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IP Updates

Mediation of Technology and Business-Related Disputes in the Delaware Court of Chancery

January 20, 2009

IP Updates

Mediation of Technology and Business-Related Disputes in the Delaware Court of Chancery

January 20, 2009

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The Delaware Court of Chancery is widely recognized as the nation’s preeminent forum for the determination of disputes involving the internal affairs of Delaware corporations and other business entities.

The Delaware Court of Chancery is widely recognized as the nation’s preeminent forum for the determination of disputes involving the internal affairs of Delaware corporations and other business entities. Since the passage of the Delaware General Corporation Law in 1899, the Court of Chancery has handled some of the preeminent corporate law cases in the country. In addition to corporate law cases, the Court of Chancery has traditional equity jurisdiction, and also has specific statutory jurisdiction conferred upon it by the Delaware General Assembly. The Court of Chancery hears disputes in which there is no adequate remedy at law, such as cases for injunctive and declaratory relief, specific performance, and rescission. As a court of equity, the Court of Chancery has been an important court for trade secret actions, which typically seek injunctive relief. Due to its limited equitable and statutory jurisdiction, the Court of Chancery hears no criminal cases or tort actions seeking only money damages, and does not entertain claims for punitive damages. There also are no jury trials in the Court of Chancery, and cases are assigned to one of the Court’s five judges.

The Court of Chancery’s mediation program allows the Court of Chancery to remain preeminent in its ability to meet the needs of the business community. The mediation program involves mediation of disputes in ongoing cases pending in the Court of Chancery, as well as technology-related disputes and several other business-related disputes (which need not be subject to a case pending in the Court of Chancery).

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