Dead hand pills being dropped; companies not willing to risk challenge after rulings

Article Abstract:

More than 15 US companies have abandoned the corporate anti-takeover measure called dead-hand poison pills after a Delaware Chancery Court decision doubting its validity. The Delaware Chancery Court found in July 1998 that dead-hand pills make proxy contests for control of a company irrelevant and give shareholders too little to say in how a company is run. The court refused to dismiss a shareholder's lawsuit challenging Toll Bros Inc's dead-hand pill.

Methods, Corporate governance, Corporate anti-takeover measures, Antitakeover strategies

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RICO showing up in patent cases again; claims stem from patent prosecution; lawyers balk

Article Abstract:

Racketeering claims increase settlement chances in patent litigation, which probably accounts for their increase.Companies must present evidence of competitors' engaging in a pattern of mail or wire fraud, or of their obstructing justice in some other way. The dearth of published intellectual property decisions prevailing on RICO claims could also be tied to the treble damage provisions for the prevailing parties.

Patent licenses, Patent licensing, Civil RICO actions

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Bankruptcy claims head to mediation; Del. judge approves use to settle personal injury cases

Article Abstract:

Delaware federal judge Roderick McKelvie has ruled in the Venture Stores Inc. Chapter 7 liquidation that mandatory mediation should resolve as many as 450 claims pending against the stores. It is a first in a Delawqare bankruptcy for this many creditors in a bankruptcy to be subjected to mandatory mediation.

Usage, Negotiation, mediation and arbitration, Personal injuries, Corporate reorganizations, Mediation

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