Delaware

Expert Analysis

• Del. Uber Ruling Reinforces High Bar To Prove Director Bias

  

  The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

• And Now A Word From The Panel: MDLs Continue To Thrive

  

  The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

• Rebuttal

  AI Can't Accurately Predict Case Length And Cost — Yet

  

  A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

• EEOC Policy Change Clashes With Challenges To Arbitration

  

  Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

• What Health Care FCA Trends Tell Us About The Year Ahead

  

  The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

• Lawyers Can Build Trust Through The Spoken Word

  

  As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

• Fed. Circ. Instructive On Transitional Phrases In Patent Claims

  

  Two recent Federal Circuit decisions construing Actavis' and Amgen's drug patent claims provide key guidance for practitioners on using transitional phrases to avoid rendering a claim indefinite or opening a it up to a prior art attack, say attorneys at Morgan Lewis.

• Universities Shouldn't Roll Dice On Sports Betting Compliance

  

  As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

• Opinion

  Legal Prediction Is Demanding But Not Impossible

  

  The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

• Ruling On FERC’s Tolling Orders Could Slow Pipelines

  

  If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

• FERC Issues For Natural Gas Cos. To Watch In 2020

  

  The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

• Malpractice Landscape Is Becoming Riskier For BigLaw

  

  A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

• Perspectives

  Book Review: A Lawyer Reflects On Defending Guilty People

  

  In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

• 7 Legal And Business Considerations For Influencer Marketing

  

  Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

• Federal-State Employment Law Divide Reveals Systemic Flaw

  

  The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.