Jason J. Rawnsley

Delaware Enacts Personal Data Privacy Act

September 20, 2023

On September 11, 2023, Governor Carney signed into law the Delaware Personal Data Privacy Act (the “Act”), making Delaware one of twelve states that have passed comprehensive data privacy laws in the absence of a national law.  The Act, which takes effect on January 1, 2025, will require companies and individuals that fall under its purview…

Attorney Fees for Enforcing Indemnification Rights in Litigation under Delaware Law

ABA   |   May 2, 2023

Parties entering into transactions often provide for indemnification rights in their agreements. Those agreements typically provide for reimbursement of attorney fees and costs as indemnifiable losses. For instance, the ABA Model Stock Purchase Agreement defines “Loss” as “any cost, loss, liability, obligation, claim, cause of action, damage, deficiency, expense (including costs of investigation and defense and…

Co-author with William J. Wade, “The Effect of the Appellate Court Decision,” Third Circuit Appellate Practice Manual (3d ed.)

2016

U.S. Supreme Court Adopts New Indefiniteness Standard

Delaware Business Court Insider   |   June 25, 2014

In a decision that will doubtless lead to more patent claims being challenged as indefinite, the U.S. Supreme Court in Nautilus v. Biosig Instruments, unanimously held that a claim is indefinite if it fails to inform one of ordinary skill in the art of the scope of the invention with reasonable certainty.

The Battle over Confidential Arbitration

ABA   |   February 27, 2013

The Delaware Court of Chancery’s business arbitration program was barely underway when the Delaware Coalition for Open Government, a state affiliate of the National Freedom of Information Coalition, brought suit to nullify one of its central features: confidentiality of proceedings. The coalition alleged that the confidentiality provisions of the arbitration statute and the corresponding Court of…

Section 162(m) Litigation: What We Know So Far

The Review of Securities & Commodities Regulation   |   November 21, 2012

This article sets forth some typical allegations found in complaints challenging Section 162(m) plans, discusses the courts’ treatment of various arguments that have been raised in motions to dismiss, describes what typical settlements look like, and provides practical advice to mitigate the risk of becoming the target of one of these lawsuits.

The 2010 Amendments to the Expert Discovery Provisions of Rule 26 of the Federal Rules of Civil Procedure: A Brief Reminder

ABA   |   April 18, 2012

“The most frequent method for discovering the work of expert witnesses is by deposition,” according to the advisory committee notes to Rule 26. On December 1, 2010, certain changes to the expert discovery provisions of this Rule went into effect. These changes clarified the scope of discoverable information about an expert’s work that is available to…

Delaware Superior Court’s Complex Commercial Litigation Division

U.S. Law Week   |   October 4, 2011

In the October 4, 2011 edition of U.S. Law Week, C. Malcolm Cochran and Jason Rawnsley discuss the scope, procedures, and caseload of the Delaware Superior Court’s Complex Commercial Litigation Division, including its implications for the separation of law and equity in Delaware.

Inducement of Infringement Requires Knowledge of the Infringed Patent: Global-Tech Appliances Inc. v. SEB S.A.

The IP Legal Browser   |   Fall 2011

It is well established that liability for direct infringement does not depend on the knowledge or intent of the infringer, but that indirect infringement under 35 U.S.C. § 271(c) requires that the accused infringer have knowledge of the infringed patent.

Local Practices for Electronic Discovery

The Federal Lawyer   |   February, 2011

The shift from paper to electronic communication and storage has transformed every step of litigation, from initial case assessment to discovery and even trial.

Presenter, “Overview of the U.S. District Court for the District of Delaware,” U.S. Law Firm Group Litigation Committee Spring Meeting

May 12, 2023

Panelist, “Intellectual Property Trends to Watch in 2022 & Beyond,” SCG Legal Annual Meeting

September 23, 2022