Delaware

  • July 19, 2019

    J&J Still Can't Transfer 2,400 Talc Suits To Del. Fed. Court

    Johnson & Johnson lost another bid to transfer 2,400 personal injury and wrongful death suits over allegedly contaminated talc powder products to Delaware federal court on Friday, when a judge found that the company failed to prove the case is "related to" its talc supplier's bankruptcy case.

  • July 19, 2019

    Failed Tech Co. Execs Get Claims Trimmed In Investor's Suit

    The Delaware Chancery Court has partly dismissed a suit brought against former executives at now-defunct Basho Technologies Inc. by an investor, who accused them of violating their fiduciary duties by inducing him to invest millions in what they knew was a failing enterprise.

  • July 19, 2019

    Chancery Nixes Investor Bid For $5B Jarden Appraisal Bump

    A Delaware vice chancellor on Friday rejected a post-deal appraisal challenge by hedge fund investors that claimed the $13.2 billion sale of Jarden Corp. to Newell Rubbermaid Corp. in 2016 was undervalued by roughly $5 billion, citing recent Delaware Supreme Court decisions as a road map in setting the merger's fair share value.

  • July 19, 2019

    Coal Co. Blackhawk Mining Opens Ch. 11 On $1.1B Debt

    Kentucky-based Blackhawk Mining LLC and 21 affiliates opened a prepackaged Chapter 11 in Delaware bankruptcy court on Friday, armed with a restructuring agreement for its $1.1 billion in debt that includes swapping $668 million in secured loans for newly issued equity.

  • July 19, 2019

    Philly Hospital's Ch.11 Plan To Sell Residency Program OK'd

    A plan to sell doctor training programs proposed by Philadelphia hospital operator Center City Healthcare received approval Friday when a Delaware bankruptcy judge said the plan would protect the interests of affected resident doctors as best it could.

  • July 19, 2019

    FDCPA Time Limit Is Year From Incident, Feds Tell Justices

    The federal government has urged the U.S. Supreme Court to affirm the Third Circuit’s determination that the one-year time limit for launching Fair Debt Collection Practices Act lawsuits starts when the alleged wrongdoing occurs, not when it is discovered.

  • July 18, 2019

    State AGs Urge FDA To Keep Exploring Cannabis Regulation

    Dozens of state attorneys general have told the U.S. Food and Drug Administration they support the agency’s recent push to regulate cannabis-derived products like cannabidiol, while asking it to ensure that the states maintain their roles as regulators as the market emerges.

  • July 18, 2019

    Citgo Board Fight Should Be 'Crystal Clear,' Chancery Told

    It is "crystal clear" that opposition leader Juan Guaidó is the U.S.-recognized interim president of Venezuela, and thus, has authority to select those who control the state-owned entity that determines who sits on Citgo's board, counsel for Guaidó-backed members told a Delaware vice chancellor Thursday.

  • July 18, 2019

    Pfizer Wants Breast Cancer Drug MDL Consolidated In Del.

    Pfizer Inc. and its affiliates asked the U.S. Judicial Panel on Multidistrict Litigation Thursday to transfer a suit from West Virginia to Delaware, where 13 nearly identical federal complaints are pending that claim infringement of three drug patents central to a Pfizer breast cancer treatment.  

  • July 18, 2019

    3rd Circ. Exceeded Authority In Liability Ruling, Amazon Says

    Amazon.com Inc. accused a Third Circuit panel on Wednesday of legislating from the bench when it handed down a precedent-setting decision this month finding that the online retailer could be held liable for defective products manufactured by third parties, asking for the entire court to hear the case.

  • July 18, 2019

    Cloud Peak Gets $35M Ch. 11 DIP Nod, Nixes Wyo. Tax Lien

    Bankrupt coal company Cloud Peak Energy secured tentative access to the balance of a $35 million debtor-in-possession loan Thursday after a Delaware bankruptcy judge rejected priority status for a more than $8 million Wyoming county tax debt.

  • July 18, 2019

    Open Road Films Seeks Approval Of Ch. 11 Plan Docs

    Bankrupt movie distribution company Open Road Films LLC asked a Delaware court to approve its Chapter 11 plan disclosure statement Thursday, saying the document lays out how it plans to distribute its remaining assets as part of a liquidation.

  • July 18, 2019

    The Firms Filing The Most Patent Suits

    Devlin Law Firm dominated the ranks of the top 10 law firms filing the most patent suits for the second quarter of 2019, maintaining its top ranking from last quarter, by filing suits against Apple, Google and other major technology companies.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Venezuelan Fight Over Citgo Board Heats Up In Chancery

    The fight over who runs Venezuela and its vast oil industry rages on in Delaware Chancery Court as opposition leader Juan Guaidó argued Wednesday that the court should reject an attempt by rival Nicolás Maduro to have the court install certain members on Citgo’s board of directors.

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

  • July 17, 2019

    The Stories They Tell About Justice Stevens

    Justice John Paul Stevens had a legendary reputation as one of the most humble and caring members of the court. His clerks related some tales that show why.

  • July 17, 2019

    Hear Justice Stevens In 5 Memorable Moments On The Bench

    Justice John Paul Stevens was known for being collegial and kind, but he also wasn’t one to mince words. Listen to a few of the justice’s most memorable words from the bench, in majority opinions, sharply worded dissents and at oral argument.

