Ellen Bardash
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Delaware litigation reporter @ALMGlobal_, not a wife, not a mom. Past: @DailyRepublic, @scrippsjschool and The Midwest. Delaware-only tweets: @Dellenware
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Articles by Ellen Bardash
Former CEO Claims UnitedLex Blamed Him for Grocery Store Assault, Damaging Reputation
Courtesy photo UnitedLex's former chief executive officer has sued the legal services company for defamation, claiming its response to a video of him being attacked at a grocery store has "tarnished his reputation to the point that he is currently unemployable." James Schellhase, who served as UnitedLex's CEO from September 2023 until his termination in October 2024, filed the lawsuit Monday in the U.S. District Court for the District of Delaware.
Disputed Evidence to Be Addressed on Case-By-Case Basis at Albertsons v. Kroger Trial
Credit: jetcityimage/Adobe Stock/melissamn/Shutterstock.com Nearly two years after an injunction in an antitrust suit halted their proposed merger, Albertsons Companies Inc. and The Kroger Co. are a week out from asking the Court of Chancery to decide whether either grocery chain should be held liable for the deal not surviving the regulatory process.
Groq Shareholders Challenge Nvidia's $20B Reverse Acqui-Hire
Credit: Ralf/Mojahid Mottakinc/Adobe Stock Two former Groq Inc. employees have asked the Court of Chancery to find the technology company's $20 billion deal with Nvidia failed to comply with the transaction process mandated by Delaware law. The lawsuit takes issue with the reverse acqui-hire through which Nvidia hired Groq employees and licensed its technology, a process which avoids officially merging two companies in a transaction that requires a shareholder vote.
DOJ Sues University of Delaware for Allegedly Offering In-State Tuition Illegally
University of Delaware. Courtesy photo The U.S. Department of Justice has sued the University of Delaware and its board of trustees, claiming the school is violating federal law by offering in-state tuition to undocumented immigrants living in Delaware.
Richards, Layton & Finger Director Confirmed as Vice Chancellor
Kyle Lachmund, with Richards, Layton & Finger. Courtesy photo The Delaware Senate on Thursday confirmed Kyle Lachmund to be a vice chancellor on the Court of Chancery. The Senate vote was 19-0 with two absences. Gov. Matt Meyer appointed Lachmund to to take the seat vacated by Morgan Zurn, whom Meyer elevated to the Delaware Supreme Court in July. Lachmund most recently practiced corporate and commercial litigation as a director at Richards, Layton & Finger.
'Both Sides Lose' In Igloo Sale Earnout Decision
Credit: Mdv Edwards/Adobe Stock Vice Chancellor Lori Will ruled Wednesday that neither side of a transaction involving cooler company Igloo proved the other breached the terms of their sale agreement. The decision resolves an earnout dispute at the Court of Chancery between an affiliate of ACON Investments, a private equity firm that acquired Igloo in 2014, and outdoor gear company Dometic Corp., which acquired Igloo from ACON in 2021. "Ultimately, both sides lose," Will stated in her opinion.
Saama Founder Owes $7.3M for Breach of Fiduciary Duty, Court of Chancery Rules
Vice Chancellor Lori W. Will of the Delaware Court of Chancery. Courtesy Photo Saama Technologies' founder must pay $7.3 million for breach of fiduciary duty in padding the company's revenue in an effort to get an earnout payment from a deal with The Carlyle Group, Court of Chancery Vice Chancellor Lori Will ruled Monday. The 105-page decision is a win for Saama and other Carlyle-affiliated post-merger parties who brought counterclaims against Suresh Katta.
‘Culture of Availability’: Can Litigators Ever Truly Unplug?
Tetons mountain range in Wyoming. Courtesy of Ellen Bardash We hope you enjoy this excerpt from Litigation Daily, the exclusive source for sharp commentary on mega court battles, winning strategies and the issues that obsess elite litigators. Law.com subscribers can sign up for The AmLaw Litigation Daily newsletter here. In August, I did something I’d never done before in my career as a journalist: I went completely off the grid.
‘A Culture of Availability’: Can Litigators Ever Truly Unplug?
Tetons mountain range in Wyoming. Courtesy of Ellen Bardash In August, I did something I’d never done before in my career as a journalist: I went completely off the grid. For five days, while I backpacked through the Tetons, I was completely unreachable. With zero bars on my phone, I couldn’t have stayed plugged in to the news cycle if I wanted to. During that time, as far as I was concerned, Luigi Mangione was still planning to go to trial in federal court, and Hayden Panettiere was alive and well.
