Delaware

  • May 13, 2021

    3rd Circ. Questions Efforts In Ex-Janitor's FMLA Suit

    The Third Circuit on Thursday questioned if either Drexel University or a fired janitor put forth enough effort to ensure the ex-employee provided the required paperwork for Family Medical Leave Act-protected absences, as the onetime maintenance worker sought to revive her lawsuit claiming she was fired despite her legal entitlement to time off.

  • May 12, 2021

    Eni Says Del. Litigation Funder Can't Avoid Sanctions

    Italian energy company Eni SpA has pressed a Delaware federal judge to sanction a litigation funder for failing to comply with discovery orders related to an arbitration against Nigeria, claiming that the funder's misconduct has harmed the oil giant.

  • May 12, 2021

    Yahoo Sale Spurs New Patent Holder Bid For $749M Reserve

    A patent holder that lost a bid this month to force former Yahoo owner Altaba to establish a $749 million infringement reserve asked the Delaware Chancery Court on Tuesday to reconsider in light of Verizon's recently revealed plans to sell Yahoo to Apollo Global Management.

  • May 12, 2021

    Dyal Tells Del. Justices Sixth Street Seeks A 'Lowball Buyback'

    An attorney for Dyal Capital Partners told Delaware's Supreme Court Wednesday that Sixth Street Partners was maneuvering for a "lowball buyback" when it launched a failed fast-track Chancery Court bid to block a $12.5 billion Dyal-Owl Rock Capital Corp. merger earlier this year.

  • May 12, 2021

    Del. Justices Warned Of 'Frankenstein' Risk In Appraisal Fight

    An attorney for stockholders fighting a Delaware Chancery Court finding that they signed away rights to a post-merger stock appraisal before an allegedly lowball sale told Delaware's Supreme Court on Wednesday that failure to reverse the decision could lead to the creation of "Frankenstein corporations."

  • May 12, 2021

    Real Estate Rumors: Homestead, Buccini/Pollin, Monarch

    Homestead, Florida, may more than double the allowable density at a residential site, The Buccini/Pollin Group has reportedly landed $50.7 million in HUD financing for a Delaware mixed-use property, and Monarch Alternative Capital is said to have paid $300 million for a 90% stake in a Miami office tower.

  • May 12, 2021

    Rosen Law Will Lead Walmart Investor Suit In Delaware

    The Rosen Law Firm PA has been appointed to lead a consolidated securities suit in Delaware federal court claiming Walmart misled investors about its part in the opioid epidemic, with Farnan LLP to serve as liaison counsel in the proposed class action.

  • May 12, 2021

    Purdue's Ch. 11 Confirmation Hearing Set For August

    A New York bankruptcy judge on Wednesday approved a motion setting an August date for Purdue Pharma's Chapter 11 plan confirmation hearing, assuming the drugmaker's plan disclosure statement is approved next week.

  • May 12, 2021

    Hertz Ch. 11 Auction Ends With $6B Knighthead Winning Bid

    Bankrupt car rental giant Hertz Global Holdings announced Wednesday that an investment group led by Knighthead Capital Management and Certares Opportunities won a Chapter 11 auction to fund the debtor's reorganization, ending a weekslong competition among eager funding sources.

  • May 11, 2021

    Judge Weighs Effect Of Sanctions In Del. Venezuela Cases

    A Delaware federal judge weighing whether to grant seizure orders for Citgo's parent company to creditors owed hundreds of millions of dollars by Venezuela indicated Tuesday that he is considering whether U.S. sanctions on Caracas preclude him from issuing such an order.

  • May 11, 2021

    Tesaro Directors Slam 'Innuendo' In Del. Suit Over $5.1B Sale

    A class of Tesaro stockholders seeking damages for an allegedly underpriced $5.1 billion sale of the cancer drugmaker in 2018 came to Chancery Court with a suit "heavy on innuendo and speculation" but short of facts, an attorney for the company's board told a Delaware vice chancellor Tuesday.

