Delaware

  • January 27, 2022

    IP Forecast: S&P To Fight Claims Its TM Suit Came Too Late

    S&P Global will ask a Delaware federal judge next week to keep alive parts of its trademark suit against a call service center named S&P Data, in the face of claims that lawyers for the market ratings giant knew about the name of the smaller business for years before suing. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • January 27, 2022

    Judge Says $6.1B Energy Deal Fight Can Proceed, This Time

    A Delaware federal magistrate judge on Thursday recommended that revamped federal claims alleging shareholders were led astray about the $6.1 billion sale of renewable power company Pattern Energy should proceed, saying the investors adequately backed up their claims this time around.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Genworth Policyholders Ask Chancery For $1.55B Escrow

    A group of policyholders who allege that Genworth Financial Inc. sabotaged the value of their long-term care policies through fraudulent asset transfers has asked the insurance company to set aside $1.55 billion for damages they are seeking in a Delaware Chancery Court class action.

  • January 27, 2022

    Pediatricians Urge 3rd Circ. To Uphold School Mask Mandates

    The Pennsylvania chapter of the American Academy of Pediatrics urged the Third Circuit to allow mask mandates for children attending a Pittsburgh-area school district, saying such rules help protect children who may be more vulnerable to COVID-19.

  • January 27, 2022

    Former Refinery Owner Reaches Deal In Ch. 11 Insurance Row

    The former owner of a Philadelphia oil refinery that suffered a catastrophic explosion in 2019 has reached a deal to resolve a dispute with insurers over coverage for the property damage sustained in the blast and ensuing fire.

  • January 27, 2022

    SymBiosis Claims Biotech Firm's Fraud Led To Its Investment

    An interest of venture capital fund SymBiosis Capital Management LLC has sued in Delaware Chancery Court to reclaim its multimillion-dollar share of a $75.5 million investment round conducted by Platelet Biogenesis Inc., accusing the biotech business of inducing the deal through fraud.

  • January 27, 2022

    Fed. Court Should've Dropped NJ Cable Fight, 3rd Circ. Told

    The New Jersey Board of Public Utilities told the Third Circuit on Thursday that a federal court should have stepped away from the regulator's battle with cable company Altice USA Inc. over customer billing, but stayed in the fight after misapplying the test for determining when abstention is appropriate.

  • January 27, 2022

    All Pa. Counties Join $26B Opioid Deal Over DAs' Objections

    All 67 Pennsylvania counties have signed on to a $26 billion, multistate settlement with three distributors and one manufacturer of opioid drugs, the state's attorney general's office announced Thursday, despite the district attorneys of its two largest counties opposing the deal.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Disclosures Head Off Injunction, Heat Up Merger Battle In Del.

    Shareholders who sought a Delaware Chancery Court preliminary injunction to block a looming vote on a merger of Fiduciary/Claymore Energy Infrastructure Fund with a similar business have pulled the request after new disclosures, while saying action to recover "staggering" fund losses tied to alleged mismanagement will move forward.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Del. Bankruptcy Ruling Sparks Rethink On Student Loan Debt

    A recent ruling from a Delaware bankruptcy judge that eliminated a debtor's near $100,000 student loan debt has energized consumer bankruptcy attorneys who say it pulls a harshly interpreted standard for "undue hardship" back to its origins and could pave the way for wider student debt relief.

  • January 26, 2022

    Del. Court Tosses Challenge To $13B Noble-Chevron Merger

    A Delaware court on Wednesday tossed out a lawsuit challenging Noble Energy Corp.'s $13 billion merger with Chevron Corp. in 2020, dismissing arguments from investors that they should have been informed about a potential partial sale offer made years earlier.

  • January 26, 2022

    FedEx Investor Urges Del. Justices To Reverse Chancery Toss

    A FedEx Corp. stockholder who sued the company's board for failure to respond to illegal cigarette shipments tried to convince Delaware's Supreme Court Wednesday to reverse the dismissal of her case, saying the Chancery Court erred by repeatedly giving benefit of the doubt to the company instead of shareholders.

  • January 26, 2022

    Meet The Possible Nominees For Justice Breyer's Seat

    President Joe Biden has promised to nominate the first-ever Black woman to the nation's highest court. Here we look at the contenders for Justice Stephen Breyer's seat, including one notable front-runner.

  • January 26, 2022

    Let Plaintiffs Outside Pa. Into FedEx Wage Suit, 3rd Circ. Told

    Former FedEx security specialists urged the Third Circuit to undo a Pennsylvania federal court's exclusion of claims by out-of-state plaintiffs in a collective wage action alleging overtime pay violations, arguing Wednesday that the ruling undermines the streamlined litigation mechanism of federal labor law.

  • January 26, 2022

    Dominion Says Carter Page Defamation Ruling No Help To Fox

    Dominion Voting Systems has urged Delaware's Supreme Court to reject a Fox News Network bid for a midcase appeal of a lower court's refusal to dismiss a $1.6 billion Dominion defamation suit, disputing Fox's reliance on the recent dismissal of another politically charged defamation case.

