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Delaware

  • January 15, 2019

    Del. Hospital Must Face Death Suit Over Hip Surgery

    A Delaware judge on Tuesday refused a hospital’s motion to block punitive damages in a suit over a patient’s death after hip surgery, also rejecting the hospital’s contention that a legal release for a doctor applied to the hospital as well.

  • January 15, 2019

    Oxbow Carbon Must Pay Up In Chancery Records Dispute

    A Delaware vice chancellor ordered Oxbow Carbon LLC to pay $60,000 in fees to minority investors who won an order compelling the sale of William Koch’s multibillion-dollar energy company and then sued for records on its payments to the founder's personal attorney at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • January 15, 2019

    Greatbatch Gets $22M In Redo Of Pacemaker Patent Trial

    Medical device maker Greatbatch Ltd. received a $22 million damages award Monday following a six-day trial in Delaware federal court over three pacemaker technology patents infringed by AVX Corp., replacing a 2016 jury decision that awarded it $37.5 million.

  • January 15, 2019

    Chancery Trims Fee Award In Miramar Class Merger Challenge

    A Delaware Chancery Court judge reduced an award of attorneys' fees requested by plaintiffs' counsel Tuesday in a shareholder merger suit alleging conflict of interest against the directors of medical technology company Miramar Labs Inc. before approving a $410,000 cash settlement.

  • January 15, 2019

    Wabtec Raps 'Desperate' Siemens In $8.3M Railroad IP Suit

    Westinghouse Air Brake Technologies Corp. on Tuesday called a battery of Siemens Mobility Inc. patent infringement claims "desperate" gambits by a latecomer to the U.S. rail safety market, during opening statements in Delaware for a nine-day $8.3 million federal jury trial.

  • January 15, 2019

    LBI Noteholders Say Co. Cheated Them Out Of $129M

    A group of second-lien noteholders of Spanish language broadcaster LBI Media Inc. accused the company in Delaware bankruptcy court Tuesday of costing them $129.5 million by cutting a bad restructuring deal with a first-lien noteholder.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Group Owes SEC $6.6M In Woodbridge Securities Probe

    Three people and two companies owe the U.S. Securities and Exchange Commission more than $6.6 million after a Florida federal judge on Monday entered judgment against them for allegedly selling unregistered securities of Woodbridge Group of Companies LLC, which collapsed last year after the SEC charged it with running a $1.2 billion Ponzi scheme.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

  • January 14, 2019

    Del. Bankruptcy Judge Kevin J. Carey To Retire In August

    U.S. Bankruptcy Judge Kevin J. Carey will retire from the Delaware bench in August after nearly 14 years of presiding over insolvency cases in the state, the U.S. Bankruptcy Court for the District of Delaware announced Friday.

  • January 14, 2019

    GTC Law Group Settles Chancery Fight Over IP Asset Sale

    GTC Law Group told a Delaware Chancery Court judge Monday that it had reached a settlement deal for a temporary restraining order with a secured lender of its client Osterhout Group Inc. that will allow a sale of the technology company to move forward while setting aside up to $700,000 in unpaid legal fees.

  • January 14, 2019

    Lender Says Life Settlement Co. Is Using Ch. 11 To Pay Parent

    The top secured lender to bankrupt life settlements venture White Eagle Asset Portfolio LP accused it of seeking to improperly pay the expenses of a non-debtor parent and urged a Delaware bankruptcy judge to reject a proposed cash management order for the case.

  • January 14, 2019

    Promise Healthcare Gets Nod For $3M Exec Bonus In Ch. 11

    A Delaware bankruptcy judge on Monday signed off on a revised version of bankrupt hospital operator Promise Healthcare’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, after concerns were raised about a prior proposal for the incentive pay.

  • January 14, 2019

    Trump's ACA Birth Control Rules Blocked Nationwide

    A Pennsylvania federal judge issued a nationwide injunction Monday blocking Trump administration carveouts to the Affordable Care Act's birth control mandate from taking effect, one day after a court in California blocked the same ACA exemptions in 13 states and the District of Columbia.

  • January 14, 2019

    Fitbit Mid-Case Appeal Rejected In Chancery Class Suit

    A Delaware vice chancellor on Monday rejected a Fitbit Inc. bid for state Supreme Court review of a decision that kept alive a $386 million stockholder insider trading and fiduciary breach lawsuit, saying there were reasons to go forward but none to justify early appeal.

  • January 14, 2019

    NJ Takes PennEast Pipeline Land Grab Fight To 3rd Circ.

    New Jersey officials on Friday said they would appeal to the Third Circuit a New Jersey federal judge's ruling that developers of the $1 billion PennEast gas pipeline can immediately seize more than 100 Garden State properties, including state-owned land, along the project's route.

  • January 14, 2019

    Fed. Circ. Upholds Alice Win By Mobile Giants Against IV

    The Federal Circuit on Monday handed a win to T-Mobile, Sprint and others in their efforts to invalidate a number of patents held by Intellectual Ventures I LLC, upholding a lower court decision that the patents were invalid under the U.S. Supreme Court's Alice decision.

  • January 14, 2019

    Pharma. Co. Egalet's Ch. 11 Confirmed In Delaware

    A Delaware bankruptcy judge on Monday approved pharmaceutical company Egalet Corp.'s Chapter 11, just a little more than two months after the company entered bankruptcy citing shifts in the abuse-deterrent drug market and announcing plans to acquire four anti-inflammatory drugs from another company to boost revenue.

  • January 13, 2019

    13 States, DC Win Freeze Of ACA Birth Control Exemptions

    A California federal judge late Sunday barred the Trump administration from letting more employers in 13 states and Washington, D.C., invoke religious or moral objections to avoid an Affordable Care Act requirement to provide no-cost birth control to workers.

  • January 11, 2019

    The Firms That Dominated In 2018

    Law360's top four Firms of the Year notched a combined 32 Practice Group of the Year awards after successfully securing wins in bet-the-company matters and closing high-profile, big-ticket deals for clients throughout 2018.

Expert Analysis

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Brian Breheny

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Common Stockholders Can Wa[i]ve Appraisal Rights Goodbye

    Morgan Mordecai

    The Delaware Court of Chancery recently held that language in an agreement requiring minority stockholders to waive appraisal rights was enforceable. Though the case is already on appeal, practitioners should make sure agreements with drag-along rights include unambiguous waiver provisions whenever possible, say attorneys at Goodwin Procter LLP.

  • Discovery Confidentiality At Risk After Columbia Pipeline

    Arthur Bookout

    The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.