Delaware

Expert Analysis

• Bias Case Gives Justices Chance To Rethink Title VII

  

  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

  

  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

  

  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

  

  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

  

  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'

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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

  

  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.