Berger Harris is pleased to announce that Christopher L. Messa has joined the firm as a partner. Details at bergerharris.com.
The State of Delaware has launched corplaw.delaware.gov, a website dedicated to educating the public about Delaware's corporate law and assisting businesspeople by providing easy-to-access information about incorporation, cross-border entities, fiduciary duties,
In Cooper Tire & Rubber Company v. Apollo (Mauritius) Holdings Pvt. Ltd, C.A. No. 8980-VCG (Del. Ch. Nov. 8, 2013) (TRANSCRIPT), the Delaware Court of Chancery rejected claims by plaintiff Cooper Tire & Rubber Company (“Cooper”) that defendant Apollo (Mauritius) Holdings Pvt.
Lawyers drafting contracts (including operating agreements for LLCs and other business entities) often use "notwithstanding anything to the contrary" clauses to lend preclusive effect to a particular section. For example, an agreement might contain a provision that "notwithstanding anything to the contrary in this agreement, any Member may engage in other business without the permission of the Company or the other Members."
Adam Mossoff offered testimony on November 19, 2013 before the Consumer Protection, Product Safety, and Insurance Subcommittee of the Senate Commerce, Science and Transportation Committee regarding pending "patent troll" litigation (something we have covered previously - see here and here).
In Authors Guild, Inc. v. Google Inc., 05 Civ. 8136 (DC) (SDNY Nov. 14, 2013), 2013 U.S. Dist. LEXIS 162198, the US District Court for the Southern District of New York held that the Google Books program—and its use of copyrighted works—is “fair use” under the four factors enumerated in 17 USC § 107.