Delaware

  • July 30, 2021

    House Dems Want More District Judges, Too — 203 Of Them

    A group of House Democrats on Friday unveiled a proposal to create 203 new federal judgeships, introducing legislation a day after a bipartisan pair of senators proposed adding 77 federal district court seats in the coming years.

  • July 30, 2021

    Investor Says Texas Music Festival Was 'Colossal Failure'

    A Dallas company that invested $3 million to bring a California music festival to the Lone Star State has sued the past owners of the Kaaboo event in Delaware federal court, alleging the Texas festival "was a colossal failure" with an embarrassingly low turnout.

  • July 30, 2021

    El Pollo Loco Insider Trading Suit Tossed Out Of Del. Court

    The Delaware chancellor has tossed an investor lawsuit seeking derivative damages on behalf of restaurant chain El Pollo Loco over approximately $118 million in alleged insider trades, heeding a call to dismiss the suit by a special litigation committee set up by the company's board.

  • July 30, 2021

    Allegheny County Sues Pa. AG Over $26B Opioid Deal

    The district attorney for Allegheny County on Thursday sued Pennsylvania's attorney general over the proposed $26 billion opioid settlement, following the Philadelphia district attorney's accusations a week ago that the deal with Johnson & Johnson and major distributors was a sellout.

  • July 30, 2021

    FTC Drops AndroGel Antitrust Case Against AbbVie

    The Federal Trade Commission is dropping its long-running case accusing AbbVie of illegally delaying generic versions of the testosterone treatment AndroGel, saying Friday the case shows enforcers need new legislation to help them recover money for consumers.

  • July 30, 2021

    Del. Court Orders New Trial On $749M Yahoo Patent Reserve

    Delaware Chancery Court on Friday ordered a new trial and directed former Yahoo owner Altaba Inc. to set aside a $749 million patent infringement suit cash reserve previously ruled unnecessary, citing post-trial disclosures and actions that "undermined" court confidence that the cash would be available if needed.

  • July 30, 2021

    Ashby & Geddes' Appeal In Del. Bankruptcy Fee Row Tossed

    A Delaware federal judge denied Ashby & Geddes PA's bid to force a lender to fund a roughly $980,000 carve-out reserve to pay professional fees in the now-closed bankruptcy case of life sciences company NeuroproteXeon Inc.

  • July 30, 2021

    L Brands Inks $90M Global Deal For 'Toxic' Workplace Suits

    Multichain specialty retailer L Brands announced a $90 million corporate governance reform agreement Friday to settle multiple derivative lawsuits seeking damages arising from "toxic" workplace conditions, including sexual harassment.

  • July 29, 2021

    Imerys Ch. 11 Tort Group Delays J&J Talc Claim Spinoff Fight

    Attorneys for alleged talc injury victims on Thursday agreed to postpone an immediate fight over a temporary restraining order barring Johnson & Johnson from spinning off talc liabilities into a bankruptcy-eligible new company, after a Delaware judge questioned the urgency.

  • July 29, 2021

    Bipartisan Sens. Propose 77 New Fed. Judgeships Nationwide

    A bipartisan pair of senators on Thursday proposed adding 77 federal district court seats across the country, matching the judiciary's recommendations — except for omitted appellate seats — and splitting the new judgeships between 2025 and 2029 to sidestep partisan concerns.

  • July 29, 2021

    Ex-Del. Judge Wants IP Axed As Indefinite For Squarespace

    A retired Delaware federal judge urged her former court to invalidate a series of patents DataCloud Technologies LLC has asserted against her client SquareSpace Inc., claiming they're invalid as indefinite and the patent owner has all but admitted to that.

  • July 29, 2021

    IP Forecast: Fed. Circ. To Mull Narcan Patents

    Emergent BioSolutions' grip on its blockbuster opioid overdose medication Narcan is at stake in a patent case that reaches the Federal Circuit on Monday. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • July 29, 2021

    MDL Objections In Big Tech Ad Monopoly Suits Perplex Judge

    A member of the Judicial Panel on Multidistrict Litigation on Thursday rebuked publishers and advertisers objecting to centralizing a Texas-led antitrust suit against Google with a slew of private actions accusing the company of monopolizing the display advertising market, saying their protest "is a little perplexing."

  • July 29, 2021

    Sens. Tell USPTO To Revive Small Patent Claims Court Talks

    Several senators have asked the U.S. Patent and Trademark Office to commission a study looking at whether a small claims court for patent litigation should be created, reopening an issue that's lain dormant for nearly a decade.

  • July 29, 2021

    Samsung, LG Settle DivX Patent Fights Over Smart TVs

    DivX on Thursday said it has reached settlements with LG and Samsung, resolving international litigation claiming they infringe the video software company's streaming patents with their smart televisions.

  • July 29, 2021

    'Mixed Bag' Chancery Ruling Keeps Utah Mine Suit Alive

    In what he called a "mixed bag" ruling, a Delaware vice chancellor moved toward trial counterclaims in a sprawling Chancery Court battle over an alleged international loan-to-own scheme dating to 2013 and focused on a $600 million Utah copper mine.