  • May 11, 2021

    Stream TV Says It Can Reclaim Assets To Reorganize In Ch. 11

    Stream TV and its secured lenders wrapped up their arguments Tuesday before a Delaware bankruptcy judge over whether the television technology company has assets left to reorganize as they sparred over the lenders' attempt to dismiss Stream TV's Chapter 11.

  • May 11, 2021

    Cyprus Mines To Depose Candidates For Ch. 11 Claims Rep

    Bankrupt talc miner Cyprus Mines will be able to depose two candidates proposed by the debtor's past insurers to represent the interests of future injury claimants after a Delaware judge approved a discovery timeline Monday related to competing motions to appoint such a representative.

  • May 11, 2021

    Navient Can't Shake NJ Fraud Suit With Preemption Argument

    Student loan servicer Navient Corp. came up short Tuesday in trying to escape New Jersey's consumer fraud suit after a state judge knocked down the company's argument that federal law barred claims that it directed borrowers into costly forbearances and deceived others who entered into more affordable repayment plans.

  • May 11, 2021

    Fed. Circ. Backs Oxford Nanopore's DNA Tech IP Trial Victory

    The Federal Circuit on Tuesday upheld a jury verdict that DNA analysis patents Pacific Biosciences asserted against Oxford Nanopore Technologies Inc. are invalid for lack of enablement, rejecting PacBio's argument that Oxford used fearmongering over COVID-19 to pull off a win.

  • May 11, 2021

    Chancery Lowers Sanction Boom On Cloud Firms, Owner

    Delaware's Chancery Court issued a potential $1 million-plus default judgment Tuesday against a cloud services business, its founder and affiliates for repeated failures to comply with orders to end the cutoff of a customer's access to its own compensation platform.

  • May 11, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    COVID-19 relief efforts took the form of cash influxes announced over the past week in several states, including a $100 billion "comeback plan" for California's economy and $235 million in relief funding for small businesses in New Jersey.

  • May 11, 2021

    Unions, Pa. AG Tell High Court To Reject Review Of Fees Suit

    Several unions and the Pennsylvania Attorney General's Office have urged the U.S. Supreme Court to reject a case seeking retroactive repayment of "fair share fees" collected before the justices struck down such fees in 2018, arguing that the unions had been following state law and the legal precedent at the time.

  • May 11, 2021

    DLA Piper Launches State AG Practice Led By Ex-Gov't Attys

    DLA Piper has launched a new state attorneys general practice intended to help clients facing investigations and lawsuits from state-level enforcers, the firm said Tuesday.

  • May 11, 2021

    Ginkgo Bioworks Valued At $15B In SPAC Deal Led By 3 Firms

    Ginkgo Bioworks will hit the public markets at a pre-money valuation of $15 billion by merging with a special purpose acquisition vehicle backed by former Metro-Goldwyn-Mayer Studios and CBS executives, the companies said Tuesday, in a deal built by Latham, Wachtell and White & Case.

  • May 10, 2021

    3rd Circ. Denies Sri Lankan Nat'l Asylum Over Persecution

    The Third Circuit on Monday refused to grant asylum to a Sri Lankan man who claims he will suffer political persecution if he has to return to his home country, finding in a precedential opinion that he hasn't shown he suffered persecution based on his Tamil ethnicity or his political opinions.

  • May 10, 2021

    Icahn Escapes Voltari Buyout Suit Claiming 'Ill-Gotten' Gains

    Activist investor Carl Icahn and members of a special committee set up by real estate company Voltari escaped a Delaware Chancery Court shareholder suit challenging the company's 2019 acquisition by his affiliates Monday.

  • May 10, 2021

    Crystallex, Venezuela Butt Heads Over Special Master Order

    Crystallex is objecting to a position adopted by Venezuela and its state-owned oil company, Petroleos de Venezuela S.A, that the parties involved in the sale of Citgo's parent company — and perhaps even the special master overseeing it — will need a license to proceed with the transaction due to U.S. sanctions on Caracas.

  • May 10, 2021

    Former XFL Commish Can't Rush Witness Bid In Firing Suit

    A Connecticut federal judge on Monday denied a request from a former XFL commissioner to speed up consideration of his bid to expand pretrial questioning in his termination suit, a bid league founder Vince McMahon has said is part of a "pattern of abusive and harassing discovery tactics and gamesmanship."

