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Summaries and analysis of recent Delaware court decisions concerning business-related litigation.
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Earlier today, Governor John Carney announced his intention to nominate Justice Collins J. Seitz, Jr. to serve as the next Chief Justice of the Delaware Supreme Court. Justice Seitz will take over for departing Chief Justice Leo E. Strine, Jr. The Governor also announced his intention to nominate Vice Chancellor Tamika Montgomery-Reeves of the Court of Chancery to serve as a Justice of the Delaware Supreme Court. Click here to access the press release announcing the nominations.
Morris James' Business, Commercial, eDiscovery and Corporate Law Practices Recognized in Delaware Today "Top Lawyers" Survey
Morris James is pleased to announce that 49 of its lawyers in 18 practice areas were voted by their peers as “Top Lawyers” in a survey conducted by Delaware Today for the November 2019 edition. Twelve attorneys in the Business, Commercial, eDiscovery, and Corporate Law categories were selected by their peers, with 4 of those attorneys named the top vote-getters statewide. The overall number of recognized attorneys was the highest of any Delaware law firm for the second consecutive year. More ›
Lewis H. Lazarus to Participate in Panel Discussion Commemorating the Landmark Case Paramount Communications, Inc. v. Time Inc.
Morris James partner Lewis H. Lazarus will participate in a DSBA CLE titled “The Test of Time: A 30-Year Lookback at Paramount Communications, Inc. v. Time Inc. on its 30thAnniversary.” The CLE will take place live on Thursday, September 26, 2019 at the Delaware State Bar Association. Webcasts will be available in Kent County at the office of Morris James LLP in Dover and in Sussex County at the office of Tunnell & Raysor in Georgetown. More ›
Morris James attorney Meghan Adams will present on the Delaware Court of Chancery’s decision in Klein v. H.I.G. Capital, L.L.C., 2018 WL 6719717 (Del. Ch. Dec. 19, 2018) at the ABA’s Private Equity and Venture Capital Jurisprudence Subcommittee meeting in Vancouver, BC on March 29, 2019.
Meghan A. Adams is a member of the firm's Business Litigation group and focuses her practice on Corporate and Commercial Litigation. She represents clients in a wide variety of matters in the Delaware Court of Chancery, Delaware Superior Court, Complex Commercial Litigation Division, Supreme Court of Delaware and the District of Delaware, including in the areas of corporate governance, complex commercial litigation, stockholder litigation, fiduciary duties, limited liability company and limited partnership disputes, officer and director indemnity and breach of contract. Meghan is currently the Chair of the Partnerships and Alternative Business Entities Subcommittee of the Business Law Section of the American Bar Association. She was also recently nominated to become a Fellow of the American Bar Foundation.
Morris James is pleased to announce attorneys Edward M. McNally and Andrew B. Wilson and have been recognized in JD Supra's fourth-annual Readers’ Choice Awards. The award recognizes popular authors (from among 50,000) for the visibility and engagement their thought leadership earned them last year. Mr. McNally has been recognized for the second consecutive year in the category of Mergers and Acquisitions. Mr. Wilson is being recognized in the category of Healthcare. More ›
Morris James is pleased to announce Kirsten A. Zeberkiewicz has joined the firm’s Corporate and Commercial Litigation group and Erin E. Larson has joined its Intellectual Property Litigation practice. "The addition of these new attorneys reflects Morris James’ ongoing commitment to developing and advancing lawyers who have achieved the highest levels of professional accomplishment," said Keith Donovan, Managing Partner of Morris James LLP.
Kirsten A. Zeberkiewicz focuses her practice on litigation involving corporations and alternative entities formed under Delaware law. She handles corporate governance and complex commercial litigation matters involving fiduciary duty claims, contract disputes, M&A challenges, and summary proceedings in the Delaware Court of Chancery and the Delaware Supreme Court. Prior to joining Morris James, Kirsten gained trial and litigation experience at a New York AmLaw100 firm. Kirsten earned her J.D. from the University of Pennsylvania Law School, cum laude, in 2002. She holds a B.A., magna cum laude, from Pennsylvania State University.
Erin E. Larson focuses her practice on patent litigation and counseling clients in all aspects of practice in the U.S. District Court for the District of Delaware. She is currently working on numerous ANDA and patent litigation cases, spanning a wide range of technologies. Erin is a First Lieutenant in the U.S. Army Reserves, where she coordinates personnel services. Erin earned her J.D. from the University of North Carolina School of Law where she served as Editor-in-Chief of the North Carolina Journal of Law & Technology. She holds a B.S. in Chemistry from Villanova University.
The Administrative Office of the U.S. Courts estimates that federal court operations will remain funded through Jan. 31, 2019. The extension has been achieved by deferring non-critical operating costs and the usage of court filing fees and other available funds.
Court System Notices
- US Courts: Judiciary Has Funds to Operate Through Jan. 31
- DE District Court: Notice Regarding Court Operations During Lapse in Appropriations
- DE Bankruptcy Court: Notice Regarding Court Operations During Lapse in Appropriations
Litigation and filings will continue in Delaware during the federal government shutdown. If you have questions, please contact our Director of Client Relations Dawn Sheiker (302.888.6804; email@example.com).
