Delaware

  • January 17, 2020

    Ex-Pa. Mayor Can't Upend 8-Year Sentence For Bribery

    The Third Circuit denied a bid by the former mayor of Reading, Pennsylvania, to slash an eight-year federal prison sentence stemming from his 2018 conviction on charges that he took campaign contributions from contractors in exchange for promises of work with the city.

  • January 17, 2020

    Celadon Lands $14.5M Stalking Horse Deal For Trucking Co.

    Bankrupt trucking firm Celadon Group Inc. filed a proposed stalking horse deal worth $14.5 million Thursday in Delaware bankruptcy court that sets the floor bid for the upcoming Chapter 11 auction of its profitable Taylor Express assets being sold as a going concern.

  • January 17, 2020

    Chancery Energizes Investor Bids To Probe Corporations

    A ruling by Delaware Vice Chancellor J. Travis Laster has recharged stockholder rights of access to company books and records, beating down AmerisourceBergen Corp.'s efforts to stop an investor probe of opioid-control oversight failures and potentially shoring up cases the plaintiffs bar considered to be at risk.

  • January 17, 2020

    Western Union Brass Accused Of Shoddy Anti-Fraud Efforts

    An investor has filed a derivative suit in Delaware Chancery Court asserting that Western Union’s officers failed for years to implement effective anti-fraud measures, resulting in the money transfer company having to pay hundreds of millions in fines and penalties.

  • January 17, 2020

    Del. Jury Says 2Wire Infringed Another TQ Delta DSL Patent

    A Delaware federal jury has found that 2Wire Inc. infringed yet another DSL patent owned by TQ Delta LLC, and that the patent isn't invalid.

  • January 17, 2020

    Justices Will Hear ACA Contraception Clash

    The U.S. Supreme Court on Friday agreed to examine the lawfulness of religious and moral exemptions from the Affordable Care Act’s requirement for employer health plans to cover birth control.

  • January 16, 2020

    Merck Says Ax Of $2.5B Patent Win A 'Disaster For Innovation'

    Merck & Co.'s Idenix subsidiary urged the full Federal Circuit on Wednesday to reconsider a decision that wiped out a $2.5 billion verdict in a patent dispute with Gilead Sciences Inc., saying the ruling "threatens disaster for innovation."

  • January 16, 2020

    3rd Circ. Won't Revive Ex-Plant Worker's FLSA Suit

    The Third Circuit on Thursday refused to revive a former Pennsylvania industrial plant employee's suit claiming he was wrongly fired for complaining about not getting overtime pay, backing a district court finding that the suit was a bid to end-run around an unfavorable decision in another case.

  • January 16, 2020

    Del. Hotel's Burst Pipe Coverage Battle Headed To Trial

    A Delaware judge has found that a jury must weigh a beachside hotel's suit alleging United National Insurance Co. wrongfully denied its claim for water damage stemming from a ruptured pipe, but threw out the hotel's bad faith claim against the insurer.

  • January 16, 2020

    Garland, EPA Atty Clash Over Impact Of Past Pollution Ruling

    The D.C. Circuit’s chief judge on Thursday balked at the U.S. Environmental Protection Agency’s justification for denying requests by Delaware and Maryland to reduce air pollution blowing in from other states, contending that the agency relied on a regulation the appeals court contested in a similar dispute last fall.

  • January 16, 2020

    Wright Medical Hit With Suit To Halt $4B Sale To Stryker

    Medical device company Wright Medical Group was hit with a proposed class action in Delaware federal court Wednesday seeking to halt its proposed $4 billion acquisition by Stryker Corp. because key information about the deal has allegedly been omitted from public disclosures.

  • January 16, 2020

    Hospira Says Its $70M Loss Makes IP Safe Harbor 'Illusory'

    The Federal Circuit’s decision to uphold a $70 million infringement verdict against Hospira Inc. tied to its biosimilar version of Amgen Inc.'s Epogen "calls into question the continuing viability" of a safe harbor for drug development and approval, Hospira has told the full court.

  • January 16, 2020

    Insys Wins OK For Ch. 11 Plan With Opioid Recovery Trust

    Bankrupt drugmaker Insys Therapeutics Inc. secured confirmation in Delaware on Thursday for a Chapter 11 liquidation and recovery trust that could initially make $160 million available for victims of an opioid epidemic whose potential claims could climb into the billions.

  • January 15, 2020

    Liberty Aims To Preserve Win In Pharmacy's Painkiller Suit

    Liberty Mutual on Wednesday urged the Third Circuit to uphold the dismissal of a mail-order pharmacy's putative class action accusing the insurer of refusing to cover topical pain-relief creams as an alternative to more abuse-prone opioid pills.

  • January 15, 2020

    Paper Manufacturer Cautions Chancery Of Doc Bid ‘Floodgate’

    Paper producer Verso Corp. cautioned a Delaware vice chancellor Wednesday the Chancery Court could open a “floodgate” of similar records requests if it grants an investor’s bid for documents detailing a proposed $400 million deal to sell two paper mills as a board proxy fight rages on.

  • January 15, 2020

    5th Circ.'s ACA Punt Gets Lambasted At Supreme Court

    The Fifth Circuit on Wednesday came under withering fire from health care trade groups and bipartisan economic scholars at the U.S. Supreme Court for ducking a decision on the Affordable Care Act's constitutionality.

  • January 15, 2020

    Restaurants Unlimited's Ch. 11 Plan Disclosure Gets Approval

    Casual eatery operator Restaurants Unlimited Inc.'s Chapter 11 plan disclosure statement received court approval Wednesday in Delaware without objection, with an attorney for the debtor saying it provides enough information for affected creditors to vote on the plan.

