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The FTC and DAA Set Their Sights on Cross-Device Tracking

Gone are the days of single-browser tracking. Accordingly, cross-device tracking – the process of tracking a single consumer across all of the consumer’s devices – is the new Holy Grail for marketers. Both the Federal Trade...more

Court Dismisses TCPA Claim Against WhisperText Where Text Messages Sent at App Users’ Direction

Last week, in McKenna v. WhisperText et al., No. 5:14-CV-00424-PSG, 2015 WL 428728 (N.D. Cal. Sept. 9, 2015), the U.S. District Court for the Northern District of California dismissed a purported Telephone Consumer Protection...more

Kimble v. Marvel Changes How Patent Licenses Should Be Drafted and Also Diligenced in Transactions

In 1990, Stephen Kimble obtained a patent for a toy that allowed children and adults to shoot “webs” from the palms of their hands. Kimble met with the president of Marvel Enterprises, Marvel Entertainment’s predecessor, to...more

Re-examining the M&A Playbook for Non-consenting Stockholders in Light of Cigna Health

In a case that is likely to impact M&A structuring for certain transactions, the Delaware Court of Chancery held that (1) stockholder release obligations found only in a letter of transmittal and not in the related merger...more

SEC Recently Issued a No-Action Letter Exempting Private Company M&A Brokers From Registration With the SEC as Broker-Dealers

The staff of the Division of Trading and Markets of the Securities and Exchange Commission (the "SEC") recently issued a No-Action Letter[1] that should reduce significantly the registration burdens upon certain brokers and...more

Retaining the Attorney-Client Privilege in a Merger

In Great Hill Equity Partners IV, LP v. SIG Growth Equity Fund I, LLLP, Chancellor Strine of the Delaware Chancery Court recently reaffirmed that the target company in a Delaware merger is the sole holder of the...more

In re MFW Shareholders Litigation: Business Judgment Rule Applicable to Freeze-Out Mergers with Built-in Protections for Minority...

On May 29, 2013, the landmark decision of In re MFW Shareholders Litigation (MFW), issued by Chancellor Strine of the Delaware Chancery Court, held the business judgment rule standard of review is applicable to freeze-out...more

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