The 2019 U.S. News – Best Lawyers® annual guide of the “Best Law Firms" recognizes Morris James as a "Best Law Firm" in the national category of Litigation-Mergers & Acquisitions as well as 25 additional categories for their Delaware practices. More ›
Morris James Takes the Lead in Delaware Today Top Lawyers Survey
Morris James LLP is pleased to announce that the lawyers listed below were recognized as Top Lawyers by their peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Morris James had more top lawyers and top vote-getters than any other law firm in Delaware. 39 attorneys were named in 20 practice areas. More ›
Jeffrey R. Waxman, Counsel to the Alleged Victims of Harvey Weinstein, was Quoted in Law360, Bloomberg and Variety Magazine
During the hearing in Wilmington, Delaware, the Weinstein Co. lost its fight to keep Harvey Weinstein’s employment contract secret. That document shows that Harvey Weinstein's actions were facilitated by the company, Jeffrey Waxman, a Morris James partner and bankruptcy lawyer for the alleged victims, said in court. Click on the links below for the full articles.
Delaware Super Lawyers® magazine has recognized five Morris James partners as top legal counsel in Delaware and five "Rising Stars®" attorneys. "Rising Stars®” is a recognition for lawyers who are 40 or under, or who have been practicing for 10 years or less.
Super Lawyers® selects outstanding lawyers from more than 70 practice areas throughout the United States who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only the top five percent of attorneys in each state are honored as Super Lawyers in this annual list, and the Rising Star selection is limited to only 2.5 percent of eligible attorneys, according to Super Lawyers’ website.
Morris James attorneys recognized on the 2018 Delaware Super Lawyers® list are:
P. Clarkson Collins
Jason C. Jowers
Lewis H. Lazarus
Edward M. McNally
Employment and Labor:
David H. Williams
Business Litigation Rising Stars:
Meghan A. Adams
Albert J. Carroll
Patricia A. Winston
Medical Malpractice Rising Stars:
Chambers USA: America's Leading Lawyers for Business Recognizes 15 Morris James Lawyers and Issues 5 Firm Practice Rankings in the 2018 Edition
Thirteen Morris James partners have been named leaders in their respective fields by Chambers USA, and two additional partners were named “recognized practitioners” in Delaware for Corporate/M&A: Alternative Entities. Morris James also received five practice recognitions.
Clarkson Collins Jr.
Lewis H. Lazarus
Edward M. McNally
Brett D. Fallon
Carl N. Kunz III
Stephen M. Miller
Corporate/M&A: Alternative Entities
John M. Bloxom IV
Real Estate & Zoning/Land Use
Labor & Employment**
James H. McMackin III
David H. Williams
Richard K. Herrmann
Mary B. Matterer
* Recognized Practitioner
** Recognized Practice Areas
Third Circuit Dismisses Employees’ Class Action Suit and Finds Chemours’ Severance Plan is not Subject to ERISA
In developing severance plans, employers should take note of the factors courts will consider in determining whether a plan would be considered an “employee welfare benefit plan” under the Employment Retirement Security Act (ERISA). Severance benefits do not implicate ERISA unless they require the establishment and maintenance of a separate and ongoing administrative scheme, and it appears that the employer’s intention is to provide benefits on a regular and long-term basis.
On April 30, 2018, the U.S. Court of Appeals for the Third Circuit affirmed the dismissal of a lawsuit initiated by a class of former employees against Chemours Company under ERISA related to an employee severance plan(Giraradot, et al. v. The Chemours Company). More ›
Ryan T. Keating was quoted in the Bloomberg Law article, "Delaware Ramps Up Data Breach Compliance Mandates," regarding the impact of the new statute.
"The most significant change in the new statute, which updates the state’s 2005 data breach notification law, is that companies are required to “implement and maintain reasonable procedures and practices” to prevent data breaches, Ryan Keating, a member of Wilmington, Del.-based Morris James LLP’s data privacy and information governance group, told Bloomberg Law.
The amended statute does not offer guidance on what constitutes “reasonable” security, so companies developing security programs “would be wise to consider security standards published by NIST and other organizations,” Keating said, referring to the Commerce Department’s National Institute of Standards and Technology."
Morris James LLP, a leading multidisciplinary law firm in Delaware, announced that Dawn V. Sheiker will join the firm in April as its Director of Client Relations. “This new position was developed to focus directly on enhancing client services,” stated Managing Partner Keith Donovan.
As the Director of Client Relations, Dawn will be responsible for developing and overseeing the firm’s client relations for this multi-office law firm. She will work proactively with department and practice area chairs and in coordination with all members of the marketing and executive committees. Her focus will be primarily on providing executive level support for the firm’s client feedback, client teaming, and general business development initiatives.
“We are dedicated to providing innovative and effective ways to serve the needs of our clients and community. Dawn’s talent and expertise will allow us to build upon this core concept and increase the sophistication and quality of service we are providing nationally and locally,” commented Keith Donovan.
Dawn brings with her more than 10 years of experience in law firm marketing and business development, including working for the past five years for an Amlaw 200 firm. Dawn Chaired the Legal Marketing Association Northeast, Philadelphia Steering Committee in 2017 after serving as President-Elect in 2016. She also served as the association’s Treasurer in 2015 after Co-Chairing its Finance Committee in 2014. Dawn obtained an MSc in Applied Social Research from the University of Dublin, Trinity College in 2008. She graduated with an MS in Administration of Justice from Wilmington University in 2006 after receiving her BS, cum laude, from Wilmington University in 2004.
“I am thrilled to be joining the Morris James team. The firm is well known for its national and local practices, and this provides a huge opportunity to work with a dynamic firm in its continued growth and in support of exceptional client service,” said Dawn V. Sheiker.