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Delaware

  • November 13, 2018

    Woodbridge Ch. 11 Plan Erases Valid Claims, Noteholders Say

    A group of roughly 270 real estate investors asked a federal bankruptcy judge in Delaware to pause the Chapter 11 liquidation plan of the Woodbridge Group of Cos. LLC while the creditors appeal a portion of the plan they believe extinguished their interests.

  • November 13, 2018

    Weinstein, Four Seasons Hit With $60M Suit By Alleged Victim

    Actress Paz De La Huerta alleged in California state court on Tuesday that former film producer Harvey Weinstein raped her multiple times and engaged in a pattern of stalking and intimidation to keep her quiet, seeking nearly $60 million in damages and alleging that the Four Seasons Hotels Ltd. and the producer's now-bankrupt studio failed to act despite previous knowledge of his conduct.

  • November 13, 2018

    Uber Board Wasn't Conflicted Before Otto Deal, Chancery Told

    Attorneys for Uber and its directors told a Delaware vice chancellor Tuesday that stockholders who challenged the company’s disastrous, $680 million deal to buy self-driving truck startup Ottomotto failed to show that company directors were too conflicted to assess failures and pursue damages.

  • November 13, 2018

    No Decision Yet On Keeping Nordam Ch. 11 Docs Under Seal

    A Delaware bankruptcy judge delayed a decision on a request by aviation company The Nordam Group Inc. to keep certain information in its Chapter 11 case, including compensation and benefits for senior managers, under seal, stating she will consider doing so pending confirmation of the plan.

  • November 13, 2018

    Applebee’s Franchisee’s Ch. 11 Faces Confirmation Hurdles

    Bankrupt Applebee's franchisee RMH Franchise Holdings Inc. said Tuesday it hopes to be able to soon reach an agreement to settle roughly $14 million in possible claims owed to its parent company as a confirmation hearing nears for its Chapter 11 plan.

  • November 13, 2018

    Payment Processor Hit With Investor Suit Over Sale To NCR

    An investor in online payment firm JetPay Corp. filed suit Monday in Delaware federal court, saying disclosures made by the company and its directors regarding its proposed acquisition by NCR Corp. left out material information needed by shareholders before voting on the transaction.

  • November 13, 2018

    No Bridgegate Role, 3rd Circ. Pick Says Of Work For Christie

    Lowenstein Sandler LLP partner Paul Matey, President Donald Trump’s choice for a Third Circuit vacancy, faced a grilling from the Senate Judiciary Committee on Tuesday over his time serving as an attorney for former New Jersey Gov. Chris Christie.

  • November 9, 2018

    Tesla's $55B Musk Pay Deal Unfair, Investor Tells Chancery

    A 10-year Tesla compensation plan offering founder and CEO Elon Musk as much as $55.8 billion cannot avoid Delaware Chancery Court’s tough entire fairness review standards, despite director claims that more-permissive standards apply, an investor who challenged the deal argued Friday.

  • November 9, 2018

    $5M Frozen For Chancery Battles Over $52M Good Tech Deal

    Good Technology Corp. stockholder beneficiaries of a $52 million pair of Delaware Chancery Court settlements over the company’s disputed sale to BlackBerry Ltd. have agreed to hold back $5.1 million from distributions pending resolutions with large investors excluded from the deal.

  • November 9, 2018

    Murex Shareholders Want Records To Determine Stock Value

    Two of Murex Petroleum Corp.'s shareholders are asking the Delaware Chancery Court to order the company to turn over records they claim they need to determine the current value of their stock.

  • November 9, 2018

    Weinstein Successor Reaches $3M Deal On ‘Yellowstone’

    The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.

  • November 9, 2018

    State AGs Call On Whitaker To Recuse Himself From Probe

    Massachusetts Attorney General Maura Healey, along with 18 other state attorneys general, sent a letter Thursday to acting Attorney General Matthew Whitaker asking him to recuse himself from Special Counsel Robert Mueller's investigation of Russian interference in the 2016 presidential election.

  • November 9, 2018

    Fairchild Owes Rival $24M For Tech Patent Infringement

    A Delaware jury awarded Power Integrations Inc. more than $24 million in damages Friday after finding that competitor Fairchild Semiconductor International willfully infringed its patents for frequency jitter technology and induced third parties to infringe the patents as well.

  • November 9, 2018

    Ex-Cable Biz CEO Used Co. Funds For Himself, Chancery Told

    Texas cable TV and internet provider enTouch Systems Inc. filed a lawsuit in Delaware Chancery Court on Friday seeking damages against a former CEO it claims breached his contract and fiduciary duties by misappropriating company funds and pursuing a wrongful termination suit after he was fired.

  • November 9, 2018

    3rd Circ. OKs 60-Month FCPA Sentence In $3.5M Bribery Case

    The Third Circuit has rejected arguments that the ultimate economic benefit of two Russian energy projects advanced through bribes from Philadelphia-area businessman Dmitrij Harder should have been considered a mitigating factor as Harder was sentenced to a 60-month prison term for violations of the Foreign Corrupt Practices Act.

  • November 8, 2018

    CORRECTED: Toys R Us Makes Virginia Push To Confirm Ch. 11 Plan

    Toys R Us Inc. is urging a Virginia bankruptcy court to approve its Chapter 11 plan, saying that the plan has been approved by the creditors and that the remaining objections should be dismissed.

  • November 8, 2018

    ‘Something Smells’ At Tempur Sealy, Investor Tells Chancery

    A shareholder of mattress maker Tempur Sealy International Inc. told a Delaware Chancery judge Thursday that an odor of wrongdoing accompanied the loss of the company’s largest customer and that the investor needed access to corporate books and records to determine if any misconduct had occurred.

  • November 8, 2018

    Anixa Investor Sues In Chancery Alleging Insider Stock Moves

    An Anixa Biosciences Inc. investor is accusing eight current or former directors and top officers of arranging or benefiting from a downward stock option repricing just before a patent announcement in 2017 that boosted stock values, according to a Delaware Chancery Court derivative suit filed Thursday.

  • November 8, 2018

    Fla. Co. Says Its Account Has No Place In Investor Row

    NA Topco Corp. told a federal court Wednesday to dissolve a writ of garnishment because it was issued against a controlling shareholder in a Chilean wine company who was ordered to pay a $28.7 million arbitration award to an investor, but was wrongly applied to the Florida company's Citibank account.

  • November 8, 2018

    Investors Drop Request Seeking Receiver For 3D TV Tech Cos.

    Shareholders in a pair of 3D television technology development companies dropped their petition for the Delaware Chancery Court to appoint a receiver to manage the companies after their leaders allegedly diverted investment funds for their own personal use.

Expert Analysis

  • 3rd-Party Releases Bring Chapter 11 Venue Considerations

    Samuel Schwartz

    Courts are increasingly upholding involuntary releases of third parties and nondebtors in bankruptcy, including recently in the case of Millennium Lab Holdings. This means parties should consider several factors when picking a venue for a Chapter 11 filing, say Samuel Schwartz and Kristina Perez of Brownstein Hyatt Farber Schreck LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Bringing Alcoholic Beverage Coupons Into The Digital Age

    Alva Mather

    Laws on coupons and rebates for alcoholic beverages vary across the country. Ascertaining the legal status of digital coupons, which may not have been envisioned when a state's laws were written, creates additional wrinkles for companies, says Alva Mather of DLA Piper.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.