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Delaware

  • May 17, 2019

    Orexigen Cleared For Wind Down After Del. Ch. 11 Confirmed

    Remnants of largely sold-off biopharmaceutical firm Orexigen Therapeutics Inc. whisked through a Chapter 11 plan confirmation in Delaware on Friday, clearing the way for a wind down of the business and remaining litigation.

  • May 17, 2019

    Cubic Energy Successor's Ch. 11 Debt Swap Plan Gets OK'd

    Bankrupt oil and gas exploration company Hilltop Energy LLC received court approval Friday in Delaware for its proposed schedule seeking rapid confirmation of its $53 million debt-for-equity swap.

  • May 17, 2019

    Global Brass Hit With Investor Suit Over $963M Deal

    Global Brass and Copper Holdings Inc. failed to give stockholders enough information about its proposed $963 million tie-up with Wieland-Werke AG for them to make an informed vote on the transaction, an investor told a Delaware federal court Friday.

  • May 17, 2019

    Dysfunction Leads Del. Chancery To Dissolve Pharma Co.

    A Delaware chancellor ordered the liquidation and dissolution of a pharmaceutical development company Friday, saying disagreements among the company's three managers have created a deadlock that has frozen operations and doomed its future prospects.

  • May 17, 2019

    GM Owners Open Faulty-Transmission Class Suit In Del.

    Attorneys for General Motors vehicle owners with allegedly defective transmissions opened a proposed nationwide federal class damages suit in Delaware Friday, becoming at least the third prospective multistate class challenge to the automaker’s gearboxes.

  • May 17, 2019

    DeVry $16M Ads Suit Settlement OK'd With Lesser Atty Fees

    A Delaware vice chancellor on Friday signed off on a settlement with a lesser-than-requested attorney fee by which former officers of DeVry University will pay $16 million to end a shareholder derivative suit that alleged the for-profit college chain made false advertisements and representations about the employment rates of its graduates.

  • May 16, 2019

    Nexeo Investor Seeks Del. Share Appraisal After $2B Sale

    A fund of Burford Capital Investment Management LLC sued in Delaware's Chancery Court Thursday for post-merger appraisal of its 5 million Nexeo Solutions Inc. shares, two months after the closing of Nexeo's $2 billion sale to Univar Inc.

  • May 16, 2019

    Insurer Must Face Suit Over Tree Crush Death, 3rd Circ. Says

    A homeowner whose husband was crushed by a downed tree that "uprighted" may have viable claims against an insurer over the Superstorm Sandy-related accident, the Third Circuit ruled Wednesday, reviving the suit on the grounds that it's not clear the accident was "unforeseeable."

  • May 16, 2019

    Del. High Court Turns Down Challenge To Equus Stock Plan

    The Delaware Supreme Court on Thursday stood by a Chancery Court ruling that investment company Equus Total Return satisfied its duty to inform stockholders about a stock incentive plan, refusing to give new life to a proposed class action claiming Equus kept investors in the dark.

  • May 16, 2019

    Cubic Energy Successor Hits Ch. 11 With $53M Of Note Debt

    The oil and gas exploration company that emerged from the Chapter 11 case of Cubic Energy Inc. in 2016 found itself in Delaware bankruptcy court with $53 million in debt Thursday after three years of declining well production.

  • May 16, 2019

    Del. Justices Agree Tech Co. Sale Didn't Harm Shareholders

    Despite winning fiduciary breach claims against directors and an activist hedge fund over the 2014 sale of a tech company, shareholders lost an appeal Thursday asking the Delaware Supreme Court to reverse a finding that they weren't harmed by the breach.

  • May 16, 2019

    Disbarred Atty Can't Beat Prison Term Over 'Confused' Judge

    The Third Circuit on Thursday nixed a disbarred attorney’s bid to toss his revised 41-month prison term for his role in bogus investment schemes, rejecting his claims that a New Jersey federal judge was “confused” about its prior rulings and “unprepared” to conduct the resentencing hearing.

  • May 16, 2019

    Google Can't Move YouTube Patent Suit From Del. To Calif.

    Google LLC lost a bid to transfer a patent suit over YouTube video playback features from Delaware to California when a First State federal judge on Thursday said the tech titan hadn’t provided sufficiently compelling reasons for moving the case.

  • May 16, 2019

    Pipeline Explosion Sparks EdgeMarc Ch. 11 Dispute

    A Delaware judge on Thursday acknowledged all may not be hunky-dory as bankrupt Pennsylvania-based oil and gas company EdgeMarc Energy Holdings LLC moves forward with its Chapter 11 amid a dispute with a pipeline builder over whether an explosion last fall pushed EdgeMarc into bankruptcy.

  • May 16, 2019

    Columbia Pipeline Investors Call TransCanada Deal Flawed

    Shareholders seeking appraisal of their stock in Columbia Pipeline Group Inc. told a Delaware Chancery Court judge Thursday the $13 billion deal with TransCanada that spurred the appraisal action was too flawed to allow the deal price to be used as a gauge of fair value.

