Delaware

  • July 02, 2020

    LendingClub Investors Push Chancery To Keep Claims Alive

    An attorney for a stockholder who sued online lender LendingClub Corp. for allegedly misleading investors about a federal investigation said they have dropped an insider trading claim during Chancery Court dismissal arguments Thursday, but urged the court to keep alive unjust enrichment and related claims. 

  • July 02, 2020

    High Court Won't Touch Rules Restricting Abortion Protestors

    The U.S. Supreme Court won't hear challenges to Chicago and Harrisburg ordinances that set boundaries on anti-abortion protesters outside of clinics, leaving in place Seventh and Third Circuit rulings upholding the buffers.

  • July 02, 2020

    NextEra Fights For $60M Fee From EFH Ch. 11 At 3rd Circ.

    NextEra Energy Inc. urged the Third Circuit on Thursday to revive its bid for $60 million in administrative expenses in connection with a scrapped deal to purchase assets from bankrupt Energy Future Holdings Corp., arguing that it spent the money in reliance on a sale termination fee that was later taken off the table.

  • July 02, 2020

    Faraday Future Tycoon Exits Ch. 11 After $3.5B Reorg

    A Chinese tycoon and founder of electric car startup Faraday Future reported a successful emergence Thursday from a personal Chapter 11 in California that briefly detoured through Delaware bankruptcy court, following confirmation of a more than $3.5 billion reorganization.

  • July 02, 2020

    GSK Takes Avandia Marketing Battle To Supreme Court

    GlaxoSmithKline is asking the U.S. Supreme Court to upend a Third Circuit ruling in a case over the marketing of the diabetes medication Avandia, saying the appeals court had taken an "impossibly capricious view" of the drug company's duty to provide information to regulators.

  • July 02, 2020

    Libbey's Ch. 11 Financing OK'd Despite Trustee Opposition

    A Delaware bankruptcy judge on Thursday approved Libbey Glass Inc.'s post-petition financing package despite U.S. trustee opposition to financing terms related to possible litigation that could be pursued over $2.35 million in prepetition bonuses paid to five executives.

  • July 02, 2020

    Top Delaware Cases Of 2020: A Midyear Report

    Despite the pandemic, the first half of 2020 saw epic judicial gear-shifting but no real slowdown in Delaware's key business courts, with new Chancery Court complaints actually picking up and important corporate and commercial law decisions regularly emerging from remotely conducted proceedings.

  • July 01, 2020

    Akorn Gets Del. Ch. 11 Disclosure OK As Plan Fight Looms

    Bankrupt pharmaceutical company Akorn Inc. secured Delaware court approval Wednesday for its Chapter 11 disclosure, while also receiving a preview of coming dissents over its more than $1 billion case and sale ambitions.

  • July 01, 2020

    24 Hour Fitness Rent Deferral OK'd Over Landlord Outcry

    A Delaware judge on Wednesday gave her nod for gym chain 24 Hour Fitness Worldwide Inc. to defer an estimated roughly $65 million in rent payments, despite strong objection from multiple landlords, as it moves forward with Chapter 11 plans to restructure its $1.4 billion in debt.

  • July 01, 2020

    Portola Investor Wants Docs About $1.4B Alexion Deal

    A Portola Pharmaceuticals investor filed a lawsuit Tuesday in Delaware Chancery Court seeking records from the biotech company to probe possible wrongdoing related to its proposed $1.4 billion purchase by Alexion Pharmaceuticals, asserting Portola's directors seemed driven to sell by "COVID-19 pandemic-driven fear."

  • July 01, 2020

    Ex-Performance Sports Brass Beat Ch. 11 Duty Breach Suit

    Former officers and directors of bankrupt Performance Sports Group Ltd. won a Delaware court dismissal Tuesday of an estate litigation trustee's claims that insider fiduciary duty failures and corporate waste led the company into a more than $500 million Chapter 11 and "distressed" sale.

  • July 01, 2020

    Chicken Plant Hit With Sanctions By 'Flabbergasted' Judge

    A Delaware state judge has imposed $28,320 in sanctions against chicken processing plant Mountaire Corp. for overredacting documents produced in discovery in a suit over alleged water pollution, saying he was already "flabbergasted" by the company's conduct but more recent revelations in the case show it's gone too far.

  • July 01, 2020

    Indivior Wants 3rd Circ. To Undo Suboxone Class Cert.

    Indivior Inc. implored the Third Circuit to undo certification of a class action accusing the company of delaying generic competition of its opioid addiction drug Suboxone, arguing Wednesday that certification was improperly based on an overarching antitrust theory, rather than on individually evaluated claims.

  • June 30, 2020

    Del. Justices Reverse $18B Towers Watson Merger Suit Toss

    A split Delaware Supreme Court on Tuesday reversed and sent back for reconsideration the Chancery Court's mid-2019 dismissal of a stockholder suit challenging the $18 billion merger of Towers Watson & Co. and Willis Group, saying the lower court mistakenly deferred too much to the combined company when it dismissed breach of fiduciary duty claims against Towers' CEO.