Delaware Supreme Court Unanimously Upholds Absentee Voting Statute
Delaware Supreme Court Chief Justice Collins J. Seitz Jr. Courtesy photo A unanimous Delaware Supreme Court ruled Monday that the state's absentee voting statute complies with the state Constitution, affirming a Court of Chancery decision. The high court rejected a challenge to the law brought by state Sen. Gerald Hocker, who is seeking re-election, and Senate candidate Steven Washington.
Delaware Supreme Court Weighs Absentee Voting Statute's Constitutionality
Delaware Supreme Court Building. Courtesy photo. Two state Senate candidates urged the Delaware Supreme Court on Wednesday to find the state's permanent absentee statute unconstitutional, a mere six days before the Department of Elections is required to send out absentee ballots for November's general election. Counsel for Sen.
Counsel for Chancery, Federal Activision Shareholder Plaintiffs Clash on Settlement's Scope
Activision Blizzard headquarters on Olympic Blvd, in Santa Monica, CA, United States - May 28, 2023. Credit: JHVEPhoto/Adobe Stock Attorneys for two separate groups of Activision Blizzard shareholders took aim at each other's tactics during a Tuesday settlement hearing before Chancellor Kathaleen St. J. McCormick in the Delaware Court of Chancery.
General Counsel Group Claims AI Developer Infringed Trademarks, Confused GCs
Credit: Olivier Le Moal/Adobe Stock The Association of Corporate Counsel has filed a trademark infringement suit against The L Suite, claiming the artificial intelligence company catering to in-house counsel is unlawfully using the ACC's materials and protected marks to benefit from its reputation.
Divided Delaware Supreme Court Upholds Age-Raising Gun Control Law
Delaware Supreme Court Chief Justice Collins J. "C.J." Seitz Jr. Courtesy photo The Delaware Supreme Court has upheld the constitutionality of a state law generally barring adults under the age of 21 from owning a firearm. The high court's 4-1 decision Tuesday reversed a Superior Court ruling that the age-restriction in the law, H.B. 451, violated the Delaware Constitution's right to keep and bear arms.
Would-Be AI Deposition Tech Developer Must Sign Over IP to Licensee
Delaware Supreme Court Justice Morgan Zurn. Credit: Wikimedia Commons A startup company developing emotion-recognition AI for attorneys to use in depositions must sign over ownership of its technology to a licensee, the Court of Chancery concluded Friday after a four-day trial. iDentivisuals Inc., having breached its contract with the licensee, Candor Compass LLC, "has no one to blame but itself" for the remedy awarded, wrote Delaware Supreme Court Justice Morgan Zurn, sitting by designation.
Former Dallas Cowboys Athlete Accused of Owing Investors $2.5M for Unrealized Solar Farm Project
Emmitt Smith attends the Premiere of Netflix's "America's Team: The Gambler And His Cowboys" at The Egyptian Theatre Hollywood on Aug. 11, 2025, in Los Angeles. Photo: Frazer Harrison/Getty Images A tribe-owned entity filed a lawsuit Monday against former Dallas Cowboys running back Emmitt Smith in the Court of Chancery, claiming he and his business partner defrauded the company out of $2.5 million.
SEC Files, Settles Case Against Dela.-Incorporated AI Startup
U.S. Securities and Exchange Commission seal in Washington, D.C. Photo: Diego M. Radzinschi/Law.com A Miami-based artificial intelligence startup and its co-founder agreed Wednesday to settle the U.S. Securities and Exchange Commission's allegations of making misrepresentations to investors about the company's financial prospects. The SEC had brought that case against GenesisAI Corp.
Ballard Spahr Adds Corporate Litigation Partner From Greenberg Traurig
Lisa Zwally, litigation partner in Ballard Spahr's Wilmington office. Courtesy photo Litigator Lisa Zwally has joined Ballard Spahr's Wilmington office as a partner in its securities enforcement and corporate governance litigation group, the firm announced Monday. Zwally, previously at Greenberg Traurig, said the role matches up with her experience primarily litigating in the Delaware Court of Chancery and the Superior Court's Complex Commercial Litigation Division.
CEO's Alleged Leak, Board Response Created 'Extreme Scenario' Exempt From Safe Harbor, Court Says
Vice Chancellor Lori Will, of the Delaware Court of Chancery. Courtesy photo The Delaware Court of Chancery has identified a transaction process in which a board member's alleged actions were not fully shielded by the Delaware General Corporation Act's safe harbor provisions at the motion to dismiss stage.