  • January 26, 2022

    PTAB Says 2 Peloton Patents Aren't Any Good

    A Peloton rival has convinced a Patent Trial and Appeal Board panel to rule that two Peloton patents that tried to claim a method of streaming exercise classes were no good, because they had only jammed together ideas from older home exercise patents.

  • January 26, 2022

    Law Firms Seek $18.3M For $238M Deal To End 737 Max Suit

    Lieff Cabraser Heimann & Bernstein LLP and Friedlander & Gorris PA have told the Delaware Chancery Court that they are seeking roughly $18.3 million in connection with a proposed $237.5 million deal to end a shareholder derivative suit alleging that Boeing failed to adequately oversee development of 737 Max jets.

  • January 26, 2022

    'Just Do Your Job': Justice Breyer's Legacy Of Pragmatism

    With the coming retirement of Justice Stephen Breyer, the U.S. Supreme Court loses not only a core member of its liberal bloc, but also a judicial thinker who cares deeply about making the law work on a practical level, those who worked with him said.

  • January 26, 2022

    3rd Circ. Urged To Use Newer 'Occurrence' Insurance Ruling

    A Pennsylvania construction company urged the Third Circuit to rule that Berkley Specialty Insurance Co. must cover a judgment a couple won in a lawsuit claiming faulty roof work, arguing Wednesday that a lower court ignored case law that expanded the definition of coverable damage.

  • January 26, 2022

    5 Breyer Opinions You Need To Know

    Justice Stephen Breyer, who was confirmed Wednesday to be stepping down from the court after 27 years, was a pragmatist who thought about the real-world implications of the high court’s decisions. Here, Law360 looks at some of the cases that epitomize his career.

Expert Analysis

  • And Now A Word From The Panel: 2021 MDLs In Review

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    The most notable trend in multidistrict litigation in 2021 was a 25% decrease in the number of new petitions for MDL proceedings — but a deeper dive into the numbers suggests that, on the whole, MDLs are thriving, and continuing to have a major impact, says Alan Rothman at Sidley.

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The New Antitrust Agenda's Impact On Energy And Chemicals

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    The Biden administration's antitrust enforcers have already left their mark on the energy and chemicals industries, with longer and more frequent investigations, lower standards for second requests on mergers, and a wider range of concerns in merger reviews, say attorneys at V&E.

  • Corporate Boards Need Not Fear 7th Circ. Boeing Decision

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    The Seventh Circuit’s recent decision in Seafarers Pension Plan v. Bradway, over Boeing shareholders' rights to bring federal derivative suits over the 737 Max aircraft, may encourage creative Securities Exchange Act claims to avoid exclusive forum provisions, but boards of Delaware corporations still have tools to avoid duplicative litigation, say attorneys at Skadden.

  • Make-Whole Claim Lessons From Hertz Bankruptcy Ruling

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    After the Delaware bankruptcy court's recent decision in Wells Fargo v. Hertz, courts may continue to hear the assertion that early payoff premiums constitute unmatured interest, which could shape best practices in formulating make-whole clauses to avoid such arguments, say attorneys at Mayer Brown.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • Key Contract Lessons In Del. Justices' Hotel Deal Ruling

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    The Delaware Supreme Court recently ruled in AB Stabile v. MAPS Hotels that a Chinese financial conglomerate breached a hotel sale agreement's standard ordinary course covenant, providing significant insight on the meaning and application of these contracts, and the need for consent on material changes prior to closing, say attorneys at Quinn Emanuel.

  • When Fair Notice Precludes Punitive Damages

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    The ongoing pandemic has done little to slow the continued proliferation of novel theories of tort liability, but even when courts approve, the U.S. Constitution's requirement of fair notice may prohibit punitive damages, says Mitchell Morris at Butler Snow.

  • Evaluating Director Protections After Del. Bankruptcy Ruling

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    The Delaware Bankruptcy Court's recent decision in Friedman v. Wellspring Capital, outlining the conditions under which an alleged duty of loyalty breach can survive a motion to dismiss, may undermine corporate decision makers' ability to negotiate for what are customary and necessary protections as they manage distressed entity transactions, say attorneys at Ropes & Gray.

  • M&A Ruling Illustrates Limits Of Disclaiming Fraud In Del.

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    The Delaware Chancery Court's recent ruling in Fortis Advisors v. Johnson & Johnson shows that parties negotiating M&A transactions should be mindful that extracontractual fraud claims may only be eliminated through explicit anti-reliance provisions, say attorneys at Troutman Pepper.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • Opinion

    Del. High Court Gets It Right With Opioid Nuisance Ruling

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    In ACE v. Rite Aid, the Delaware Supreme Court has issued a groundbreaking insurance ruling that helps define the fundamental bargain at the heart of commercial insurance coverage and demonstrates why such coverage does not extend to public nuisance claims, says Adam Fleischer at BatesCarey.

  • Anticipate Another Busy Year Of M&A Activity

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    M&A action is likely to continue at a hectic pace this year, with 24/7 remote work practices, regulatory covenant litigation, and acquisitions of supply chain actors all showing no signs of slowing down, says Ethan Klingsberg at Freshfields.

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