Company
Volcano
11 published works
Delaware Chancery Law Blog
Chancery: § 251(h) Tender Offers Get Irrebuttable Business Judgment Review
John O'Toole writes: In In re Volcano Corporation Stockholder Litigation, the Court of Chancery held that stockholders’ acceptance of tender offers as part of mergers accomplished under § 251(h) of the…
Cleary M&A and Corporate Governance Watch
Irrebuttable Business Judgment Rule Applied to 251(h) Tender Offer
By Meredith E. Kotler, David Stein, Anderson P. Heston
Two months ago, in Singh v. Attenborough, the Delaware Supreme Court clarified the defendant-favorable standards for determining liability of directors and their advisors following change in control transactions, where such…
Corporate and Securities Law
Successful Two-Step Tender Offer has the Same Revlon Cleansing Effect as a Stockholder Vote
IP Intelligence
Federal Circuit affirms PTAB in first IPR final written decision appeal
By Kevin Bovard
The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court…
Patent Challenges
CAFC denies appeals of institution and non-institution decisions
In three recent decisions, the CAFC addressed whether the PTAB’s decision to institute an IPR is appealable. For an IPR petition to be instituted, it must show a reasonable likelihood…
PostGrant-Counsel Blog
PTAB Trial Institution Decisions – Are They Ever Appealable?
Several recent cases from the Court of Appeals for the Federal Circuit have confirmed that Congress has given the U.S. Patent Office a great deal of discretion in deciding whether…
New York Attorney Malpractice Blog
The Volcano and Legal Malpractice
Allentown, PA is the epicenter of this legal malpractice case. A group of investors wanted to start a nightclub/bar, and started to explore the Pennsylvania countryside in order to locate…
New York Attorney Malpractice Blog
The Volcano and Legal Malpractice
Allentown, PA is the epicenter of this legal malpractice case. A group of investors wanted to start a nightclub/bar, and started to explore the Pennsylvania countryside in order to locate…
PostGrant-Counsel Blog
The Time Limit for Filing an IPR After Commencement of Patent Litigation Applies to Counterclaims
A petition for inter-partes review (IPR) will be time barred if it is “filed more than 1 year after the date on which the petitioner, real party in interest, or…
Boston Business Litigation
Lightlab Imaging v. Axsun Technologies and Volcano
A case in the Business Litigation Session of Suffolk Superior Court demonstrates how cutthroat competition can be in the medical device industry and how the law deals with companies that…