Delaware

  • March 05, 2021

    Ferrellgas Partners Wins Ch. 11 Confirmation

    Two debt and equity holding affiliates of Ferrellgas LP, one of the nation's top propane distributors, secured Chapter 11 plan confirmation in Delaware on Friday, with a bankruptcy judge turning aside disclosure and fairness objections raised by three equity holders.

  • March 05, 2021

    Investors Sue To Block $2.3B Gov't Tech Services Merger

    Shareholders in digital government services company NIC Inc. are seeking to block a $2.3 billion merger with software provider Tyler Technologies Inc. from going ahead, claiming the company's board of directors misled investors, according to two suits in Delaware federal court.

  • March 05, 2021

    3rd Circ. Keeps Atlantic City Pool Party Injury Suit Afloat

    The Third Circuit on Friday revived a lawsuit against Harrah's Resort in Atlantic City filed by a woman who claims she broke her hand falling into a pool during a party, saying the history of people falling or being pushed in shows that Harrah's should have anticipated it was a hazard.

  • March 05, 2021

    US Trustee Says Lighthouse Ch. 11 Releases Go Too Far

    The U.S. Trustee's Office Friday asked a Delaware bankruptcy judge to reject coal mining company Lighthouse Resources' Chapter 11 plan, saying it would force creditors to release legal claims against too many parties.

  • March 05, 2021

    Brooks Brothers Confirms Ch. 11 Plan Without Opposition

    Bankrupt clothing retailer Brooks Brothers Group Inc. received court approval Friday for its Chapter 11 plan of liquidation that will pay secured creditors in full and enjoyed unanimous support from impaired creditors.

  • March 05, 2021

    Dole's Win Bolsters Del. Corporations In D&O Coverage Fights

    The Delaware Supreme Court issued a landmark ruling March 3 that state law does not excuse a Dole directors and officers insurer from covering the food company's settlements of fraud-based claims, a decision that will aid other Delaware corporations in similar disputes with their D&O carriers.

  • March 04, 2021

    DOJ's 'Troubling' Theory Gains Walmart Allies In Opioid Case

    Business groups, a pro-business think tank and a drug store advocacy group have backed Walmart's attempt to torpedo the federal government's suit claiming the retail chain helped spur the nationwide opioid epidemic by failing to scrutinize suspicious prescriptions.

  • March 04, 2021

    Boeing Emails In Chancery Suit Show Angst Over 737 Reports

    The Boeing Co.'s leadership struggled on multiple fronts to get ahead of negative news about the company's 737 Max jetliners after one of them crashed in late 2018, according to documents released Thursday in a Delaware Chancery Court stockholder lawsuit.

  • March 04, 2021

    Insurer Can Resume Stock Overvaluation Suit Coverage Row

    A Michigan federal judge ruled on Thursday that Great American Fidelity Insurance Co. can restart its bid to dodge coverage of a lawsuit accusing advisory firm Stout Risius Ross of faulty stock valuations, reasoning that the stock suit has been reduced to just one claim that's ineligible for coverage.

  • March 04, 2021

    Alamo Drafthouse Gets OK To Tap $7M In DIP Funds

    Bankrupt movie theater chain Alamo Drafthouse Cinemas on Thursday got permission from a Delaware bankruptcy court judge to tap into the first $7 million of its Chapter 11 financing as it starts on the road to an asset sale it plans to close in May.

  • March 04, 2021

    Fed. Circ. Vacates L'Oreal Injunction In Hair Care Fight

    The Federal Circuit on Thursday vacated an injunction against L'Oreal's hair care products at the center of a $50 million patent case brought by Olaplex, faulting a lower court's "inappropriate" summary judgment ruling given the genuine questions of material fact regarding infringement.

  • March 04, 2021

    Alleged Charity Robocall Scammers Cut $110M FTC Deal

    Telemarketers behind an alleged massive robocall scheme cut deals totaling $110 million to resolve allegations by the Federal Trade Commission and dozens of states they bombarded 67 million consumers with 1.3 billion deceptive charitable fundraising calls, according to documents filed in Michigan federal court Wednesday.

  • March 04, 2021

    Del. Justices Affirm Morris James' Softball Injury Suit Escape

    The Delaware Supreme Court on Wednesday affirmed a lower court decision that let Morris James LLP off the hook for a paralegal's claims that the firm retaliated against him for filing a workers' compensation claim over an injury he suffered while playing for its softball team.