  • July 17, 2019

    Justice Stevens' High Court Legacy In 4 Charts

    In this data deep-dive, Law360 examines retired Justice John Paul Stevens’ long tenure, his relatively breezy confirmation, his transformation from a run-of-the-mill Republican appointee to runaway liberal, and the legacy that lives on in his clerks.

  • July 17, 2019

    Bernstein Litowitz Enters Del., Led By Richards Layton Vet

    New York-based Bernstein Litowitz Berger & Grossmann LLP shook up Delaware's already briskly competitive plaintiffs bar Wednesday, announcing that it plans to open a permanent Delaware base this fall with 36-year Richards Layton & Finger PA veteran Gregory V. Varallo as its first resident partner.

  • July 17, 2019

    Chancery OKs Fees For Quantlab Co-Founder In Control Suit

    A high-speed trading firm's majority partner who overcame a control dispute in Delaware’s Chancery Court won attorney fee eligibility Wednesday, after beating claims that an initial failure to seek arbitration ruled out any fee recovery.

  • July 17, 2019

    Emerge Energy Can Tap $7.5M Of Its $35M Ch. 11 Financing

    A Delaware bankruptcy judge on Wednesday gave the go-ahead for silica sand proppant mining company Emerge Energy LP to tap into an initial $7.5 million of its $35 million new debtor-in-possession financing to fund operations during its Chapter 11.

  • July 17, 2019

    J&J Talc Supplier Chafes At Insurers' Ch. 11 Doc Demand

    The bankrupt supplier of talc used in Johnson & Johnson’s powder products objected Wednesday in Delaware court to a motion from a group of legacy insurers seeking the production of documents from the debtor, saying the request is overbroad and unjustified.

  • July 17, 2019

    Investors Hit Barnes & Noble With Suit Over $683M Buyout

    A $683 million Barnes & Noble buyout by Elliott Advisors (UK) Ltd. should be blocked because the bookseller left out crucial details in financial filings related to the merger, according to a proposed class action filed in Delaware federal court Tuesday.

Expert Analysis

  • State Net

    A Look At How States Are Experimenting With Health Care

    Author Photo

    The fate of the Affordable Care Act is currently pending in federal court, but states are proceeding on the premise that the law will survive its latest legal challenge as they consider competing Democratic and Republican visions of health care, says Lou Cannon of State Net Capitol Journal.

  • 2 High Court Admiralty Cases Diverge On Common Law's Role

    Author Photo

    Although the U.S. Supreme Court's recent admiralty ruling in Air & Liquid Systems v. DeVries indicates success in expanding the availability of common law protections to mariners, its decision in Dutra Group v. Batterton — decided just months later — counsels that new classes of remedies will now be harder to obtain under the common law, says Brian Maloney of Seward & Kissel.

  • Opinion

    Time To Heed Justice Stevens' Criticism Of Gun Decision

    Author Photo

    Justice John Paul Stevens was right that the U.S. Supreme Court's 2008 gun rights decision in Heller desperately needs to be overruled, but while he viewed revision or repeal of the Second Amendment as the easier course for correction, only the court can clean up the mess it made, says Robert Ludwig​ of the American Enlightenment Project.

  • Remembering Justice Stevens As A Law Firm Leader

    Author Photo

    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Community Solar Needs Clear, Flexible State Regulations

    Author Photo

    As states adopt and expand third-party solar development programs, regulators should streamline rules and avoid prescriptive requirements for developers, say Elliot Hinds and Diana Jeschke at Crowell & Moring.

  • Answers To Key Legal Finance Ethics Questions

    Author Photo

    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

    Author Photo

    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • State Net

    Local Governments Push To Regulate Public Surveillance

    Author Photo

    San Francisco's Board of Supervisors recently approved an ordinance banning the use of facial recognition technology by all city departments. The law is part of a growing movement among localities and states to increase oversight of the use of surveillance technologies by government entities, says Korey Clark of State Net Capitol Journal.

  • The Role Of Dictionaries In Last Term's High Court Decisions

    Author Photo

    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

    Author Photo

    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Revenge Porn Can Be Outlawed Under The First Amendment

    Author Photo

    To date, 46 states and the District of Columbia have passed needed legislation penalizing nonconsensual distribution of pornographic images of another person, but constitutionally outlawing this phenomenon is tricky and some statutes will likely be struck down, says Nicole Ligon, supervising attorney of the First Amendment Clinic at Duke Law.

  • NY Privacy Bill Would Expand Data Security Requirements

    Author Photo

    If enacted, New York's recently passed SHIELD Act would broaden existing data breach law. Arguably its most significant provision will be the section imposing new requirements on persons and businesses collecting private information associated with a New York resident, say Erik Dullea and Ephraim Hintz of Husch Blackwell.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

    Author Photo

    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • PE Leaders' Many Hats Complicate D&O Policies

    Author Photo

    Divergent outcomes in two recent Delaware Superior Court cases came down to the wording of insurance policies, highlighting coverage issues for private equity directors and officers serving in multiple capacities, say insurance practitioners from Hiscox and Bailey Cavalieri.

  • Del. Justices Highlight Directors' Risk Oversight Duties

    Author Photo

    The Delaware Supreme Court's recent decision in Marchand v. Barnhill reaffirms directors' responsibility for instituting board-level reporting systems related to compliance risks for an organization. Practically, management and boards should focus on those risks that pose an existential threat to a business, say Kevin Logue and Rick Horvath of Paul Hastings.