Delaware

  • April 09, 2020

    UK, DOJ Pursue Bids To Block $360M Sabre-Farelogix Merger

    British competition authorities and the U.S. Department of Justice are moving forward with separate challenges to the $360 million proposed merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 09, 2020

    Shuttered Apex Parks Chain Opens Ch. 11 Hoping To Sell

    California-based amusement park chain Apex Parks Group LLC entered Chapter 11 in Delaware with more than $100 million in liabilities, saying it would pursue a reorganization and sale of its 12-site, three state business, with secured lenders serving as a bidder-to-beat stalking horse.

  • April 08, 2020

    Scores Fight White House In Birth Control Case At High Court

    Twenty states, 32 cities, 186 federal lawmakers and dozens of interest groups railed against the Trump administration’s stance in a blockbuster Affordable Care Act case Wednesday, urging the U.S. Supreme Court to strike down regulations allowing employers that oppose contraception to stop covering workers’ birth control.

  • April 08, 2020

    Trustwave Merger Suit Survives Due To 'Skimpy' Disclosure

    A Delaware vice chancellor on Wednesday let stand a lone claim from a consolidated investor suit alleging Trustwave Holdings Inc. unfairly gave certain stockholders preferential treatment in its roughly $850 million merger with Singapore Telecommunications Ltd., saying a claim related to a “decidedly skimpy” transaction disclosure can proceed.

  • April 08, 2020

    Ex-BigLaw Attys' Patent Firm Resolves Suit Against Lyft

    A patent-licensing company founded by former WilmerHale and Kirkland & Ellis LLP partners said Wednesday it has resolved a dispute with Lyft over methods of routing ride-sharing traffic.

  • April 08, 2020

    Owlcam Investors Say Amazon Aided Executives' Self-Dealing

    Executives at Owlcam shortchanged investors with help from Amazon in a scheme to sell the dashboard camera maker's intellectual property to the tech titan in exchange for a $1 million kickback and promises of future employment, according to a lawsuit in Delaware court.

  • April 08, 2020

    Ousted Factory CEO Urges Chancery To Open Path For Return

    Attorneys for Braidy Industries Inc. founder Craig T. Bouchard told Vice Chancellor Kathaleen S. McCormick during a teleconference proceeding that the company's directors flatly ignored a shareholder agreement allowing him to remove four other members of the board and reappoint a new majority, and instead improperly orchestrated his removal.

  • April 08, 2020

    Quorum Health Hopes For Quick Ch. 11 Exit

    Tennessee-based Quorum Health Corp. has told a Delaware bankruptcy court it is hoping to have a Chapter 11 plan approved in a little over a month, saying its rural hospitals need to stay open for the sake of their communities.

  • April 08, 2020

    Retailer Fred's Reaches Deal With Wholesaler On $15M Claim

    Bankrupt discount retailer Fred's Inc. said Tuesday it has reached an agreement with its pharmaceutical wholesaler Cardinal Health Inc. over claims in its Chapter 11, with Cardinal set to recover a secured claim of $15 million.

  • April 08, 2020

    1st Circ. Backs NuVasive's Noncompete With Ex-Sales Rep

    The First Circuit said Wednesday that medical device company NuVasive can stop a former sales employee from working for a rival firm, upholding a lower court's preliminary injunction enforcing a nonsolicitation and noncompete agreement the worker signed.

  • April 08, 2020

    NY AG Seeks Additional Sackler Family Financial Info

    The New York attorney general on Tuesday asked a bankruptcy court to resume discovery into the finances of the Sackler family, who owns Purdue Pharma LP, saying that her office has already unearthed important information about money transfers the family has made.

  • April 08, 2020

    DOJ Loses Bid To Block $360M Sabre-Farelogix Merger

    Pointing to “simply unpersuasive” testimony by a key government expert, a federal judge in Delaware has rejected the Justice Department’s Clayton Act suit to block a $360 million merger of airline booking service companies Sabre Corp. and Farelogix Inc.

  • April 07, 2020

    Cahill Gordon Suspends 2020 Summer Associate Program

    Cahill Gordon & Reindel LLP has decided to suspend its summer associate program for 2020 in response to the COVID-19 pandemic, the firm announced Tuesday though it says it will pay the associates who had been selected and will offer them full-time positions after graduation.

  • April 07, 2020

    Alaska Airline's Ch. 11 Loan Rocked By Plane Seizure Threat

    The Chapter 11 case of regional airline Ravn Air Group Inc. got off to a turbulent start Tuesday when lenders providing post-petition financing said their commitment to the loans was in doubt after a local Alaskan leader threatened to commandeer the debtor's air fleet.

  • April 07, 2020

    Coronavirus Regulations: Week In Review State By State

    State COVID-19 measures continue to evolve along with the pandemic's positive cases and death toll, with actions this past week that expanded Delaware's list of nonessential businesses and extended brick-and-mortar closures in Massachusetts into May. Here's a breakdown of some COVID-19-related state measures from the past week.

  • April 07, 2020

    Del. OKs Virtual Shareholder Meetings To Stem Virus Risk

    With pandemic-related public gathering bans in place across the country, Delaware on Monday said annual shareholder meetings that have already been announced can be held virtually, in a nod to the risks from COVID-19.

  • April 07, 2020

    Chancery Bars Port Owner From Blocking Gas Tank Access

    A Delaware vice chancellor temporarily barred the operator of the port of Wilmington from blocking access to fuel storage tanks after the tanks’ owner sought injunctive relief from the court after access was denied over a fee dispute.

