FDA Law Blog

FEBRUARY 5, 2023

By Faraz Siddiqui — In the Spring of 2021, the Health Resources and Services Administration (HRSA) threatened six drug companies with billions of dollars in penalties for not providing 340B discounts to covered entities that sell drugs through vast networks of contract pharmacies (more background on earlier posts ). A lot is at stake here.

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Law 360

JULY 7, 2023

in Delaware's Court of Chancery, alleging breach of contract and seeking damages and contract reformation. Interdealer municipal bond and securities brokerage Hartfield Titus & Donnelly LLC has sued MarketAxess Holdings Inc.

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Law 360

NOVEMBER 13, 2023

faces a shareholder's breach of contract suit in Delaware's Court of Chancery alleging it failed to honor certain terms of its February deal to buy the meal replacement maker. The consumer packaged goods holding company that now owns Soylent Nutrition Inc.

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Law 360

MARCH 29, 2022

A Delaware vice chancellor dismissed a breach of contract suit filed by health care company Centene Corp. against data storage company Accellion Inc., finding a forum selection clause in their license agreement required the case be heard in California.

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Law 360

JANUARY 29, 2024

In a ruling affirming Delaware's corporate law deference to valid partnership contracts, the state's Supreme Court on Monday reversed a Chancery Court decision that last year invalidated "forfeiture for competition" terms in Cantor Fitzgerald LP's limited partnership agreements, unwinding a win worth $12.5

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Law 360

DECEMBER 19, 2022

A video game developer asked a Delaware bankruptcy court Friday to force cryptocurrency exchange FTX Trading Ltd. to reject a tournament sponsorship contract with the debtor because of the damage its reputation has sustained in recent months.

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Law 360

MAY 19, 2023

Bitcoin miner Coindamental is asking a Delaware Chancery judge for quick action against data center Verecore LLC after Verecore allegedly refused to give up hundreds of costly mining computers in a contract dispute, missed set-up deadlines and failed to honor its hosting contract.

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Law 360

SEPTEMBER 11, 2023

on Monday succeeded in its bid to pause a contract dispute with the buyer of one of its business units so that Delaware's Court of Chancery can decide whether Western Union's former in-house counsel, now the buyer's chief legal officer, can remain involved in the litigation. The Western Union Co.

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Mondaq

APRIL 25, 2022

When cryptocurrency is the consideration to be paid on a contract and the contract is breached, how should a court calculate damages? That was the issue confronted by Judge Wallace in a case.

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Law 360

OCTOBER 28, 2022

after the social media giant sued to enforce his take-private offer in Delaware's contract-focused Court of Chancery, experts said Friday. In the end, tech mogul and Tesla CEO Elon Musk had no way out of his $44 billion deal to buy Twitter Inc.

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Law 360

JANUARY 18, 2022

The Delaware Supreme Court recently ruled in AB Stabile v.

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The IP Law Blog

MARCH 17, 2022

When entering into contracts, parties commonly include forum selection clauses to govern future litigation between the parties. The Court of Appeals for the Federal Circuit has generally recognized that parties can bargain away these rights, including through forum selection clauses in contracts. emphasis added).

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Patently O

MARCH 15, 2022

But, the two parties had a prior agreement to litigate patent disputes in Delaware courts (i.e., The Delaware court (Judge Stark) sided denied preliminary relief and instead sided with the patent challenger – finding (1) evidence of breach was lacking and (2) the real irreparable harm would come from barring the IPR.

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Law 360

OCTOBER 17, 2023

A Connecticut real estate investment firm that sued Verizon for backing out on promises to develop a 70-acre parcel in Irving, Texas, had its entire case thrown out Tuesday after Delaware's Court of Chancery found none of the alleged promises were included in the parties' contracts.

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Law 360

SEPTEMBER 7, 2023

The Delaware Supreme Court declined Thursday to reconsider current precedent for distinguishing void-from-the-start contracts from merely voidable ones, upholding a Morgan Stanley affiliate's finding that its limited liability company's rules incurably scuttled a member's investment, triggering a windfall foreclosure on up to $50 million in membership (..)

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Law 360

MARCH 3, 2023

Delaware's increasingly swamped Court of Chancery has opened a yearlong test to hand off some breach of contract cases to Superior Court's complex commercial litigation judges or to vice chancellors "by designation" from the lower court, reserving Chancery bandwidth for more complex equity disputes.

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Law 360

APRIL 5, 2023

subsidiary lost its bid to enforce noncompete obligations on former business partner and contract drug manufacturer Arranta Bio after a Delaware Chancery Court vice chancellor ruled late Monday that Arranta did not sell itself to a competitor. A Thermo Fisher Scientific Inc.

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Law 360

APRIL 4, 2023

A New Jersey and Pennsylvania bistate commission handling a Delaware River bridge project went beyond its powers when it mandated that contractors make project labor agreements with specific unions in order to bid on the construction contract, a Garden State appeals court ruled Tuesday.

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Law 360

FEBRUARY 1, 2023

military sued the company that acquired it in Delaware's Court of Chancery on Wednesday for allegedly keeping without justification $7 million meant to cover contract breaches and faults. Founders of a company that develops electronic warfare systems for the U.S.

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Law 360

JANUARY 31, 2023

III isn't taking no for an answer and has filed suit in Delaware Chancery Court against Sparks Energy Inc. after the restoration company backed out of a merger agreement it claims did not constitute a binding contract. Cayman Islands-based blank-check company 10X Capital Venture Acquisition Corp.

