Delaware

  • September 23, 2019

    Class Atty Claims Cover-Up In $1.4B Fresh Market Sale

    Independent directors of The Fresh Market "got into a very messy situation and then covered it up" with the company's $1.4 billion take-private sale to Apollo Global Capital in 2015, a stockholder attorney argued Monday during an eight-way Delaware Chancery Court dismissal battle.

  • September 23, 2019

    Chancery Declines To Wrap Up Reynolds Tobacco Costs Fight

    The Delaware chancellor declined Monday to immediately decide whether ITG Brands must front $93 million in tobacco settlement costs that R.J. Reynolds owes the state of Florida after ITG bought certain Reynolds cigarette brands for $7.1 billion, finding the acquisition deal can reasonably be interpreted in different ways.

  • September 23, 2019

    Fed. Circ. Won't Widen Stay Of L'Oreal Injunction In $50M Suit

    The Federal Circuit on Monday shot down L'Oreal USA Inc.’s request to suspend more of a district court’s order that had blocked the cosmetics giant from making and selling hair color products at the center of a $50 million patent infringement case brought by Olaplex LLC.

  • September 23, 2019

    Ex-Skadden Atty Tries To Block TransPerfect Bill Request

    A former Skadden Arps Slate Meagher & Flom LLP attorney accused of overbilling document management company TransPerfect Global Inc. told a Nevada state court on Monday that the company's discovery request for billing records violated a fee petition process imposed by a Delaware court.

  • September 23, 2019

    Court OKs $50M Philly Hospital Sale To Tower Health, Drexel

    A $50 million offer from a joint venture of Tower Health and Drexel University to buy St. Christopher's Hospital for Children in Philadelphia from bankrupt operator Center City Healthcare LLC received court approval Monday in Delaware bankruptcy court.

  • September 23, 2019

    3rd Circ. Says Atty Must Prove NSA Illegally Read His Emails

    The Third Circuit on Monday pressed a civil liberties attorney to prove he has standing to challenge the government electronic communications surveillance program outed by former intelligence contractor Edward Snowden, reasoning that the lawyer hasn't shown that his own emails were intercepted.

  • September 23, 2019

    9th Circ. Asks Del. Justices To Clarify State Disclosure Law

    The Ninth Circuit has asked the Delaware Supreme Court to decide whether a limited-partner agreement under Delaware law required a financial-services newsletter author to disclose to an investor that the author's hedge fund had only two investors, saying it's an unresolved "purely state-law issue" that implicates important Delaware policy considerations.

  • September 23, 2019

    Bridgegate Figure Seeks Ireland Trip Amid High Court Review

    One of the two former public officials ensnared in the so-called Bridgegate political revenge scandal is seeking a New Jersey federal judge's blessing to travel to Ireland amid a pending U.S. Supreme Court review of their convictions, citing the need to rebuild his life.

  • September 23, 2019

    3rd Circ. Halts FCC's Plan To Deregulate Media Ownership

    The Third Circuit on Monday ordered the Federal Communications Commission to wholly redo and better justify any changes to its media ownership rules, making sure that they are not at the expense of women and minorities seeking to gain a foothold in the industry.

  • September 20, 2019

    Del. AG Sues To Dissolve 15 Crime-Tied Biz Entities

    Delaware Attorney General Kathy Jennings filed six Chancery Court actions late Thursday aimed at dissolving 15 Delaware-chartered business entities based on their ties to a range of criminal enterprises varying from drug distribution networks to politically connected white collar criminals and a longtime African strongman.

  • September 20, 2019

    Challenge To Musk's $55B Pay Package Beats Dismissal Bid

    Delaware's Chancery Court on Friday allowed a proposed class of Tesla Inc. stockholders to go forward with most of their challenge to the approval of a 10-year compensation plan for CEO Elon Musk that's worth up to $55 billion.