  • May 16, 2019

    White Eagle, Lender Settle Debt Status Row In Del. Ch. 11

    Life insurance policy investor White Eagle Asset Portfolio LP reported a wide-ranging Chapter 11 settlement deal with its prepetition lender in Delaware bankruptcy court late Wednesday, with terms calling for an end to debtor-lender litigation, a $15 million debtor-in-possession loan and a refinancing or collateral sale.

  • May 15, 2019

    Allstate Seeks To Join Chancery Brawl Over Reinsurance Firm

    Allstate Life Insurance Co. moved to intervene late Tuesday in a Chancery Court scramble over the rehabilitation of reinsurance firm Scottish Re (U.S.) Inc. and a Delaware Insurance Department ruling that insurers worry could curb their right to reduce payments to Scottish Re by the amounts it owes to them.

  • May 15, 2019

    AGs Jeer Proposed Changes To Consumer Contract Guide

    The attorneys general of 23 states and Washington, D.C., have urged the American Law Institute to reject proposed changes to the guidelines set by the organization to help courts deal with consumer contract cases, arguing that consumers would be harmed by what the officials perceive as a loosening of standards.

  • May 15, 2019

    Insurers Flag Special Counsel In Imerys Ch. 11

    A group of insurers told the Delaware bankruptcy court Wednesday it should reject the law firm proposed to serve as special insurance counsel to the official committee of tort claimants in Johnson & Johnson talc supplier Imerys’ Chapter 11 because the firm has ties with other firms representing parties with interests in the bankruptcy proceedings.

  • May 15, 2019

    Pa. Energy Co. EdgeMarc Files Ch. 11 With Plans To Sell

    Pennsylvania-based oil and gas company EdgeMarc Energy Holdings LLC filed for Chapter 11 bankruptcy on Wednesday with $78 million in secured debt and plans to sell off its assets at auction, blaming an explosion and disagreements with a pipeline company for its downfall.

Expert Analysis

  • State Net

    Why States And Cities Are Concerned About Census Accuracy

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    The 2020 census will impact every state, city and county in the United States, because population is a major factor in how the federal government distributes funds. Despite apprehensions about an undercount, there are reasons for optimism about the accuracy of the census, says Lou Cannon of State Net Capitol Journal.

  • Q&A

    A Chat With Gilead Sciences Legal Ops Leader Gary Tully

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    In this monthly series, legal recruiting experts from Major Lindsey & Africa interview legal industry leaders about the increasingly competitive business environment. Here, Rod Osborne talks with Gary Tully, head of legal operations at Gilead Sciences.

  • More Courts Are Applying IPR Estoppel Expansively

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    Recent district court decisions confirm that the broad view of inter partes review estoppel is the prevailing — and perhaps the only — view after the U.S. Supreme Court's 2018 decision in SAS Institute v. Iancu, say Brett Cooper and Kevin Schubert of McKool Smith.

  • Series

    Why I Became A Lawyer: Completing The Journey Home

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    My mother's connection to her Native American heritage had a major influence on my career — my decision to enter the legal profession was driven by the desire to return to my tribal community and help it in any way I could, says Jason Hauter of Akin Gump.

  • Don't Let License Rules Snuff Out Your Fire Expert

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    Lawsuits involving property damage due to fire often require the retention of an expert to investigate the fire, but testimony can be excluded if the expert lacks the required licenses. Attorneys at Tucker Ellis break down the different licensing requirements for fire scene inspection in all 50 states.

  • Series

    Judging A Book: Wood Reviews 'The Making Of A Justice'

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    Retired U.S. Supreme Court Justice John Paul Stevens' new book, "The Making of a Justice," is required reading for anyone interested in 20th and 21st century America, says Seventh Circuit Chief Judge Diane Wood.

  • State Net

    State Lawmakers Stepping Up Fight Against Insurance Fraud

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    Insurance fraud costs insurers and their policyholders tens of billions of dollars a year. With insurance fraud-related bills introduced in 40 states and enacted in 14 so far this year, state lawmakers seem to agree with the industry that fraud is a major problem, says Korey Clark of State Net Capitol Journal.

  • Maritime Opinion Offers Hope For 'Bare Metal' Defense

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    In Air and Liquid Systems v. DeVries, the U.S. Supreme Court recently cast doubt on the "bare metal" defense against manufacturer liability in a maritime tort context. But both the majority and dissenting opinions provide a road map to using this defense in other situations, say John Vales and Stephen Turner of Dentons.

  • Getting Out Of Legal Project Management Debt

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    If a client does not demand the application of project management techniques at the start of a matter, or a law firm does not routinely apply them, it is highly likely that additional, avoidable work — legal project management debt — will materialize throughout the matter, says Anthony Widdop of Shearman & Sterling.

  • 6 Ways To Keep Your Jury From Zoning Out

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    Science suggests that at least some jurors pay attention to less than 65% of the evidence during a trial due to "task-unrelated thoughts," but there are steps attorneys can take to present information in a more engaging, cognition-friendly fashion, say Dennis Stolle and Dennis Devine of Barnes & Thornburg.