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Client Alerts

Top Five Technology Decisions of the Delaware Court of Chancery for 2010

March 3, 2011

Client Alerts

Top Five Technology Decisions of the Delaware Court of Chancery for 2010

March 3, 2011

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Top Five Technology Decisions of the Delaware Court of Chancery for 2010
Top Five Technology Decisions of the Delaware Court of Chancery for 2010
Long recognized as the nation’s leading business court, the Delaware Court of Chancery continues to be a top forum for litigating disputes over technology such as trade secret misappropriation or enforcement of non-compete or licensing agreements. Despite the Court of Chancery’s location in the second smallest state, its jurisdiction reaches businesses and individuals from around the globe, and even more so since the Delaware legislature opened the court’s doors to a broad array of “technology disputes” in 2003. Delaware courts possess personal jurisdiction over not only the corporations, LLCs, and partnerships formed under Delaware law (including the vast majority of public companies), but also their current and former directors, officers, and managers, who are deemed by statute to have consented to jurisdiction in the Delaware courts for actions related to their positions. Litigants prize the Chancery Court’s expedited handling of complex technical disputes, its stellar judges, its ability as a court of equity to mete out fair and creative forms of relief (as well as traditional damage awards), and the fact that cases are decided by a judge not a jury—leading to more consistent and reasoned decisions.
The Court of Chancery is also able to decide matters quickly and confidentially—key attributes for deciding matters involving confidential technologies. The court’s confidential mediation and new 90-day arbitration options permit parties to resolve their disputes off the public radar before a sophisticated Chancery judge. The court’s key 2010 decisions exhibit why parties feel confident in bringing to this court various technology-based disputes. Here, we summarize our selection of the top five most influential technology decisions of 2010.

Click here for the Top Five Delaware Chancery Tech Opinions of 2010.

© Copyright 2011 Fish & Richardson P.C. These materials may be considered advertising for legal services under the laws and rules of professional conduct of the jurisdictions in which we practice. The material contained in this newsletter has been gathered by the lawyers at Fish & Richardson P.C. for informational purposes only and is not intended to be legal advice. Transmission is not intended to create and receipt does not establish an attorney-client relationship. Legal advice of any nature should be sought from legal counsel. For more information about Fish & Richardson P.C. and our practices, please visit www.fr.com.

 

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