  • January 15, 2020

    FTC Tells 3rd Circ. AbbVie Pay-For-Delay Case Axed Too Early

    The Federal Trade Commission urged the Third Circuit to revive the agency's antitrust claim that AbbVie paid off Teva Pharmaceuticals to delay Teva's generic version of the testosterone treatment AndroGel, saying at oral argument Wednesday that a lower court tossed the suit before the FTC had a chance to back it up.

  • January 15, 2020

    Del. Justices Weigh If Partnership Change Kills Standing

    A partnership formed to file a drug-marketing whistleblower complaint in 2011 urged Delaware's Supreme Court Wednesday to reject drug company arguments that the replacement of one member dissolved its standing in the case, during arguments on a Third Circuit inquiry about state partnership law.

  • January 15, 2020

    3rd Circ. Slams 'Ridiculous' SEC Delay In Ex-Informant Probe

    The Third Circuit blasted the U.S. Securities and Exchange Commission's “ridiculous” delay in wrapping up its investigation into a broker-dealer and onetime government informant who beat criminal claims over a $17 million pump-and-dump scheme, as it considered Wednesday whether to revive a suit alleging the agency's probe is retaliatory.

  • January 15, 2020

    3rd Circ. Allows Reach Over Out-Of-State Parties In RICO Suit

    The Third Circuit ruled Tuesday that courts hearing racketeering cases can exercise jurisdiction over related but out-of-state parties, pulling the owners of several Delaware hotels back into a Pennsylvania-based lawsuit claiming that two former employees of a landscaping company ran a conspiracy to sabotage their own business.

  • January 15, 2020

    LifeCare's Ch. 11 Liquidation Plan Gets Consensual OK

    The Chapter 11 plan for liquidating former hospital facility owner LifeCare Holdings LLC received court approval Wednesday in Delaware after debtor attorneys said the confirmation order was being presented on a fully consensual basis.

  • January 15, 2020

    SRI Says Cisco's High Court Bid Rests On 'Made-Up Question'

    SRI International Inc. on Wednesday said there's no reason for the U.S. Supreme Court to take up a Cisco Systems Inc. petition attempting to escape a $24 million infringement verdict, as the patent eligibility question presented to the justices isn't raised in the case.

  • January 15, 2020

    AK Steel Investor Sues To Block $1.1B Cleveland-Cliffs Deal

    An AK Steel investor sued to stop the manufacturer’s pending $1.1 billion acquisition by Cleveland-Cliffs Inc., telling a Delaware federal court that the companies and their boards omitted key information from regulatory disclosures.

  • January 14, 2020

    Philly Refinery Backs Senior Lender In $1.25B Insurance Fight

    The owner of the idled Philadelphia Energy Solutions refinery told a Delaware judge Tuesday that other creditors can't "leap frog" over term loan lenders that it argues have priority rights to $1.25 billion in insurance proceeds to cover business interruption costs following a massive explosion that blasted the owner of a Philadelphia oil refinery into Chapter 11 last year.

Expert Analysis

  • Bias Case Gives Justices Chance To Rethink Title VII

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    If the U.S. Supreme Court decides to hear Peterson v. Linear Controls, its decision could resolve a circuit split and redefine the scope of Title VII's discrimination protections, say attorneys at Sullivan & Cromwell.

  • How Associate Life Has Evolved Over The Past Decade

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    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • Tribune Ruling Charts Course For Bankruptcy Safe Harbor

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    In upholding the dismissal of fraudulent conveyance claims against former shareholders of the bankrupt Tribune Company, the Second Circuit may have laid out a path for parties looking to stay within a crucial Bankruptcy Code safe harbor provision, say attorneys at Cadwalader.

  • 3rd Circ. Sheds Light On Ch. 11 Liability Release Approval

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    In Millennium Lab, the Third Circuit recently upheld the Delaware bankruptcy court's authority to approve a Chapter 11 plan containing nonconsensual liability releases, offering guidance on the factors courts may consider in deciding whether to approve them, says Jane VanLare of Cleary.

  • Biosimilar Patent Litigation May Be On The Rise In 2020

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    With new biosimilar applications and patent infringement complaints on the horizon, 2020 may see a rebound in patent litigation under the Biologics Price Competition and Innovation Act following a decrease last year, say Joshua Whitehill and Michael Cottler of Goodwin.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

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    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • Rodeo Ruling Clarifies Atty Conflict Rules In Derivative Suits

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    While the Texas Supreme Court's recent decision not to disqualify Kelly Hart & Hallman's representation of owners of the Billy Bob's Texas rodeo in a dispute over control of the business is noteworthy, its clarification on firms' conflicts of interest in derivative cases is the more important point, says former Texas Court of Appeals Justice Douglas Lang, of Dorsey & Whitney.

  • 7 Insider Tips For Working With In-House Counsel

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    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • The EPA's Most Significant Actions Of 2019

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    The U.S. Environmental Protection Agency repealed and replaced Obama-era rulemakings on energy and water in 2019, indicating a continued focus on deregulation, but also proposed new regulations on per- and polyfluoroalkyl substances, say Carol McCabe and Zachary Koslap of Manko Gold.

  • 50 Years Later, Interpretive Challenges Remain For RICO

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    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • Fed. Circ. Patent Decisions In 2019: An Empirical Review

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    Statistical analysis of last year's Federal Circuit patent cases reveals overall similarities to the previous two years, but with an increase in inter partes reviews and affirmances and a decline in patent owners' success rates, says Dan Bagatell of Perkins Coie.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

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    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

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    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

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    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

  • Opinion

    2 Overlooked Advantages Of Hourly Fees

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    Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.