  • September 20, 2019

    Bancorp, Execs Settle SEC Record-Keeping Claims For $1.5M

    The U.S. Securities and Exchange Commission announced Friday it has settled claims against bank holding company The Bancorp Inc. and two of its executive officers for $1.5 million, stemming from the company’s alleged failure to keep proper records in connection with its commercial loan portfolio.

  • September 20, 2019

    Tower Health, Drexel To Buy Bankrupt Hospital For $50M

    Hospital operator Tower Health and Drexel University announced Friday that they have agreed to buy Philadelphia's St. Christopher's Hospital for Children from bankrupt Center City Healthcare for $50 million.

  • September 20, 2019

    House Lawmakers Pitch Bill To Switch Up Bankruptcy Venues

    A bipartisan group of House lawmakers has introduced a bill that aims to end New York and Delaware’s long-standing dominance as bankruptcy hubs by forcing companies to file their restructurings where they conduct most of their business, after a nearly identical measure died last year in the Senate.

  • September 20, 2019

    Elk Petroleum Reaches Ch. 11 Deal With Equityholders

    Elk Petroleum Inc. told the Delaware bankruptcy court Friday it has hashed out a deal as to how assets will be divvied up among its affiliated entities to resolve a challenge to its Chapter 11 waged by preferred equity holders during a long hearing that got off to a tense start.

  • September 20, 2019

    Insurer Can't Duck Allegation It Delayed Handling Injury Claim

    An insurance company must face claims that it took too long to process a workplace injury claim for a construction worker who subsequently died of unrelated causes, but the compensatory damages it may be liable for are limited to interest payments, a Delaware state court has determined.

  • September 20, 2019

    Chinese Creditors Try To Force Rail Car Co. Into Ch. 7 In Del.

    Chinese creditors of North Carolina-based Vertex Railcar Corp. have asked a Delaware bankruptcy court to force the troubled rail car builder into a Chapter 7 liquidation, claiming they’re owed roughly $45 million.

  • September 20, 2019

    Icahn Pushes Chancery For Lower Bar In Proxy Docs Fights

    Holdings of hedge fund giant Carl Icahn argued in Delaware's Chancery Court on Friday that less restrictive tests should apply to investor document demands in support of proxy fights, as battling widens over the price Occidental Petroleum Corp. paid in its $55 billion purchase of Anadarko Petroleum Corp. last month.

  • September 20, 2019

    States Launch Challenge To Trump Auto Emissions Policy

    California and 22 other states sued the Trump administration in D.C. federal court Friday over its elimination of the Golden State's right to create its own greenhouse gas emission standards for cars and other vehicles, the opening salvo in what will be a long and bitter legal fight.

  • September 19, 2019

    Brookfield Unfairly Seized Power In TerraForm, Investor Says

    Brookfield Asset Management unfairly gained too much power in renewable energy business TerraForm Power through a $650 million private placement, an investor told the Delaware Chancery Court on Thursday.

  • September 19, 2019

    Candy Co.'s DIP Loan Approved Amid Creditors' Cash Worries

    Candy chain Lolli & Pops Inc.’s parent company received Delaware bankruptcy court approval Thursday for a $7 million debtor-in-possession financing package as creditors continue to raise concerns that there may not be enough money to pay administrative costs in the Chapter 11.

  • September 19, 2019

    Del. Justices Nix Energy Co.'s $28M Interest Award Appeal

    A wind and solar company that saw its claimed $1 contract debt balloon to $126 million as the result of a wronged investor's appeal lost a bid Thursday to invalidate most of a nearly $28 million interest charge on the total.

  • September 19, 2019

    Suboxone Maker's 'Gross Manipulation' Prompts $3M Fee Bid

    Goodwin-backed Dr. Reddy’s Laboratories has asked a Delaware federal judge for more than $3 million in attorney fees after beating Indivior’s patent infringement suit over the opioid addiction treatment Suboxone, saying the company took a hopeless case to trial and undermined the litigation by filing a similar suit in New Jersey.

