Delaware

  • February 21, 2020

    PennEast Urges High Court To Undo 3rd Circ. Pipeline Ruling

    Developers of the $1 billion PennEast pipeline have asked the U.S. Supreme Court to review the Third Circuit’s ruling that PennEast can’t seize New Jersey-owned land for the project, slamming the decision as “exceptionally wrong” and pointing to a recent declaratory order from the Federal Energy Regulatory Commission supporting PennEast’s position.

  • February 21, 2020

    Bankrupt Philly Hospital Owners Set To Pay $6M For Insurance

    Center City Healthcare LLC told the Delaware bankruptcy court Thursday that it plans to pay $6.2 million to purchase medical liability insurance for former medical professionals at its facilities to help bring an end to disputes in its Chapter 11.

  • February 21, 2020

    Investors Sue Cincinnati Bell In Del. Over $2.6B Merger Plan

    Cincinnati Bell Inc. stockholders hit the company late Thursday with a proposed class action in Delaware federal court alleging disclosure shortcomings ahead of its $2.6 billion proposed acquisition by Toronto-based Brookfield Infrastructure Inc. and seeking a deal block or reversal.

  • February 21, 2020

    AstraZeneca Stuck With FCA Case Over Crestor Marketing

    A Delaware federal judge has refused to ax a False Claims Act suit accusing pharmaceutical giant AstraZeneca of fraudulently marketing its cholesterol-lowering drug Crestor, but agreed to toss one whistleblower from the case.

  • February 21, 2020

    Marriott Can't Duck Hotel Guests' Data Breach Claims

    A Maryland federal court on Friday kept alive multidistrict litigation stemming from hotel giant Marriott International Inc.'s massive data breach, finding that guests had adequately claimed injuries traceable to the company's failure to detect the historic hack or stop the theft of their personal information.

  • February 21, 2020

    3rd Circ. Says J&J Must Face Walgreens, Kroger Antitrust Suit

    Walgreens and Kroger have earned another crack at proving Johnson & Johnson snuffed out competition for its arthritis treatment Remicade and hiked the drug’s price tag, as the Third Circuit disagreed with a lower court that a commercial contract barred the retailers’ federal antitrust claims.

  • February 21, 2020

    Hopelessly Insolvent Bayou Steel Converted To Ch. 7 In Del.

    Remnants of bankrupt scrap steel recycler Bayou Steel BD Holdings LLC slid into Chapter 7 Friday after major asset sales fell millions short of amounts needed to pay off secured creditors, legal fees and expenses to close out the case in Chapter 11.

  • February 21, 2020

    Melinta's Ch. 11 Plan Docs Approved With New Information

    Antibiotics maker Melinta Therapeutics Inc. received court approval Friday in Delaware for its Chapter 11 plan disclosure statement after the debtor agreed to add new information regarding its intent to substantively consolidate its estates for distribution purposes.

  • February 21, 2020

    Teva Floated As Bellwether In Generic Drug Price-Fixing MDL

    A case brought by 44 state attorneys general against Teva Pharmaceuticals and several other drugmakers should be the bellwether for a massive multidistrict litigation over alleged conspiracies to fix the prices of generic drugs, according to a special master's report Thursday.

  • February 21, 2020

    Hecla Investor Wants Docs On Not-So-Golden $462M Mine Buy

    A Hecla Mining Co. investor told the Delaware Chancery Court on Thursday she wants the company's records to determine if its officers mishandled Hecla's $462 million purchase of three gold mines in Nevada that were supposed to be lucrative but turned out to be duds.

  • February 20, 2020

    Delaware Bench Balance Rule Is 'Offensive,' High Court Told

    An attorney challenging Delaware's judicial political parity rule told the U.S. Supreme Court on Thursday that a provision of the state constitution requiring equal representation of parties on the bench is "offensive to the First Amendment."

  • February 20, 2020

    Del. Judge May Dictate Fix For Zohar-Tilton Ch. 11 Dispute

    A Delaware bankruptcy judge left open the possibility Thursday of a court-fashioned alternative to competing plans for meeting a bankrupt creditor group’s demand for sales of nondebtor companies controlled by business turnaround mogul Lynn Tilton’s Patriarch Partners LLC.

  • February 20, 2020

    3rd Circ. Affirms Marketer In Wage Suit Counts As Employee

    A split Third Circuit on Thursday affirmed that a fired Pennsylvania marketing worker hired as an independent contractor to promote a trio of roofing companies was actually an employee under state law and is entitled to damages on his wage claims.

  • February 20, 2020

    Bankrupt Oil Biz Furie Gets Nod For Planned Ch. 11 Sale

    A Delaware bankruptcy judge on Thursday gave oil and gas producer Furie Operating Alaska LLC her nod to move forward with a planned Chapter 11 sale of its ownership interests through a foreclosure transaction, as another potential buyer still negotiates with the debtors.

  • February 20, 2020

    3rd Circ. Blasted For Not Booting Judge From Ex-Clerk's Case

    A Pennsylvania woman waging a decadeslong battle with environmental regulators over wetlands on her property blasted the Third Circuit's curt refusal to boot the case's judge from the matter, arguing that a panel didn't even say why the jurist should stay put despite the fact that her ex-clerk is prosecuting the matter.

  • February 20, 2020

    SeaWorld's $65M 'Blackfish' Class Action Settlement Wins OK

    A California federal judge has preliminarily approved SeaWorld Entertainment Inc.'s $65 million settlement of a securities class action related to the controversial 2013 documentary "Blackfish," saying he will likely give his final approval to the deal because it is fair and reasonable.

