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March 16, 2022 | Daily Business Review

'A Lot of Motion Practices Are Really Time Wasters': How to Disappoint a Class Action Judge

"If you're not going to win on your best one or two counts, you're not going to win on count 40," one judge said.
8 minute read
March 11, 2022 | New Jersey Law Journal

Protecting Trade Secrets: A New Jersey Overview

The NJTSA provides real protection to companies' trade secrets, but the best trade-secret protections are proactive and not reactive. Here are some suggestions.
12 minute read
February 24, 2022 | New Jersey Law Journal

Employers Be WARNed: 2020 Amendments to NJ WARN Act Remain on Hold, for Now

What New Jersey employers need to know to prepare for the amended NJ WARN Act, once it takes effect 90 days after the State of Emergency declared in Executive Order 103 is finally lifted.
8 minute read
February 16, 2022 | Legaltech News

Managing Corporate Investigations in the Digital Age

Conducting corporate investigations has never been more challenging, leading to a need for a faster and more effective approach to managing and conducting investigations.
5 minute read
Appellate Division, First Department: January 11, 2022
Publication Date: 2022-01-13
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, First Department: January 11, 2022

Law Journal Press | Digital Book New York Employment Law 2023 Authors: Daniel A. Cohen, Joshua Feinstein View this Book

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Zweigenhaft v. Pharmerica Corp.
Publication Date: 2022-01-04
Practice Area: Litigation
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: David M. Klauder, Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Thomas D. Bielli, Philadelphia, PA for plaintiff.
For defendant: Brett D. Fallon, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; Jeremy M. Sternberg, Holland & Knight LLP, Boston, MA; Stosh Silivos, Holland & Knight LLP, New York, NY for defendant.
Case number: D69662

The court held that defendant was entitled to a grant of summary judgment being that the action was barred by res judicata.

December 10, 2021 | New Jersey Law Journal

Testimony of Witnesses In-State and Out-of-State: Issues to Consider Under NJ Law

This article focuses on interactions with current and former company employees under New Jersey law, with attention to implications for out-of-state witnesses involved in New Jersey litigation, and witnesses involved in litigation outside of the state who reside in New Jersey.
15 minute read
In re Cellular Tel. P'ship Litig.
Publication Date: 2021-10-13
Practice Area: Corporate Entities
Industry: Technology Media and Telecom
Court: Court of Chancery
Judge: Vice Chancellor Laster
Attorneys:
For plaintiff: Carmella P. Keener, Cooch and Taylor, P.A., Wilmington, DE; Thomas R. Ajamie, David S. Siegel, Ryan van Steenis, Ajamie LLP, Houston, TX; Michael A. Pullara, Houston, Texas; Marcus E. Montejo, Kevin H. Davenport, John G. Day, Prickett, Jones & Elliott, P.A., Wilmington, DE for plaintiffs
For defendant: Maurice L. Brimmage, Jr., Akin Gump Strauss Hauer & Feld LLP, Dallas, TX; Todd C. Schiltz, Faegre Drinker Biddle & Reath LLP, Wilmington, DE; William M. Connolly, Faegre Drinker Biddle & Reath LLP, Philadelphia, PA; Zoë K. Wilhelm, Faegre Drinker Biddle & Reath LLP, Los Angeles, CA for defendants.
Case number: D69570

Court declined to award dissociation damages where controlling partner failed to comply with provisions of agreement between partnership and another affiliate of the controlling partner, but where such failure did not constitute a breach of the partnership agreement.

Pharmacy Corp. of Am./Askari Consol. Litig.
Publication Date: 2021-09-22
Practice Area: Civil Procedure
Industry: Pharmaceuticals
Court: U.S. District Court of Delaware
Judge: District Judge Andrews
Attorneys:
For plaintiff: Jeffrey S. Cianciulli, Weir & Partners, Wilmington, DE; Walter Weir, Jr., Steven E. Angstreich, Amy R. Brandt, Andrew Park, Weir & Partners, Philadelphia, PA; James Sawyer, Law Office of James Sawyer for Kaveh Askari and Onco360 Holdings parties.
For defendant: Brett D. Fallon, Faergre Drinker Biddle & Reath LLP, Wilmington, DE; Christopher G. Kelly, Stosh M. Silivos, Holland & Knight LLP, New York, NY; Jeremy M. Sternberg, Holland & Knight, LLC, Boston, MA for Pharmacy Corp. of Am.
Case number: D69546

Plaintiffs did not identify any manifest error in the court's rulings or with respect to the final judgment, so they were not en-titled to amendment of the final judgment or a new trial.

Clifford Paper, Inc. v. WPP Investors, LLC
Publication Date: 2021-06-16
Practice Area: Corporate Governance
Industry: Investments and Investment Advisory | Manufacturing
Court: Court of Chancery
Judge: Vice Chancellor Slights
Attorneys:
For plaintiff: Samuel T. Hirzel, II, Elizabeth A. DeFelice, Heyman Enerio Gattuso & Hirzel LLP, Wilmington, DE; Matthew M. Oliver, Lowenstein Sandler LLP, Roseland, NJ for plaintiff.
For defendant: Oderah C. Nwaeze, Faegre Drinker Biddle & Reath LLP, Wilmington, DE for defendant.
Case number: D69431

Claims alleging wrongful disposition of corporate resources or assets were essentially derivative in nature, meaning that former member of LLC lacked standing to assert such claims and could not do so after failing to make litigation demand or plead demand futility.

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