Commercial Courtwatch | Week of 1/12/23

Chronicling business litigation from the Federal Courts of Appeals and Delaware

Patent | Discovery order maintaining attorney eyes only designation on source code not reviewable collateral order. Federal Circuit. 

Trial | District court not abuse discretion in excluding infringement theory that was disclosed four months before trial. Federal Circuit. 

Insurance | DJ action seeking a duty to defend generally becomes justiciable earlier than DJ action for a duty to indemnify. Second Circuit.

Banking | Service members’s claims against banks under JASTA fails for failure to plead a direct link between bank activities and terrorism activities that turn on legal disputes are not cognizable under the FCRA, per Second Circuit. 

Corporate Law | Series A investor can't use "shady" tactic to disqualify a board candidate that would break deadlock yet claim a receiver needs appointing because of deadlock. Del. Chancery. 

Corporate Law | Plaintiff entitled to fees under "corporate benefit doctrine" for writing unsolicited letter to SPAC board correctly advising on required stockholder vote. Del. Chancery. 

Corporate Law | Can't infer that board demand futile because of chance of director liability if in separate litigation court found no liability on the merits. Del. Chancery. 

Securities | Mass solicitation of securities on social media can make you a 12(a) statutory seller under 33 Act. Ninth Circuit. 

TCPA | Facebook not violate the TCPA by sending automated birthday messages because messages not involve autodialer that randomly or sequentially generated phone numbers. Ninth Circuit.