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Delaware

  • March 21, 2019

    Chancery Threatens Charter's Contractor With Arrests

    In a rare fire-and-brimstone ruling, a Delaware vice chancellor found the top officer of a cloud services contractor to Charter Communications Operating LLC in contempt late Thursday and gave the business until Monday to restore Charter’s access to a crucial sales force pay platform or face the prospect of court-ordered arrests.

  • March 21, 2019

    Investor Wants Civitas Records To Probe $1.4B Sale

    A pension fund that invested in Civitas Solutions filed a complaint in Delaware Chancery Court on Thursday seeking access to records related to the health company’s $1.4 billion sale, saying the deal was seemingly inadequate and served as a needed quick cash-out for the company’s controlling private equity fund.

  • March 21, 2019

    JV Members Can't Rewrite Contract They Didn't Read

    Two members of a group of California real estate investment ventures lost their bid to have the ventures’ operating contracts rewritten Wednesday in Delaware Chancery Court when a judge ruled that not reading the contracts doesn’t entitle the members to have agreed-upon provisions negated.

  • March 21, 2019

    Rejected J&J Job Seeker Must Arbitrate Claim, 3rd Circ. Told

    A Johnson & Johnson unit on Thursday urged the Third Circuit to toss a would-be employee's proposed class claims that he was unfairly denied a job due to an erroneous criminal background check, arguing that his agreement to arbitrate claims with a temporary employment staffing agency extended to the pharmaceutical company.

  • March 21, 2019

    Investor Wants Medley Capital Merger Vote To Proceed

    A Medley Capital Corp. investor filed a proposed class action Wednesday seeking to have the Delaware Chancery Court bar further delay of a stockholder vote on a proposed merger with Sierra Income Corp., even though the court ruled last week a vote can't be held until more information is disclosed.

  • March 20, 2019

    Tesla Investor Wants Records On Handling Of Musk's Tweets

    An investor filed a complaint Wednesday in Delaware Chancery Court seeking access to records detailing Tesla Inc.’s handling of CEO Elon Musk's "false and misleading statements" including his Twitter posts.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    $283M NCI Sale Not Motivated By Retirement, Chancery Says

    Investor claims that advanced age and retirement concerns motivated NCI Inc.’s controlling stockholder and founder to cash out through an allegedly unfair and inadequate $283 million go-private sale don’t “hold water,” Delaware’s chancellor said Wednesday in dismissing a challenge of the transaction.

  • March 20, 2019

    Supermajority Vote Kills $1.4B Fintech Deal Suit, Directors Say

    The directors of high-frequency trading firm KCG Holdings Inc. told a Delaware Chancery judge Wednesday that claims they violated their duties to investors by approving a $1.4 billion merger were cleansed by subjecting the deal to a supermajority vote of uninterested stockholders.

  • March 20, 2019

    J&J Talc Supplier's Ex-Owners Ask For Ch. 11 Shield

    The former owners of bankrupt Johnson & Johnson talc supplier Imerys Talc America Inc. asked a Delaware bankruptcy judge Wednesday to extend to them the protections of the automatic stay granted to the debtor in Chapter 11 cases so a dispute over insurance policy proceeds can be resolved.

  • March 20, 2019

    Chancery Rejects Minority Bid To Unseat Quantlab Founder

    A Delaware vice chancellor ruled Tuesday that insurgent minority members of a partnership that controls high-speed trading firm Quantlab Financial LLC cannot unseat the company's founder, ending a bitter fight for control of the billion-dollar business — for now.

  • March 20, 2019

    Fed. Circ. Upholds SRI's Patents But Slashes $57M Trial Win

    The Federal Circuit on Wednesday affirmed that two of SRI International Inc.’s cybersecurity patents hold up under the U.S. Supreme Court’s Alice test, but cut Cisco Systems Inc.’s $57 million bill for infringing them back down to $24 million.

  • March 20, 2019

    Retailer Brookstone Gets Approval, Praise For Ch. 11 Plan

    Despite dismal early bankruptcy prospects, retailer Brookstone secured confirmation in Delaware on Wednesday for a Chapter 11 liquidation plan that provided recoveries for unsecured creditors and kept alive some jobs and stores, drawing praise from a judge and stakeholders alike.

  • March 20, 2019

    Insurance-Focused Blank Check Co. Scores $131M IPO

    Insurance-focused blank check company Insurance Acquisition Corp. made its market debut Wednesday, one day after pricing shares in a $131 million initial public offering guided by Ledgewood PC.

  • March 20, 2019

    Sailors' Supreme Court Win Buoys Hopes For Tort Victims

    The U.S. Supreme Court handed a victory to sailors who claim they developed mesothelioma in a decision that potentially broadens the liability of manufacturers of so-called bare metal products to which other companies later added asbestos.

  • March 20, 2019

    Full Fed. Circ. Won't Review IV's Network Patent Suit

    The Federal Circuit won’t reconsider its decision to uphold a lower court's invalidation of several network technology patents owned by Intellectual Ventures, despite the company's pleas that the case could be used to provide needed clarity on the U.S. Supreme Court’s Alice decision.

  • March 19, 2019

    J&J Talc Supplier Tort Claimants Fight Insurance Fund Bid

    The official committee of tort claimants in Johnson & Johnson talc supplier Imerys Talc America Inc.'s Chapter 11 told the Delaware bankruptcy court Tuesday that Imerys' former owners aren't entitled to access insurance proceeds.

  • March 19, 2019

    BCBS Providers Cite Anthem Contradictions In Del. Trial

    Health care provider class attorneys on Tuesday alerted an Alabama federal judge to recent Anthem Corp. testimony in Delaware that they say contradicts Blue Cross Blue Shield Association denials that the group’s rules, including nationwide limits on member revenues from “non-Blue” businesses, are anticompetitive.

  • March 19, 2019

    ‘In A Timely Manner’: Three Decades Of Judgeship Bills

    Partisanship has played a large role in the small passage rate of new judgeship bills since 1990. New judgeships create new vacancies, and neither party wants to give the other the upper hand.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • 4 Key Issues In Rent-A-Center Case And A $127M Question

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    The Delaware Chancery Court's decision last week in Vintage v. Rent-A-Center is a stark reminder that courts will enforce the terms of a merger agreement as written. The issue to watch is whether Rent-A-Center will be entitled to the reverse termination fee, say attorneys at Cleary Gottlieb Steen & Hamilton LLP.

  • The Post-Cyan­ Spike In State Securities Act Filings

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    One year ago, the U.S. Supreme Court, in Cyan Inc. v. Beaver County Employees Retirement Fund, upheld concurrent state and federal jurisdiction over Securities Act class actions. Predictions that plaintiffs would inundate state courts with such claims now appear to be coming true, say James Goldfarb and Gaurav Talwar of Murphy & McGonigle PC.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • State Net

    Federal, State And Local Governments Vie For Control Of 5G

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    The next generation of wireless technology, 5G, could bring major advancements in everything from entertainment to public safety. But federal, state and local governments are at odds over how 5G should be deployed and who should regulate it, says Korey Clark of State Net Capitol Journal.

  • 3rd Circ. FDCPA Opinion A Rude Awakening For Debt Buyers

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    Federal courts may look to the Third Circuit's recent opinion in Barbato v. Greystone Alliance — which sidestepped the U.S. Supreme Court’s 2017 holding in Henson v. Santander Consumer — as the leading analysis of whether debt purchasers are subject to the Fair Debt Collection Practices Act, say Melanie Brody and Francis Doorley of Mayer Brown LLP.