  • April 07, 2020

    Chancery Opens Door Wider For $1.5B Energy Co. Deal Probe

    Citing an earlier waiver of privilege, the Delaware Chancery Court on Tuesday ordered expanded class attorney rights to documents related to an advisory opinion prepared by Baker Botts LLP used to justify a $1.5 billion Boardwalk Pipeline Partners LP call in and buy-up of common partnership shares by a controlling investor in 2018.

  • April 07, 2020

    COVID-19 Kicks Owens-Illinois Ch. 11 Probe Back A Month

    The Delaware bankruptcy judge overseeing the Chapter 11 case of an Owens-Illinois spinoff on Tuesday moved a hearing on the appointment of an examiner and a representative for asbestos claimants back a month to buy time to work around COVID-19 lockdowns.

  • April 07, 2020

    WeWork Committee Sues SoftBank For Nixed $3B Share Buy

    A WeWork special committee sued SoftBank in Delaware court Tuesday over a canceled deal to buy $3 billion of the company’s shares, saying the Japanese investment giant is reaping the benefits of their larger bailout agreement but is now backtracking on its end of the contract.

  • April 07, 2020

    Quorum Health Hits Ch. 11 With Plan To Cut $500M Of Debt

    Tennessee-based Quorum Health Corp. filed for Chapter 11 protection Tuesday in Delaware with a plan in hand to continue operating in the midst of the COVID-19 pandemic, while slashing $500 million of debt from its balance sheet and injecting $200 million of new capital.

  • April 06, 2020

    Wilmington Port Hit With Chancery Suit Over Gas Tank Access

    The operator of the port of Wilmington was sued in Delaware Chancery Court on Monday by a fuel storage tank owner that claims the operator has disrupted the fuel supply chain amid the COVID-19 pandemic by blocking access to tanks over a fee dispute.

  • April 06, 2020

    Chancery Sets Short Sale Fuse For Troubled Drug Company

    The Delaware Chancery Court agreed Monday to schedule a quick $14 million asset sale hearing for a drug development company ordered into liquidation last year amid a battle between its owner-managers, with a trustee's attorney reporting concerns about dwindling cash and an April 30 buyer deadline.

  • April 06, 2020

    Firm Cost-Cutting Has GCs Watchful But Not Worried — Yet

    Most general counsel aren't yet scared about potential disruptions to their outside counsel services, even as law firms cut staff and pay to reduce the financial impact of COVID-19. But some say their feelings could change if their key lawyers become unavailable.

  • April 06, 2020

    3rd. Circ. Says Press Release Didn’t Defame Pharma Co.

    A New Jersey drugmaker's defamation suit doesn't have enough evidence that a former distributor's press release, announcing a $3 million lawsuit, contained anything factually incorrect, the Third Circuit said.

Expert Analysis

  • Conducting Court Hearings Remotely: 12 Considerations

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    As more courts begin to explore remote hearings during the COVID-19 crisis, attorneys and courts should be aware of some of the common concerns accompanying video- and teleconferencing technology and make allowances to avoid these issues, say Attison Barnes III and Krystal Swendsboe at Wiley Rein.

  • The Era Of Video Mediation Is Here — Or Is It?

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    Mediator Jeff Kichaven has heard from several first-chair trial lawyers and senior claims executives that they are reluctant to adopt online video mediation even during the COVID-19 crisis, and says this reluctance is grounded in reality.

  • COVID-19 Highlights BigLaw Need For Emotional Intelligence

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    The formula for making decisions at BigLaw firms has historically been rooted in IQ-based factors, but with the ongoing pandemic, lawyers and firm leaders are increasingly dealing with issues that require emotional intelligence — from establishing effective virtual offices to retaining firm morale and client confidence, say Jolie Balido and Tina van der Ven at NewStar Media.

  • Perspectives

    States Must Toll Court Deadlines To Ensure Access To Justice

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    There are several reasons why a state should consider temporarily lifting statutes of limitations during this pandemic, including protecting the rights of litigants who are vulnerable, say Adam Mendel and Rayna Kessler at Robins Kaplan.

  • Opinion

    FTC Should Leave Regulation Of Noncompetes To States

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    If the FTC must use its rulemaking authority to regulate employee noncompete agreements, it should tread cautiously and let states make policy decisions for their citizens and economies, say Russell Beck and Erika Hahn of Beck Reed.

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Justices' Citgo Ruling Offers Shippers Contractual Clarity

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    The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.

  • Tips For Executing Contracts Electronically Amid Pandemic

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    While COVID-19 has created unprecedented challenges for even commonplace tasks like contract execution, federal and state legal frameworks offer practical alternatives to manual signing, say attorneys at Cleary.

  • Opinion

    It Is Time To Make Virtual Trials A Reality

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    The COVID-19 crisis is rapidly teaching us that there is surprisingly little legal work that requires everyone to be in the same room — and that’s equally true for trials and other court proceedings, says Jeffrey Blumenfeld at Lowenstein Sandler.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • State Telemedicine Rules Remain Murky Amid COVID-19 Crisis

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    In the vast majority of states, the regulatory environment remains unclear or hostile to telemedicine services by out-of-state physicians, limiting their capacity to help during the coronavirus pandemic, say attorneys at Polsinelli.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Opinion

    COVID-19 Shows Need For Stronger Diagnostic IP Protection

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    Despite the bad optics created by Labrador Diagnostics' suing a test manufacturer for patent infringement amid the COVID-19 crisis, robust incentives for the development of diagnostic inventions are much-needed, so Congress should enact patent reform after the crisis subsides, says Michael Harlin at Neal Gerber.

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