  • July 29, 2021

    Chemical Co. Sues Seller Over IP Claim In $240M Deal

    A Kansas oilfield company has filed suit in Delaware Chancery Court against the founder of one of the companies it purchased in a $240 million deal, saying that he launched a competing business using trade secrets that he now claims are public information.

  • July 29, 2021

    Senators Back Drug Conviction Expungement Expansion

    A bipartisan group of U.S. senators have thrown their support behind legislation that would expand the eligibility for some defendants to seek the expungement of certain nonviolent, first-time simple federal drug possession offenses from their criminal records.

  • July 29, 2021

    Biden Admin. Agrees To Crack Down On Upwind Air Pollution

    The Biden administration on Thursday agreed to conduct long-neglected reviews of how certain states' pollution plans affect their downwind neighbors, after New York and other East Coast states claimed the delays are forcing millions of people to breathe dirty air.

  • July 29, 2021

    Boy Scouts' Ch. 11 Settlement Clouded By Claimant Atty Issue

    The Boy Scouts of America told a Delaware bankruptcy judge Thursday that 70,000 sex abuse survivors have signed on to an $850 million deal to restructure the organization, but disputes among three law firms representing a quarter of those claimants could imperil the proposal.

  • July 28, 2021

    Morgan Lewis Caught Up In New McDonald's Investors Suit

    McDonald's directors breached their fiduciary duty through faulty oversight of racial discrimination, sexual harassment and other misconduct, around which Morgan Lewis & Bockius LLP created an "information vacuum," according to a Delaware Chancery Court derivative suit made public Wednesday.

  • July 28, 2021

    Vaxart Suit Turns 'Mundane To Nefarious,' Del. Judge Told

    Counsel for top brass of biotech firm Vaxart Inc. pushed at a Delaware Chancery Court hearing Wednesday for dismissal of a derivative suit alleging that company insiders profiteered off news about its COVID-19 vaccine program, saying the case rests on ginned-up "nefarious" conduct.

  • July 28, 2021

    Agenus Investor Sues In Del. Chancery Over Option Awards

    A shareholder of Agenus Inc. filed a derivative complaint on behalf of the biotech company in Delaware Chancery Court, arguing that Agenus board members and other executives breached their fiduciary duty when they improperly granted millions in stock options last year at an exercise price below market value.

  • July 28, 2021

    This Time, Snap Unlikely To Escape Trade Secrets Row

    A federal magistrate judge in Delaware recommended reviving claims that Snap Inc. stole trade secrets related to social mapping, finding that a competing app did a far better job of presenting what those secrets were the second time around.

  • July 28, 2021

    Icahn Says CVR Investors' Case 'Is Based On An Oxymoron'

    Billionaire investor Carl C. Icahn told a Delaware Chancery Court judge Wednesday that claims he intentionally drove down the price of CVR Refining LP to acquire more shares of the company at a cheap price don't make sense, saying he lost hundreds of millions in the deal.

Expert Analysis

  • Will You Be Ready If Your Class Action Goes To Trial?

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    Despite conventional wisdom, class actions sometimes do go to trial — as TransUnion v. Ramirez, decided last month by the U.S. Supreme Court, illustrates — so attorneys must prepare by studying past class action trials, focusing on how the courts and lawyers approached procedural and evidentiary questions, says Ross Weiner at Risk Settlements.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • How Wyoming Is Leading On Cryptocurrency

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    This month, Wyoming became the first state to classify decentralized autonomous organizations as a new form of LLC, which could bring new liability principles and chip away at Delaware's dominance as the corporate capital of the U.S., says Emily DiBenedetto at Shaw Keller.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • Recent High Court Decisions Signify 1st Amendment Direction

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    The U.S. Supreme Court’s recently concluded term saw a flurry of First Amendment cases, providing lessons for how the court, with its 6-3 conservative split, may rule next term on issues of free speech, religious freedom, association rights and more, as questions regarding social media and technological advances loom, says Samuel Mitchell at Michael Best.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • How Western States Help The Wealthy Avoid Taxes, Creditors

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    The race by certain states in the western U.S. to legalize shell companies, private trusts and other mechanisms allowing wealthy individuals to avoid taxes and creditors underlies the U.S.' status as a secrecy haven of choice, says Daniel Pascucci at Mintz.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 2

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    While federal circuits continue to split on whether to approach fact and expert evidence differently at class certification, and there is no sign of a U.S. Supreme Court ruling to resolve the issue, applying an admissibility standard to one and not the other appears illogical, say attorneys at McGuireWoods.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • Courts' Clashing Standards For Evidence At Class Cert.: Part 1

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    The Sixth Circuit's recent ruling in Lyngaas v. Ag highlights an ongoing circuit split on whether plaintiffs moving to certify a class must use admissible evidence and whether fact and expert evidence should be treated equivalently in this regard, say attorneys at McGuireWoods.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Divide On Standing In Patent Cases Needs Fed. Circ. Guidance

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    As district courts continue to issue conflicting rulings on whether exclusionary rights are necessary for standing to sue under the Patent Act, and until the Federal Circuit issues much-needed guidance, courts and practitioners should enforce a clear distinction between analysis of constitutional and statutory standing, says Kylie Kim at Kellogg Hansen.

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