  • February 20, 2020

    Juno Moves Ahead With Ch. 11 Plan After Creditor Deal OK'd

    Bankrupt ride-hailing service Juno USA LP received court approval Thursday in Delaware for a Chapter 11 settlement with its unsecured creditors and parent company that will help fund a post-bankruptcy trust fund and also allow the company to move toward confirmation of its proposed plan.

  • February 20, 2020

    Rival Says Allergan Muscle Toner Not As Strong As Claimed

    The makers of the Emsculpt electric muscle toning device sued Allergan Inc. in Delaware federal court on Thursday, saying Allergan's claims that its competing device is 50% stronger than Emsculpt don't match up with its real performance.

  • February 20, 2020

    Abbott Can't Nix Suit Over Losing Out On $50M Merger Bonus

    A Delaware federal judge on Thursday rejected Abbott Laboratories' bid to dismiss a suit by former stockholders of Tendyne Holdings Inc. claiming that a merger contract breach cost them $50 million, ruling the amended complaint alleges enough facts to keep the suit alive that the original complaint lacked.

  • February 20, 2020

    Whiteout: 23 Top State Courts Have All-White Benches

    The racial and gender makeup of state supreme court benches continues to fall short at reflecting the diverse U.S. population, as 23 states have zero justices of color on their high court benches, according to a report out Thursday.

  • February 20, 2020

    Orchids Ch. 11 Plan Confirmed With Bigger Health Care Fund

    Bankrupt specialty paper manufacturer Orchids Paper Products Co. received court approval Thursday for its Chapter 11 liquidation plan after reaching a deal to set aside more funds to pay employee health care claims.

  • February 20, 2020

    Creditors Take Aim At Driller Southland Royalty's $70M DIP

    Unsecured creditors told the Delaware bankruptcy court late Wednesday that oil and gas driller Southland Royalty Company LLC's $70 million post-petition financing is unfairly set up to benefit secured prepetition lenders over other creditors.

  • February 19, 2020

    Tilton Denies Stymieing Zohar's Ch. 11 Sale Efforts

    Corporate turnaround mogul Lynn Tilton denied holding up court-supervised efforts to sell off parts of her Patriarch Partners business portfolio Wednesday while testifying in a dispute over competing deadlines and strategies for the Zohar Funds’ Delaware Chapter 11 process.

  • February 19, 2020

    Cognizant Pushes Chancery To Scrutinize Ex-Officer's Fee Bid

    Legal bills for a former high-ranking Cognizant Technology Solutions Corp. officer facing federal charges in an alleged bribery scheme over the construction of an office campus in India seem significantly "inflated" and should be reviewed before Cognizant is ordered to pay them, the IT company told the Delaware chancellor Wednesday.

  • February 19, 2020

    Boy Scouts Aim To Emerge Quickly From Ch. 11

    Attorneys representing the Boy Scouts of America in its Chapter 11 case told a Delaware federal bankruptcy judge Wednesday that the organization hopes to keep itself alive through a rapid bankruptcy process while also dealing fairly with the thousands of sexual abuse claims that have been filed against it.

Expert Analysis

  • Del. Uber Ruling Reinforces High Bar To Prove Director Bias

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    The Delaware Supreme Court's recent dismissal of a stockholder action alleging conflicts among Uber's board demonstrates how unlikely it is that independent directors would be held personally liable for fiduciary breaches, say attorneys at Fried Frank.

  • And Now A Word From The Panel: MDLs Continue To Thrive

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    The Judicial Panel on Multidistrict Litigation created fewer new MDLs last year than the year before, but this belies an overarching storyline of growth — with proceedings encompassing over 130,000 individual actions pending at year's end, says Alan Rothman of Sidley.

  • Rebuttal

    AI Can't Accurately Predict Case Length And Cost — Yet

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    A recent Law360 guest article argued that artificial intelligence can precisely estimate the length and cost of a new case, but several limitations will likely delay truly accurate predictions for years to come, says Andrew Russell at Shaw Keller.

  • EEOC Policy Change Clashes With Challenges To Arbitration

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    Although the U.S. Equal Employment Opportunity Commission’s recent retraction of a policy that opposed mandatory arbitration agreements for worker discrimination claims aligns with U.S. Supreme Court precedent, it doesn’t address resistance to arbitration in new state laws or in the wake of #MeToo, says Mauro Ramirez at Fisher Phillips.

  • What Health Care FCA Trends Tell Us About The Year Ahead

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    The U.S. Department of Justice showed more initiative in directly bringing health care-related False Claims Act cases despite a decrease in qui tam filings last year, and as scrutiny of the industry continues to rise, several sectors deserve to be watched carefully this year, say attorneys at Epstein Becker.

  • Lawyers Can Build Trust Through The Spoken Word

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    As attorneys, we may prefer the precision of written communication, but a phone call or an in-person conversation builds trust by letting others see and hear our authentic selves, rather than something constructed or scripted, says mediator Sidney Kanazawa of ARC.

  • Fed. Circ. Instructive On Transitional Phrases In Patent Claims

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    Two recent Federal Circuit decisions construing Actavis' and Amgen's drug patent claims provide key guidance for practitioners on using transitional phrases to avoid rendering a claim indefinite or opening a it up to a prior art attack, say attorneys at Morgan Lewis.

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

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    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

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    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Ruling On FERC’s Tolling Orders Could Slow Pipelines

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    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

  • FERC Issues For Natural Gas Cos. To Watch In 2020

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    The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

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    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Perspectives

    Book Review: A Lawyer Reflects On Defending Guilty People

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    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

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    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

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    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

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