  • June 30, 2020

    Offit Kurman's Forum Argument Gets Malpractice Suit Tossed

    Offit Kurman PA on Tuesday ducked a malpractice suit in Texas federal court in which a Houston-based online furniture store sought over $1 million for alleged bill padding and double-billing, after a judge held the store's owner had agreed any dispute would be litigated in Delaware.

  • June 30, 2020

    Key Senators Want To Add New Federal Judgeships This Year

    The Republican chairman of the Senate Judiciary Committee was joined by the panel's Democrats on Tuesday in calling to create new federal judgeships for the first time in nearly 20 years, but the idea needs broader GOP support to move forward.

  • June 30, 2020

    Apple, Visa Get 4 Secure-Pay Patents Invalidated Under Alice

    A Delaware federal judge on Tuesday reversed the recommendation of a magistrate judge and tossed a lawsuit alleging Apple and Visa's "Apple Pay" contactless payment system infringes four security patents, finding that the patents-in-suit cover an abstract idea and are invalid under the U.S. Supreme Court's Alice ruling.

  • June 30, 2020

    Genomic Health Investor Calls Exact Sciences Merger Unfair

    A former Genomic Health Inc. investor blasted the company's planned $2.8 billion merger last year with fellow cancer treatment developer Exact Sciences Corp. as a sweetheart deal that undervalued the company, failed to disclose important information to investors and was agreed to by the controlling shareholder before terms were finalized.

  • June 30, 2020

    Chancery Asked To Boot Suit Over Perelman-Led 'Scheme'

    A lawsuit alleging Scientific Games, its officers and billionaire investor Ronald Perelman engaged in a "scheme" to damage Sylebra Capital Partner's investment and strengthen the billionaire businessman's control over the gaming company has no place in Delaware Chancery Court, a vice chancellor was told Tuesday.

  • June 30, 2020

    Ex-Wilmington Trust Brass Seek To Scotch Fraud Convictions

    Four former Wilmington Trust Corp. executives urged the Third Circuit to undo their fraud convictions for failing to flag real estate loans totaling millions of dollars that were in arrears, arguing Tuesday that there was no regulatory or statutory definition of "past due" on which to base criminal charges.

  • June 30, 2020

    Imerys Ch. 11 Sale Process OK'd Despite Insurer Concerns

    A Delaware judge on Tuesday approved Chapter 11 sale procedures for Johnson & Johnson talc supplier Imerys Talc America Inc., despite opposition from a group of insurers who contended they may not be left with enough time to mount a challenge if certain insurance policies are included in the sale.

  • June 30, 2020

    Advantage Gets OK On $17M In Ch. 11 Airport Contract Sales

    The parent company of Advantage Rent A Car received permission from a Delaware bankruptcy judge Tuesday for the sale of its airport rental agency agreements in two transactions worth more than $17 million.

  • June 30, 2020

    States Criticize EPA Push To Maintain Particulate Matter Regs

    A coalition of states including Maryland and New York told the U.S. Environmental Protection Agency that fine and coarse particulate matter pollution kills thousands of people each year and the agency is wrong not to tighten its rules to better protect public health.

  • June 30, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As COVID-19 cases surged in multiple regions amid noncompliance with wearing face masks over the past week, governors of newly dubbed hot-spot states and their neighbors, even ones with declining cases and deaths, rushed to pause reopening activities such as indoor dining.

  • June 30, 2020

    State AGs Slam Trump Order To Skirt Environmental Reviews

    Attorneys general for 15 states and the District of Columbia warned the Trump administration that an executive order to bypass vigorous environmental reviews for infrastructure projects would run afoul of emergency provisions in federal law, even considering the COVID-19 pandemic.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • How COVID-19 Impact Analysis May Shape MAE Disputes

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    Emerging disputes over whether the COVID-19 crisis has triggered a merger transaction’s material adverse effect clause shine a spotlight on the importance of showing whether the pandemic has disproportionately impacted particular industries and companies, say David Tabak and Edward Flores at NERA.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • A Strategy To Address Uncertainty In Life Sciences Contracts

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    Understanding how to draft diligence clauses that require parties to use commercially reasonable efforts in life sciences contracts is more important than ever before, with COVID-19 likely redefining what is reasonable, say Gregory Litt and Resa Schlossberg at Skadden.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Harassment Ruling Doesn't Clear Cos. Of All Worker Conduct

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    The Third Circuit’s recent opinion in Yucis v. Sears Outlet Stores shows that companies are not always liable for an employee’s sexual harassment of a customer, but courts can still find vicarious liability when one of five factors is satisfied, says Melissa Legault at Squire Patton.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • Opinion

    It's Time For Valuation Experts To Let Go Of The Size Premium

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    Valuation experts should abandon the practice of applying a size premium to estimate the cost of equity for smaller firms because its use jeopardizes the reliability of valuation conclusions, says Clifford Ang at Compass Lexecon.

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