SEC Files, Settles Case Against Miami AI Startup
U.S. Securities and Exchange Commission seal in Washington, D.C. Photo: Diego M. Radzinschi/Law.com A Miami-based artificial intelligence startup and its co-founder agreed Wednesday to settle the U.S. Securities and Exchange Commission's allegations of making misrepresentations to investors about the company's financial prospects. The SEC had brought that case against GenesisAI Corp.
Del.’s Bench Has More Women. The Chancery Bar Is Still Catching Up.
Delaware Court of Chancery. Courtesy photo We hope you enjoy this excerpt from Litigation Daily, the exclusive source for sharp commentary on mega court battles, winning strategies and the issues that obsess elite litigators. Law.com subscribers can sign up for The AmLaw Litigation Daily newsletter here. Anyone else can click here to subscribe. In the past decade, Delaware has gradually filled vacancies on its courts with more women than ever before.
Delaware’s Bench Has More Women. The Chancery Bar Is Still Catching Up.
Delaware Court of Chancery. Courtesy photo In the past decade, Delaware has gradually filled vacancies on its courts with more women than ever before. The Court of Chancery is currently led by its first-ever female chancellor, and two of the five sitting vice chancellors are women.
Software Developer Says 'Hypocrisy' Led AI-Focused Competitor to Litigation
Credit: InfiniteFlow/Adobe Stock A workplace software company countersued an AI-focused startup for alleged patent infringement on Monday. People Center Inc.—doing business as Rippling—brought three infringement claims in the U.S. District Court for the District of Delaware in response to allegations made by Anysource Inc., which does business as Runlayer.
Del. Supreme Court Declines Fox News' Bid to Weigh In on Newsom's Defamation Case
Signboard Fox News Channel at the News Corporation headquarters building in Manhattan, New York City. Credit: Maria Sbytova/Adobe Stock The Delaware Supreme Court has declined to take up Fox News' interlocutory appeal of California Gov. Gavin Newsom's defamation case against the network, allowing litigation to move forward in Superior Court. The Thursday afternoon decision, written by Justice Abigail M.
Critical Mass With Law.com’s Ellen Bardash: Gilead Wins Liability Ruling Over Past HIV Drug Alternative, Algorithmic Pricing Suit Against Hotel Casinos Revived by Third Circuit
Gilead a biopharmaceutical company located in Foster City, California (Photo: Jason Doiy) Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: The California Supreme Court weighed in on whether pharmaceutical companies can be liable for negligence if they delay bringing a drug to market. The Third Circuit is allowing guests at Atlantic City hotels to move forward with claims related to anti-competitive algorithmic price fixing.
Cook: Public Benefit Corporations Subject to Revlon-Adjacent Standard of Review
Vice Chancellor Nathan Cook has dismissed a lawsuit brought by shareholders of a student lending company, shedding light on how Delaware's long-standing case law governing fiduciary priorities applies to public benefit corporations. The decision marks the first time the Court of Chancery has addressed whether the Delaware Supreme Court's 1986 decision in Revlon Inc. v. MacAndrews & Forbes Holdings Inc. applies to a public benefit corporation.
'Why Delaware?': Conservative Influencer's Attorneys Ask in French First Couple's Defamation Case
L-R: Candace Owens, Brigitte Macron and Emmanuel Macron. Credits: Wikimedia Commons Superior Court Judge Sheldon Rennie heard argument Monday morning that centered on how much of a tie to Delaware France's first couple needs to proceed with defamation claims against conservative podcaster Candace Owens.
Defamation Case Based on Google AI Outputs Survives Motion to Dismiss
Credit: PixieMe/Adobe Stock A case seeking to hold Google liable for allegedly defamatory statements made by its AI products can move forward, a Delaware Superior Court judge ruled on Friday. Judge Megan Adams denied in its entirety Google's motion to dismiss a defamation claim brought by conservative social media personality and filmmaker Robby Starbuck, who is represented by Shaw Keller, Baughman Law and Dhillon Law Group.
Newspaper Prevails With Judge's Dismissal of UnitedHealth's Defamation Claims
Screenshot of The Guardian website A Superior Court judge has dismissed UnitedHealth's defamation claims against the Guardian, writing that the insurer's interpretation of an article published last year wasn't supported. Judge Calvin L. Scott Jr. granted dismissal on Monday, a win for the Davis Wright Tremaine and Young Conaway Stargatt & Taylor team representing the Guardian.