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Patently O

MARCH 18, 2024

The Federal Circuit has issued an interesting nonprecedential order in In re VLSI Technology LLC , denying VLSI’s petition for a writ of mandamus that sought to reverse a district court order allowing Intel to amend its answer to assert a declaratory judgment counterclaim regarding a patent license defense. Intel Corp. , 4th 1332 (Fed.

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Law 360

AUGUST 9, 2022

The Delaware Chancery Court carved out for an expedited trial on Tuesday a dispute over "no compete" terms in an agreement between two companies over supplies of molecules essential in genetic medicine and other biopharmaceutical uses, with a possible second trial later on contract termination and damage claims.

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Law 360

FEBRUARY 4, 2022

The founder of a health care payment provider who broke into the parent company's all-hands Zoom meeting and called the executive group "dipshits" breached his contract, but the violation may not be "material" enough for him to lose $27.2 million in company shares, a Delaware Chancery Court judge ruled.

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Chugh LLP

JULY 20, 2021

” Delaware is widely considered to be business-friendly due to its modernized corporate law and specialized courts which handle business disputes. incorporating in delaware It is no secret that a high percentage of Fortune 500 companies are incorporated within the state of Delaware, even though they conduct business elsewhere.

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FDA Law Blog

OCTOBER 6, 2021

By Faraz Siddiqui — Last week, we blogged about a growing list of drug manufacturers that have refused to follow a 2010 guidance issued by the Health Resources and Services Administration (“HRSA”), which permits 340B covered entities to contract with multiple pharmacies to dispense drugs to covered entity patients. Code Ann. § Code Ann.§

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Chugh LLP

AUGUST 19, 2021

This legal binding contract lays out the ownership of their assets in case the marriage fails or otherwise ends. Most state courts recognize and enforce these agreements. Sometimes, marriage counseling may be court ordered prior to finalizing a divorce. The court will accept the agreement for the judge’s review.

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Patently O

FEBRUARY 8, 2022

For several years we have been tossing around the question of whether no-IPR contracts are enforceable. 2022) , the court says “YES THEY ARE” (at least when an alternate forum is provided). The covenant included both in court litigation and also validity challenges before the USPTO. In Nippon Shinyaku v.

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The Crime Report

APRIL 26, 2022

Anthony Perkins in a still photo from Orson Well’s 1962 film version of “The Trial” In Franz Kafka’s sinister 1925 novel, The Trial, the hero finds himself the defendant in a court case where he is unaware of what law he has broken. No one else seems to know either but he is found guilty anyway. North Carolina Justice.

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Patently O

JULY 7, 2022

Dismissal at the District Court (485 F. The court went on to find that, even if Continental had standing, its Sherman Act claims would fail. This holding obviated the Circuit’s need to address the district court’s holdings regarding antitrust standing and the merits. 3d 712 (N.D. Citing Bell Atlantic v. Twombly , 550 U.S.

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LawSites

APRIL 26, 2022

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. The judge also let stand a ROSS counterclaim under Section 1 of the Sherman Act, which prohibits “every contract … or conspiracy, in restraint of trade or commerce.” Judge Leonard P.

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The Fashion Law

MAY 18, 2021

The family that formerly owned Brooks Brothers is in the midst of a $100 million legal battle after allegedly failing to “fulfill their contractual and fiduciary obligations to a Brooks Brothers minority shareholder and investor.

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Paralegal Bootcamp

FEBRUARY 3, 2022

I don’t think it’s any secret that health insurance companies contracted rates are low with providers, so there is some incentive for providers to work with attorneys’ offices because they have the potential to recover more of their bill. I have five beautiful children and live in Delaware at the beach.

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Conflict of Laws

JUNE 29, 2023

This also applies to the extended possibility of choice of court agreements, for which it is still unclear whether exclusive prorogation is possible beyond the cases named in Article 10 section 4 of the Brussels II ter Regulation. The Federal Supreme Court requested a ruling of the Federal Constitutional Court on this issue in November 2018.

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Fordham Law News

NOVEMBER 24, 2022

In response, Twitter sued Musk on July 12 th in Delaware Chancery Court to enforce the Agreement, denying Musk’s claims and calling for specific performance and injunctive relief. [12] In so doing, Musk cited a lack of support for Twitter’s calculation that its spam/fake accounts represented less than 5% of all Twitter users. [7]

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Patently O

JANUARY 3, 2024

Court of Appeals for the Federal Circuit has begun 2023 with its first precedential patent decision in DexCom, Inc. In an opinion by Judge Stoll, the court affirmed a district court decision denying DexCom’s motion for a preliminary injunction. District Court for the District of Delaware. by Dennis Crouch The U.S.

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Patently O

FEBRUARY 22, 2023

That’s because current disclosure of litigation funding relies on a patchwork of state law, court rules, self-reporting, FOIA requests, leaks to journalists, and funding pitches. As such, the Federal District Court of Delaware has recently found itself at the center of this high-stakes debate about transparency and the purpose of the courts.

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The Fashion Law

SEPTEMBER 6, 2021

Jessica Simpson is looking to buy back her brand after selling off a majority stake to the Camuto Group in 2005, a move that enabled the fashion label to “find its groove by targeting regular women, not the high-fashion types celebrities often attempt to court,” as Bloomberg put it back in 2015.

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