Category: djcl
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WHAT IS THE [EA] GAME PLAN?
BY: GEORGE R. TWARDY, III Brief Overview of EA Games and Why it’s in the News Electronic Arts Inc. (“EA Games”) was founded in 1982.[1] After about eight years in the business, EA Games filed an initial public offering on March 26, 1990.[2] Since 1990, EA Games has been operating as a publicly traded company…
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Private Equity and its Entry into the National Football League
By: Noah Pearson Introduction Since the National Football League’s (NFL) inception in 1920, the NFL has consistently resisted moving away from its tightly controlled ownership structure. Many of these franchises are either sold from one billionaire to the next or are passed down to the owner’s next of kin. But, in August 2024, NFL owners…
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The “Haircut” in Tornetta: A Structural Pivot in Delaware Equity and Fee Jurisprudence
By: Mark Calhoun Introduction The tumultuous litigation in Delaware’s Court of Chancery, over a CEO’s incentive-based compensation plan, for one of the world’s wealthiest persons, altered the landscape of corporate litigation remedies and the valuation of plaintiffs’ attorneys’ fees. The Supreme Court of Delaware’s decision in In re Tesla, Inc. Derivative Litigation[1] reversed the Court…
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Is Board of Directors in Trouble? Overwork And Burnout Presents a Risk Under Modern Corporate Governance
By: Socheata Cheng I. Introduction Burnout manifests itself in different ways across the career spectrum. Oftentimes, the degree of burnout depends on the where someone sits in the organization chart of the corporation.[1] The question that has yet to be answered is whether burnout in the workplace is simply a business management issue or a…
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Why Bet River’s Monopoly on Online Sports Betting in Delaware is Hurting Delaware’s Gaming Market
By: Anthony Mineo Delaware has a unique history regarding sports betting, as the First State became the second tate to legalize in-person sports betting in 2009.[1] However, Delaware’s first foray into the sports betting business began in 1976 with “Scoreboard,” a series of NFL lottery games with three different variants that allowed players to bet…
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Business Judgment Restored: Delaware Supreme Court Rejects Quick Trigger on Entire Fairness
By: Sebastian Sauermann INTRODUCTION Delaware’s entire fairness test as applied to actions of corporation directors is often the kiss of death for director defendants.[1] That being the case, it is not surprising that companies such as Tripadvisor and Liberty Tripadvisor opted to pack their bags and head for Nevada where the level of scrutiny applied…
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Toxic at the Top: When Harassment Becomes a Corporate Liability
By: Hanna Donohue[1] In the intervening years since the “Me-Too” Movement of the late 2010s[2], sexual misconduct, harassment, and workplace discrimination does not seem to have improved. The halls of Congress[3], network talk shows[4], and activist marches[5] have all proven to be unsafe and unwelcome venues for women and people of color. Most cases of…
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“Receipts! Proof! Timeline! Screenshots!”: How Independent Contractor Status Allows Bravo Castmates to Retain IP Rights
By: Kate Schiller You may be familiar with the pop-culture icons that take the stage nearly every night of the week on Bravo – the Real Housewives; Southern Charm; Vanderpump Rules, and many more. What is lesser known, however, are the tools, so-called “Bravolebrities,” use to build their personal brands. Bravo castmates – among many…
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The Parent Trap: Parent Company Conflicts and the “Commercially Reasonable Efforts” Standard in Biotech Collaboration Agreements
By: Michelle D. Cruz Introduction Collaboration arrangements for emerging technologies have been rapidly increasing, especially among companies developing COVID-19 diagnostics, vaccines, and therapeutics.[1] AnaptysBio, Inc. (“AnaptysBio”) is a clinical-stage biotechnology company focused on delivering innovative therapeutics for autoimmune and inflammatory diseases.[2] This current dispute stems from a March 2014 Collaboration and Exclusive License Agreement (the…
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A Costly Mulligan: Antitrust, Equity Exclusion, and Delaware Law in the PGA Tour’s Returning Member Program
By: Joe Pettinato I. Introduction In January 2026, Brooks Koepka, a five-time major champion and former world number one, returned to the PGA Tour after nearly four years on the Saudi-backed LIV Golf League.[1] His return came through a newly created Returning Member Program, a one-time pathway for elite LIV defectors.[2] The price of readmission,…