Responding to Vice Chancellor, Richards, Layton & Finger Directors Address AI Hallucinations
Vice Chancellor of the Delaware Court of Chancery Lori W. Will. Credit: Rdubrodd1959 via Wikimedia Commons . Two Richards, Layton & Finger directors have submitted affidavits to the Court of Chancery explaining how a brief filed in an advancement case was filed without generative AI hallucinations being corrected. Richard Rollo, who signed the filings in question while representing the plaintiff in the case, chairs the firm's generative AI subcommittee.
Labaton Launches Task Force Exploring New Litigation Strategies for Corporate Reforms
Labaton Keller Sucharow office sign. Labaton Keller Sucharow has announced it's launched a corporate accountability and governance task force in an effort to pursue corporate governance reforms through securities and shareholder litigation. A statement from the firm said the task force is focused on finding ways to achieve those reforms as part of resolutions to traditional securities fraud cases, rather than solely through derivative cases that are primarily litigated in Delaware.
Del. Supreme Court Reverses $16M Fee Award in SpaceX Investment Case
Credit: gguy/Adobe Stock The Delaware Supreme Court has found a plaintiff's Court of Chancery win on one issue didn't warrant shifting over $15.8 million in litigation expenses to defendants that prevailed on the majority of the case, which involves parties that attempted to purchase SpaceX shares in 2021. In a July 10 opinion, Justice Abigail LeGrow wrote that the Court of Chancery's post-trial opinion should otherwise be upheld.
Del. Supreme Court Reverses $16M Fee Award in SpaceX Investment Case
NewsCorporate Governance The partial reversal benefits appellees Tomales Bay Capital Anduril III LP, Tomales Bay Capital Anduril III GP LLC and Iqbaljit Kahlon, represented by Kirkland & Ellis and Ross Aronstam & Moritz.
'Facts, Not Forecasts': Class of Air Purifier Buyers Is Decertified
Robert A. Muckenfuss, partner at McGuireWoods. Courtesy photo A U.S. judge has decertified a class of consumers claiming air purifiers they purchased weren't COVID-19 cures as marketed, reasoning the plaintiff hadn't been able to use serial numbers on the devices to identify individual class members as anticipated.
Shareholder Lawsuit Blames Merchandising Missteps, Not Shrinkage, for Five Below's Financial Woes
Five Below store. Photo: J. Albert Diaz/Law.com Five Below was hit with a derivative action in the Eastern District of Pennsylvania on Wednesday by a shareholder who claims the company blamed shoplifting for financial struggles that were caused by failing to keep up with consumer trends.
Valihura Honored for Influential Opinions, Mentorship at Delaware Supreme Court Event
Justice Karen Valihura, Delaware Supreme Court. Courtesy photo. The Delaware Supreme Court held a special session Wednesday afternoon to honor Justice Karen Valihura, who is retiring at the end of July at the conclusion of her 12-year term. During the event at the Leonard L.
Noncompliance Is Part of Uber's Corporate Culture, Shareholder Lawsuit Claims
A sign outside of Uber's headquarters in San Francisco. (Photo: Jason Doiy/ALM) A derivative complaint filed Monday in the Northern District of California claims Uber's litigation exposure is the result of the company's "culture of non-compliance," alleging management ignored reports of sexual assault, discrimination and violations of consumer protection laws. The shareholder plaintiff, the city of Detroit's police and fire retirement system, is represented by Scott+Scott.
Delaware Supreme Court Urged to Reassess Rule Allowing Shareholders to Opt Out of Chancery Settlements
Delaware Court of Chancery. Courtesy photo A shareholder seeking to opt out of a settlement resolving a dispute over Novo Nordisk's acquisition of drug delivery company Emisphere Technologies has asked the Delaware Supreme Court to weigh in on how a long-standing court opinion continues to reverberate.
Shareholder Lawsuit Claims Microsoft Downplayed Copilot's Problems in Bid to Drive Up Stock Price
NewsSecurities Litigation Robbins Geller Rudman & Dowd, Keller Rohrback and VanOverbeke, Michaud & Timmony represent a shareholder retirement fund in the lawsuit filed June 12 in the Western District of Washington. 3 minute read June 15, 2026 at 02:43 PM Microsoft's offices in Munich. Credit: Dvoevnore/Adobe Stock A public employees' retirement fund has sued Microsoft Corp.
It’s the Delaware Way or the Highway: A Primer On Why Delaware’s Corporate Bar Is So Into Civility
Delaware Court of Chancery. Courtesy photo Irascible tort lawyer Joe Jamail once said, “I'd rather have a nose on my ass than go to Delaware for any reason.” That was in response to the Delaware Supreme Court formally reprimanding Jamail for his conduct during a deposition.