  • March 04, 2021

    3rd Circ. Backs BNY Firing Worker For Violent Facebook Post

    The Third Circuit on Thursday upheld a ruling that BNY Mellon was legally justified in firing an employee who in a Facebook comment suggested driving a bus through a crowd of people protesting a police-involved shooting in East Pittsburgh.

  • March 04, 2021

    3rd Circ. Won't Vacate Woman's $1.2M Malpractice Settlement

    The Third Circuit has again rejected a Philadelphia woman's yearslong bid to undo a $1.2 million medical malpractice settlement with the federal government she agreed to in 2012, letting stand a district court's decision to enforce the deal.

  • March 04, 2021

    Chancery Seems Skeptical Of UpCounsel Investor Claims

    A Delaware vice chancellor said Thursday she "wasn't very persuaded" by some arguments from an investor seeking derivative damages from the top figures of online legal services venture UpCounsel Inc., who the investor says licensed away the heart of the company without adequate disclosures before folding the business.

  • March 05, 2021

    Business Suits Over Virus Rules Likely To Fail, But Not Slow

    The many constitutional challenges to coronavirus restrictions that businesses have launched are unlikely to succeed, but their proliferation worries public health law experts, who say more are coming and even those that fail can undermine public health measures, now and for future pandemics.

  • March 03, 2021

    Insurer Owes Dole $12M Over Investor Suits, Del. Justices Say

    Delaware's high court affirmed Wednesday that RSUI Indemnity Co. owes more than $12 million toward $222 million in settlements that Dole Food Co. and its CEO struck to resolve stockholder suits over alleged fraud in a 2013 take-private deal, clarifying that state law permits coverage for claims of fraudulent conduct.

  • March 03, 2021

    Del. Justices Reverse GSK's $57M Lupus Drug Patent Loss

    The Delaware Supreme Court reversed a trial court decision Wednesday that put pharma giant GSK on the hook for $57 million in damages over its decision to halt royalty payments on a lupus drug, ruling there were no "gaps" in its agreement with a rival that prevented the move.

  • March 03, 2021

    Tech Exec Says Hyperlink Rebooted Defamation Suit

    Attorneys for a tech entrepreneur told Delaware Supreme Court justices in a closely watched case Wednesday that disputed wording in an online story that hyperlinked to an allegedly defamatory earlier article should be sufficient to overcome a lower court's statute of limitations dismissal.

  • March 03, 2021

    Nursing Home Biz Cleared To Tap Into $5M Loan In Ch. 11

    Affiliates of nursing home business Consulate Health Care were cleared on Wednesday to tap into a $5 million post-petition loan as they move forward with plans to sell assets after being plunged into Chapter 11 in Delaware by a roughly $258 million False Claims Act judgment.

  • March 03, 2021

    J&J Blasts 'Tainted Process' In Imerys Ch. 11 Case

    Johnson & Johnson has told a Delaware bankruptcy court that talc supplier Imerys Talc America is engaging in unfair Chapter 11 maneuvers aimed at shielding its parent company from liability for talcum powder cancer claims and saddling the pharmaceutical giant with the bill.

  • March 03, 2021

    Del. Justices Probe 'Red Flags' In MetLife Stockholder Suit

    A Delaware Supreme Court panel pressed attorneys for MetLife Inc. stockholders Wednesday on when directors might be liable for neglected "red flag" warnings against sweeping up unclaimed retirement annuities after wrongly presuming a beneficiary's death, and whether the neglect amounted to bad faith by the company's board.

  • March 03, 2021

    Fox News Slams Avenatti's 'Libel Tourism' In $250M Suit

    Fox News sought Wednesday to escape Michael Avenatti's $250 million defamation suit, saying the suspended attorney lodged his "textbook example" free speech case in Delaware federal court purely to dodge California's expired statute of limitations.

  • March 03, 2021

    Alamo Drafthouse Cinemas Hits Ch. 11 With Plans For Sale

    Movie theater chain Alamo Drafthouse Cinemas filed for Chapter 11 protection in Delaware bankruptcy court Wednesday with nearly $123 million in debt and a plan for a sale to a pair of investment firms, saying the strain of COVID-19 closures had become too great.

Expert Analysis

  • Declaratory Judgments Unavoidable For Biosimilar Applicants

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    Data from recent Biologics Price Competition and Innovation Act litigation suggests that a biosimilar applicant will inevitably face a declaratory judgment action irrespective of the amount and type of information it provides to the brand holder, say attorneys at Morgan Lewis.

