News & Analysis as of

En Banc Review Aiding and Abetting

Herbert Smith Freehills Kramer

Delaware Supreme Court reverses acquirer’s aiding and abetting liability, setting high bar, following precedent set by its recent...

On June 17, 2025, the Delaware Supreme Court (Court), sitting en banc, reversed a Court of Chancery ruling that had held a bidder liable for aiding and abetting fiduciary breaches of the target’s management....more

Brooks Pierce

Taking a Walk Back to a Kinder, Gentler Interpretation of the Computer Fraud and Abuse Act

Brooks Pierce on

We don’t usually talk about four-year-old court decisions in the first instance here. But the Ninth Circuit has issued a pair of noteworthy opinions interpreting the Computer Fraud and Abuse Act in the last few weeks. And...more

McDermott Will & Emery

On Remand, Panel Affirms ITC Finding of Section 337 Violation - Suprema, Inc. v. International Trade Commission

McDermott Will & Emery on

In a non-precedential remand decision, the original panel in the case of Suprema v. International Trade Commission affirmed the International Trade Commission’s finding that appellant Suprema violated § 337 by inducing...more

Goodwin

ITC Has Power Over Imported Articles With Potential to Induce Infringement

Goodwin on

On Aug. 10, 2015, the Federal Circuit issued a much-anticipated opinion confirming the authority of U.S. International Trade Commission (“ITC” or “the Commission”) to stop importation of articles which are used, after...more

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