What to Know About the WWE Merger Litigation That's Going to Trial
A sculpture of a championship belt in front of the offices of WWE on Washington Boulevard in Stamford, Connecticut, on No. 7, 2023. WWE is an American professional wrestling promotion. Credit: JHVEPhoto/Adobe Stock A case challenging WWE's 2023 merger with Endeavor Group Holdings is headed to trial in the Court of Chancery next week, with one expert for the plaintiff shareholders claiming they were underpaid by as much as $957 million. The trial before Vice Chancellor J.
SEC Moves to Lift 'Gag Rule' Language from Proposed Musk Settlement
U.S. Securities Exchange Commission building. Photo: Diego M. Radzinschi/ALM The SEC, Elon Musk and a trust in Musk's name used to acquire shares of Twitter stock in 2022 have given a D.C. federal court additional briefing on the proposed consent motion that could resolve a case alleging Musk failed to disclose his stock ownership on time. In addition to addressing questions raised by U.S. District Judge Sparkle L.
Law Firms Are Using AI as Strategy Tool, Not for Reliable Forecasts of Litigation Outcomes
Credit: wpw/Adobe Stock The majority of law firm leaders with an eye on AI tools view them as at least somewhat reliable in predicting how cases might turn out, but they're generally not treating large language models as a crystal ball that can calculate the likelihood of winning or losing a case outright. Instead, attorneys are more often using the predictive functions of AI to corroborate or identify potential holes in their thinking about litigation strategy.
Law Firms Are Using AI as Strategy Tool, Not for Reliable Forecasts of Litigation Outcomes
Search Input Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Companies/Organizations Law Firms/Representation Topics AnalysisLitigation Strategy Attorneys are using the predictive functions of AI to corroborate or identify potential holes in their thinking about litigation strategy.
Ex-NBA Player Sues Mobile Provider in Delaware Chancery Court Over Alleged Breach of Spokesperson Contract
DLA Piper offices in Vancouver, British Columbia, Canada. Photo: Mike Scarcella/ Law.com Former NBA player Tristan Thompson has sued World Mobile for breach of contract in the Court of Chancery, claiming the decentralized telecommunications company used the handling of an overpayment as an excuse to terminate his contract as a spokesperson.
Vice Chancellor Imposes Evidentiary Sanction Against WWE Officials for Failing to Preserve Signal Messages in Delaware Litigation
WWE Chairman and CEO Vince McMahon poses at a news conference in East Rutherford, N.J., Thursday, Feb. 16, 2012. Photo: Dave Allocca/StarPix via AP The Court of Chancery has entered non-monetary evidentiary sanctions against WWE's former chairman and president for spoliation of evidence in shareholder litigation challenging the wrestling giant's merger with Endeavor Group Holdings.
Syntimmune Owes Alexion $11M for Noncompliant Drug Materials, But Not $375M From Acquisition Price, Vice Chancellor Rules
Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery. Credit: Wikimedia Commons Vice Chancellor Morgan T. Zurn issued a letter decision on Wednesday finding AstraZeneca subsidiary Alexion Pharmaceuticals is entitled to about $11 million in indemnification for drug materials obtained during the company's acquisition of Syntimmune.
Microsoft Agrees to $250M Settlement With Activision Blizzard Shareholders
Photo: Volodymyr Kyrylyuk/Shutterstock.com Microsoft has agreed to pay former Activision Blizzard shareholders $250 million to settle claims over the two companies' $75.4 billion merger, which closed in 2023. If Chancellor Kathaleen St. J. McCormick approves the settlement, a stipulation of which was filed with the court on Thursday, it could bring more than four years of litigation to a close.
Microsoft Agrees to $250M Settlement With Activision Blizzard Shareholders
Search Input Law.com CompassLaw.com RadarVerdict SearchScholar .China Law & PracticeLegal Dictionary Click to enter your existing username and password or create a new account. Click to purchase an individual user subscription with your credit card. Related information Companies/Organizations Law Firms/Representation Topics NewsLitigation If Chancellor Kathaleen St. J.
Gibson Dunn Awarded $12M for Arizona Real Estate Verdict
An Arizona court has awarded Gibson, Dunn & Crutcher attorneys nearly $12.4 million for winning a $296 million verdict on behalf of a Florida-based real estate developer in October. State Superior Court Judge Adele Ponce ordered the fee award and rejected a motion from the defendant, developer ZOM Holding Inc., to overturn the verdict.
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