Showing 3 posts from September 2018.

Delaware’s Incremental Grapple with E-Cigs

Posted In News

Earlier this month the FDA announced that use of electronic cigarettes (or “e-cigs”) reached epidemic proportions among teenagers and it is cracking down. It placed the burden on five manufacturers to prove their devices are not being sold to minors and sent out notices to retailers reminding them of the prohibition against selling to minors under federal law. Delaware has had this same debate in slow motion starting in 2014, attempting to leverage its three main regulatory strategies: sales to minors, Clean Indoor Air Act, and taxes.

Delaware’s three major mechanisms are as follows:

  • 11 Del.Code §§ 1115-27 - Prohibition of Tobacco Sale to Minors
  • 16 Del.Code §2901 et al. - Clear Indoor Air Act
  • 30 Del.Code § 5301 et al. - Tobacco Excise Tax
More ›

First Delaware State Bar Association Health Law Section Meeting

Posted In Health Care, News

The first Delaware State Bar Association Health Law Section meeting with Morris James LLP attorney Andrew Wilson leading along with Rob Collins will convene on Monday, October 22nd at 12:00 pm when the Section will reconvene at the Bar Association on King Street. Drew Wilson was recently appointed as a co-chair of the Section.  The group will discuss opportunities and goals for the section over the next year. It’s an exciting time in health law and policy; the section could play an impactful role.  Anyone involved in the Delaware healthcare industry should contact Drew directly about ideas for the section, and the role it can play in education and awareness.  Lunch will be provided, but those unable to attend in person can participate by phone. The call-in information is 1-800-391-2548, with pin code 75484489. There will also be an upcoming health-related CLE titled “The Opioid Epidemic and the Law.” on the morning of September 26th from 9: 00 am to 12:30 pm. The keynote speaker will be our Attorney General, Matt Denn, who has championed the issue during his time in office.  Contact Drew for more details!

Are Post-Merger Facts Ever Relevant?

Posted In Appraisal

Appraisal litigation is unique under Delaware law. In almost every instance you can think of, once an event provides a right to recover damages (such as a fire caused by negligence), what happens later is relevant to determining the amount of damages. For example, the actual future earnings of a business is relevant to a claim for lost profits. But, that is not always so in an appraisal case. There the valuation of the company involved is determined as of “the point just before the merger transaction ‘on the date of the merger,’” see Merion Capital v. Lender Processing Services, (Del. Ch. Dec. 16, 2016). More ›