockholder Transactions Require Dual MFW Protections To Receive Deferential Business Judgment Review

April 11, 2024 - On April 4, 2024, the Delaware Supreme Court , in an opinion decided en banc and delivered by Chief Justice Seitz, held that where a controlling stockholder stood on both sides of a...

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Litigation Funding Agreements (Enforceability) Bill Clears Another Hurdle

The Litigation Funding Agreements Bill continued its journey through the Lords on Tuesday with its Second Reading. The Bill aims to address the impact of the Supreme Court judgment in R v...

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Second Circuit Rules That Associational Standing For A Preliminary Injunction Requires Identifying At Least One Injured Member By Name

On March 6, 2024, the U.S. Court of Appeals for the Second Circuit held in Do No Harm v. Pfizer Inc.1 that, to establish Article III standing under the summary judgment standard applicable to a motion...

Dallas , Texas , United-states , Virginia , Southern-district , New-york , American , Joel-kurtzberg , A-philip-randolph , Richard-wesley , Pfizer , Us-supreme-court

Value Pricing In B2C: How Market Research Can Help Companies Walk The Tightrope

Legendary investor Warren Buffet, the chairman and CEO of Berkshire Hathaway, once said he sees pricing power as the most important decision when evaluating a business. According to him, “if you've...

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SEC's Enforcement Authority Over Crypto Asset Transactions Upheld (Again) In Case Against Coinbase

On March 27, 2024, the SEC received a favorable—if at least somewhat split—decision when Judge Failla of the SDNY denied a motion by Defendants Coinbase, Inc. and Coinbase Global, Inc. for...

New-york , United-states , Boston , Massachusetts , American , Corys-flashner , Jed-rakoff , Exchange-commission , United-states-supreme-court , Coinbase-global-inc , Crypto-rating-council , Mondaq-ltd

"Shadow Trading" Is Insider Trading: Jury Establishes Liability In Historic Shadow Trading Case

On April 5, 2024, a jury found Matthew Panuwat civilly liable for insider trading in violation of federal securities laws1 in a first-of-its-kind shadow trading case , which was commenced by the U.S....

New-jersey , United-states , California , Scott-moss , Lowenstein-sandler , Matthew-panuwat , Exchange-commission , Pfizer-inc , Business-development , Northern-district-of-california-court , Exchange-act-rule , Pfizer

U.S. District Court Grants Preliminary Injunction Allowing Lessee To Utilize Surface Overlying Severed Mineral Estate To Develop Neighboring Lands

In EOG Resources, Inc. v. Lucky Land Management, LLC, 2024 U.S. Dist. LEXIS 31348, United States District Court for the Southern District of Ohio granted a preliminary injunction to EOG Resources,...

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How Exclusive Is An "Exclusive" Pipeline Servitude?

In ETC Tiger Pipeline LLC v. DT Midstream Inc. et al. it was not as exclusive as the servitude owner wanted it to be.
Pursuant to a Servitude Of Use For Pipeline, ETC operates a 42-inch, high...

United-states , Dallas , Texas , Richland-parish , Louisiana , Desoto-parish , Panola-county , Charles-sartain , Tiger-pipeline , Dt-midstream-inc , Gray-reed-mcgraw , Mondaq-ltd

Delaware Supreme Court Holds That Boards Must Satisfy The MFW Framework In Controller Transactions To Obtain Business Judgment Deference

Overview In 2014, the Delaware Supreme Court held in Kahn v. M&F Worldwide Corp. that a court will apply the entire fairness standard of review to freeze-out merger transactions between a controlled...

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