  • May 10, 2021

    44 AGs Urge Facebook To Scrap Plan For 'Instagram Kids'

    A bipartisan coalition of attorneys general from more than three dozen states and territories including New York, California and Texas on Monday urged Facebook to shut down potential plans to roll out a version of Instagram for children under 13, slamming the social media giant for "historically failing" to protect the privacy and safety of kids online. 

Expert Analysis

  • Virus-Related Chancery Rulings Show High Bar For M&A Exits

    Author Photo

    Two recent Delaware Chancery Court decisions concerning attempts to cancel acquisitions amid COVID-19 show the importance of deal language in the pandemic era, particularly where material adverse effect and ordinary course covenants are concerned, say attorneys at Fried Frank.

  • Uniformity Goal Eludes Defend Trade Secrets Act, 5 Years On

    Author Photo

    Five years after the enactment of the Defend Trade Secrets Act, work remains to be done on achieving uniformity across jurisdictions, because state law differences being imported into the DTSA are creating the same patchwork of law the act was intended to rectify, say attorneys at MoFo.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

    Author Photo

    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • How 5-Year-Old Defend Trade Secrets Act Has Met Its Goals

    Author Photo

    Case law and data reveal that, five years after its enactment, the Defend Trade Secrets Act has opened up federal courts to litigants and has proven effective against extraterritorial misappropriation, while concerns about inconsistency and overuse of ex parte seizures have not borne out, say attorneys at Crowell & Moring.

  • Font Considerations To Give Your Legal Briefs An Edge

    Author Photo

    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

    Author Photo

    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • Drafting Clearer Patent Claims After Fed. Circ. L'Oreal Ruling

    Author Photo

    The Federal Circuit recently employed a flexible standard for constructing Olaplex's hair care patent claims in a case against L'Oreal, but more precise claim drafting could have avoided altogether a problem with claims for component amounts in product formulations, says Philip Hamzik at Wolf Greenfield.

  • 4 Trends In Discoverability Of Litigation Funding Documents

    Author Photo

    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • Bio-Rad Ruling Highlights IP Assignment Clause Limits

    Author Photo

    The Federal Circuit's recent holding in Bio-Rad v. International Trade Commission, that an assignment clause wasn’t enough to claim patent ownership where the conception date followed former inventors’ employment, shows companies and workers the importance of specificity in drafting contractual limitations, say Bryan Vogel and Derrick Carman at Robins Kaplan.

  • D&O Insurance Implications From Tesla's Stock Drop Suit

    Author Photo

    A recent shareholder stock drop lawsuit against Tesla showcases the legal perils that can follow companies' social media missteps, and highlights the importance of directors and officers liability insurance in the current age of political polarization, says Tae Andrews at Miller Friel.

  • Cannabis Legalization's Effects On Insurance Industry

    Excerpt from Practical Guidance
    Author Photo

    Resolution of the legal uncertainty presented by the dueling federal and state approaches to cannabis will pave the way for legal cannabis businesses to access the insurance protections the industry needs for everything from workers' compensation to auto insurance to general liability, says Christy Thiems at the American Property Casualty Insurance Association.

  • 7 Lessons For Young Lawyers Starting Their Careers

    Author Photo

    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • COVID Eviction Bans May Not Continue To Survive In Court

    Author Photo

    State and local moratoriums against evictions during the pandemic are likely to withstand plaintiffs' constitutional challenges in the short term, but plaintiffs may start to see more success as time goes on, say attorneys at Goodwin.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

    Author Photo

    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Avoiding Litigation Risks As SPAC Popularity Explodes

    Author Photo

    While interest in special purpose acquisition companies has recently increased because they are perceived as less risky than traditional initial public offerings, parties to SPAC transactions can reduce the risk of litigation by focusing on disclosures, financial projections and target company selections, say Eric Rieder and Amy Wilson at Bryan Cave.

Want to publish in Law360?


Submit an idea
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!