John S. Delikanakis

John S. Delikanakis

Snell & Wilmer

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Delaware Legislature Rejects Fee-Shifting Bylaws for Stock Corporations

On June 24, Delaware’s Governor signed Senate Bill No. 75 into law and closed the door on the tantalizing prospect of fee shifting (“loser pays”) bylaws for Delaware stock corporations. The full text of the bill can be read...more

7/9/2015 - American Rule ATP Tours Bylaws Delaware General Corporation Law Fee-Shifting New Legislation Stock Corporations

The EU’s S-L-O-W March Towards a Uniform Data Protection Regime

The European Union (EU), comprised of 28 member states, currently has a patchwork of privacy and data protection laws, based on the EU’s 1995 Data Protection Directive. This mix of laws has led to inconsistent data...more

6/26/2015 - Corporate Counsel EU EU Data Protection Laws Member State Regulatory Agenda

DOJ Unveils New Cyber Security Unit and Urges Cyber Attack Victims to Cooperate with Post-Breach Investigations

In a recent speech at the Georgetown Cyber Security Law Institute, Assistant Attorney General Leslie Caldwell outlined the recent activities of a new Cyber Security Unit created within the Justice Department’s Computer Crime...more

6/9/2015 - CCIPS Cooperation Crime Victims Cyber Attacks Cyber Crimes Cybersecurity DOJ Government Investigations Popular Victims' Rights

E-Discovery - Nevada U.S. District Court's Special Master's Report and Recommendations: Failure to Preserve ESI, Litigation Holds

Small v. University Medical Center of Southern Nevada arises out of an employment law dispute. The court appointed a special master who found that the defendant medical center failed to preserve a considerable body of...more

10/8/2014 - Electronically Stored Information Evidence Healthcare Facilities Litigation Hold Record Preservation Special Master

Fee Shifting Bylaw Facially Valid Under Delaware Law

On May 8, 2014, Delaware Supreme Court, en banc, answered four questions of law certified to it by the U.S. District Court for the District of Delaware and upheld the facial validity of a fee shifting provision in a Delaware...more

5/19/2014 - Antitrust Investigations Antitrust Litigation Breach of Duty Bylaws Fee-Shifting Statutes Fiduciary Duty

California Jury Awards $6 Million in Sarbanes-Oxley Act Whistleblower Lawsuit

A California jury recently awarded Catherine Zulfer, a former accounting executive at Playboy Enterprises, $6 million after finding that Playboy violated the whistle-blower provisions of the Sarbanes-Oxley Act of 2002 (SOX)...more

3/14/2014 - Playboy Sarbanes-Oxley Whistleblower Awards Whistleblowers

Delaware Supreme Court: No Duty to Buy Out Minority Shareholders in Closely Held Corporations

The Delaware Supreme Court recently considered whether the directors of a closely held corporation had a duty under common law fiduciary principles to repurchase a minority shareholder’s shares. The court also considered...more

2/5/2014 - Board of Directors Closely Held Businesses Corporate Governance Minority Shareholders Purchase Agreement Repurchases Shareholder Litigation Shareholders

High Court's Clear and Loud Voice on Forum-Selection Clauses: Enforce Them

Last Tuesday, the U.S. Supreme Court unanimously held, in Atlantic Marine Construction Co. v. United States Dist. Ct., et al., No.-12-929 (December 3, 2013), that district courts must give valid forum-selection clauses...more

12/6/2013 - Enforcement Forum Forum Selection Clause SCOTUS

Public Record Requests—New Scope of Confidentiality and Disclosure Requirements Under Nevada's Public Records Act

In a recent en banc opinion affecting all Nevada public entities, the Nevada Supreme Court addressed the scope of confidentiality under Nevada’s Public Records Act, NRS 286.110(3)(“the Act”)....more

11/18/2013 - Confidential Information Disclosure Requirements Public Records

Nevada Rejects Literalist View on Some Lender and Trust Deed Holder Requirements for the Right to Enforce

Nevada’s Foreclosure Mediation Program (FMP), statutorily mandates mediation before a non-judicial foreclosure of an owner-occupied residence can proceed. It also encourages the judicial review of that mediation. It has been...more

12/18/2012 - Appeals Assignments Countrywide Deutsche Bank Document Productions Einhorn Foreclosure Judicial Review Mediation MERS Mortgages Promissory Notes Trust Deeds

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