http://www.delawarelawweekly.com Updated daily en-us August 11, 2010 Copyright 2010 ALM Properties, Inc. All rights reserved. http://www.law.com/service/terms_conditions.shtml http://www.delawarelawweekly.com/images/rss_logo.jpg http://www.delawarelawweekly.com The Dodd-Frank Wall Street Reform and Consumer Protection Act that President Obama signed into law on July 21 contains some corporate governance provisions that could fairly be called encroachments on Delaware law, but it could have been much worse if not for the efforts of the state's elected officials in Washington.http://www.delawarelawweekly.com/news.php?news_id=3393When Gov. Jack Markell signed Senate Bill No. 272 into law on July 23, he may have done much to soothe the frustrations of the many corporations chartered in Delaware who have been displeased with the state's unclaimed property program.http://www.delawarelawweekly.com/news.php?news_id=3394While headlines declared Elena Kagan's confirmation as U.S. Supreme Court Justice -- ensuring that for the first time, three women would sit on the nation's highest court -- another confirmation quietly took place that was of vital importance to Delaware.http://www.delawarelawweekly.com/news.php?news_id=3395 Susan P. Tussey became a commissioner of the Family Court at an investiture ceremony held July 30 at the New Castle County Courthouse in Wilmington. http://www.delawarelawweekly.com/brief.php?news_id=3396 Myron T. Steele, chief justice of the Delaware Supreme Court, has joined the board of directors of the National Center for State Courts, the court announced on Aug. 2. The nonprofit NCSC aims to improve the administration of justice through leadership and service to the nation's state courts. Steele is expected to serve a four-year term. http://www.delawarelawweekly.com/brief.php?news_id=3397 Schnader Harrison Segal & Lewis announced last week that it has moved its Delaware office. The firm's new Wilmington address is 824 N. Market St., Suite 800. http://www.delawarelawweekly.com/brief.php?news_id=3398 The consumer postings on defendants' Web site discussing plaintiffs' product did not constitute sufficient evidence of consumer confusion such that the court did not need to parse out plaintiffs' false advertising claims under the Lahman Act. Motion for temporary restraining order and preliminary injunction was denied. http://www.delawarelawweekly.com/digest.php?digest_id=9185 The court denied defendant's motion for judgment as a matter of law or a new trial on its breach of contract counterclaim where the evidence supported the jury's conclusion that plaintiff had not breached the parties' confidentiality agreement. Defendant's motion for judgment as a matter of law or new trial was denied. http://www.delawarelawweekly.com/digest.php?digest_id=9186 Plaintiff failed to make out a prima facie case of racial discrimination where the only evidence she proffered was her uncorroborated and speculative testimony regarding the circumstances surrounding her demotion and termination. Defendant's motion for summary judgment was granted. http://www.delawarelawweekly.com/digest.php?digest_id=9187 Plaintiff had sufficiently pled facts to state a claim for a declaratory judgment that the subject life insurance policy was void ab initio due to a lack of an insurable interest. Defendants' motion to dismiss was denied. http://www.delawarelawweekly.com/digest.php?digest_id=9188 After considering the totality of the circumstances and defendants' pre- and post-litigation conduct, the court found that plaintiffs established, by clear and convincing evidence, that defendants willfully infringed plaintiffs' patents-in-suit. Judgement for plaintiffs. http://www.delawarelawweekly.com/digest.php?digest_id=9189 The Chancery Court granted defendants' application for interlocutory appeal, as the question of the appropriate standard of review for a controlling stockholder's unilateral two-step freeze-out raised an issue of first impression. Application for interlocutory appeal granted. http://www.delawarelawweekly.com/digest.php?digest_id=9190 The town of Elsmere was not obligated to provide its chief of police with additional rights and procedures afforded to other officers under Chapter 48 of the Police Department's Rules and Regulations where such rights would contravene the governing state statute. Affirmed. http://www.delawarelawweekly.com/digest.php?digest_id=9191 The Superior Court denied defendants' motions to dismiss plaintiff's fraud and fraudulent inducement claims since corporate officials may be held individually liable for their tortious conduct, even if undertaken while acting in their official capacity. Defendants' motion to dismiss was denied. http://www.delawarelawweekly.com/digest.php?digest_id=9192