  • Ethics Tips For Attorneys Telecommuting Across State Lines

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    Attorneys working remotely from jurisdictions in which they are not admitted should take precautionary steps to avoid engaging in unauthorized practice of law, say John Schmidt and Michael Seaman at Phillips Lytle.

  • Opinion

    Abusive M&A Litigation Highlights Need For Securities Reform

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    In-court M&A challenges that benefit plaintiffs counsel more than shareholders continue unabated, demonstrating the need for federal securities law reform to prevent what amounts to a deal tax on companies forced to pay mootness fee settlements and higher directors and officers insurance premiums, say attorneys at Seyfarth.

  • 6 Ways Legal Employers Can Help Pandemic-Weary Parents

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    Parenting during the pandemic has introduced a series of competing personal and professional obligations for attorneys and professional staff, and even organizations that are supportive of their parent employees can take steps to do better, says Meredith Kahan at Saul Ewing.

  • Republican AGs Likely To Challenge Biden On Multiple Fronts

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    During recent presidential administrations, state attorneys general have challenged federal regulations and obtained nationwide injunctions against executive orders — and there is every reason to believe that Republican attorneys general will continue this trend, resisting Biden administration efforts on climate change, health care, immigration and more, say attorneys at Troutman Pepper.

  • 3 Degrees Of Legalization Show True Prevalence Of Cannabis

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    The three degrees of state marijuana legalization regimes throughout the U.S. show that cannabis is only fully illegal in three U.S. states and one territory — not 14 states as some counts indicate — and even in those places, there are stirrings of change, says Julie Werner-Simon at Drexel University's Thomas R. Kline School of Law.

  • A Cautionary Tale On Duplicative Noncompetes

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    Duplicative or overlapping noncompete provisions in employment contracts can hinder enforcement of choice of forum and other restrictive covenants, the Delaware Chancery Court recently showed in AG Resource Holdings LLC v. Terral, and could mean preclusive judgments and duplicative litigation costs for companies, say attorneys at Dechert.

  • Remote Working Tips For Lawyer Trainees And Their Firms

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    The prospect of joining a law firm during the pandemic can cause added pressure, but with a few good practices — and a little help from their firms and supervising attorneys — lawyer trainees can get ahead of the curve while working remotely, say William Morris and Ted Landray at King & Spalding.

  • Obtaining General Jurisdiction Over Out-Of-State Insurers

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    A series of recent court decisions illustrate the challenges of litigating against insurers in a state where neither party resides, and demonstrate alternate means of securing jurisdiction, says Richard Mason at MasonADR.

  • What Biden's Ethics Pledge Means For Gov't Revolving Door

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    Attorneys at Nossaman look at how President Joe Biden’s ethics pledge goes beyond those of his predecessors by imposing post-employment shadow lobbying and golden parachute restrictions on his administration’s appointees — and how a House bill proposing expansion of federal ethics law could affect enforcement.

  • Opinion

    Punishing Bar Exam Policies On Menstrual Products Must Go

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    Law graduates across the states are sitting for the grueling two-day bar exam this week despite menstruation-related barriers, such as inadequate menstrual product and bathroom access, which could be eradicated with simple policy tweaks, say law professors Elizabeth Cooper, Margaret Johnson and Marcy Karin.

  • Transaction Toolkit For A More Litigious M&A Environment

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    As transaction disputes rise amid evolving market conditions, certain strategies can help companies mitigate risk while remaining live to M&A opportunities, say attorneys at Freshfields.

  • EPA Hazardous Pharma Waste Rule Has Wide Reach

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    The U.S. Environmental Protection Agency's soon-to-be-effective rule on hazardous waste pharmaceuticals may seem only relevant to health care entities, but its sweeping definitions could cover any business that dispenses over-the-counter medicines, say Andrew Stewart and Anushka Rahman at Sidley Austin and Renée van de Griend at Ramboll.

  • It's Time For Law Firms To Start Loving And Leveraging Data

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    The volume and diversity of data managed by law firms today — from client files to internal financial records — may seem daunting, but when properly organized, good data can help practitioners stay competitive by providing sharper insight into firm resources and cost of work, say Jaron Luttich and Barry Wiggins at Element Standard.

  • Keys To Protecting Clients During Law Firm Dissolution

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    Whether a law firm dissolution is amicable or adversarial, departing attorneys should take steps to maintain their legal and ethical responsibilities toward clients, and beware client confidentiality pitfalls when joining new firms, say John Schmidt and Colin Fitzgerald at Phillips Lytle.

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