  • September 19, 2019

    Purdue Files Ch. 11 Suit Seeking Stay Of Opioid Litigation

    Bankrupt drugmaker Purdue Pharma LP filed an adversary complaint late Wednesday in New York court seeking a stay of the pending litigation brought by various states, Native American tribes and individuals who did not agree to a settlement framework reached before the company filed for bankruptcy.

  • September 19, 2019

    Medical Device Co. Escapes Sabotage Suit Against Subsidiary

    A Delaware vice chancellor on Wednesday dismissed Balt International SAS from a suit alleging it and its U.S. subsidiary tried to depress potential revenue for Neurvana Medical LLC by dragging its feet on obtaining regulatory approvals for a medical device purchased from Neurvana.

Expert Analysis

  • Series

    Pursuing Wellness: Steps Toward A Supportive Firm Culture

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    As an early advocate of the American Bar Association's year-old well-being pledge, we launched an integrated program to create and sustain a supportive workplace culture with initiatives focused on raising mental health awareness, embracing creativity and giving back to the community, says Casey Ryan at Reed Smith.

  • Series

    Pursuing Wellness: Mental Health Education As A Firm Priority

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    Our firm drives a holistic concept of well-being through educational opportunities, such as a series of expert-led workshops intended to address mental health and substance abuse issues that we vowed to fight when we signed the American Bar Association's well-being pledge one year ago, says Krista Logelin at Morgan Lewis.

  • State Net

    Comparing States' Preparations For An Economic Downturn

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    Statistics indicate that many states have learned lessons from the Great Recession, and are better prepared for the next recession. Those that are not setting aside money to see them through the inevitable fiscal crisis would be wise to start saving for a rainy day, says Lou Cannon of State Net Capitol Journal.

  • Series

    Pursuing Wellness: A Firm's Work With Mental Health Experts

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    Signing the American Bar Association's well-being pledge last year was a natural progression of our firm's commitment to employee wellness, which has included developing partnerships with professionals in the mental health space to provide customized programming to firm attorneys and staff, say Annette Sciallo and Mark Goldberg at Latham.

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • State Net

    How Online Wagers Are Shaping States' Sports Betting Regs

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    Just over a year after the U.S. Supreme Court legalized sports betting nationwide, the industry is seeing an explosion of activity online, but the influence of entrenched gambling interests means that some states are only allowing bets to be placed in person at casinos and racetracks, says Dave Royse of State Net Capitol Journal.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • FDCPA Takeaways From 3rd Circ. QR Code Opinion

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    The Third Circuit's decision in DiNaples v. MRS BPO that a debt collection letter with a QR code on the envelope violated the Fair Debt Collection Practices Act may seem straightforward, but the opinion sheds light on how two common FDCPA defense tools remain somewhat viable, say Jason Tompkins and Jonathan Hoffmann at Balch & Bingham.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Evolving No-Poach Landscape Requires A Vigilant Eye

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    As class actions challenging no-poach agreements are pending against multiple franchise organizations and the applicable analytical standard for analyzing such provisions hangs in the balance, it's a good time to review the current framework, say Bob Buchanan and Stefano Sharma at Choate.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • NJ Ruling Does Not Bode Well For 'Stranger' Life Policies

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    Since the height of stranger-originated life insurance policies over a decade ago, states have not provided much guidance on the legality of existing policies. However, the New Jersey Supreme Court's recent decision in Sun Life v. Wells Fargo finding such policies invalid could influence other states to follow suit, say attorneys at Cozen O'Connor.

  • State Net

    Ransomware Poses Tough Choices For State, Local Gov'ts

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    This year, more than 70 state and local governments have been targeted by ransomware attacks. Despite a flood of legislation aimed at the problem, many state and local government information technology leaders still lack the funding and cybersecurity talent they need, says Korey Clark of State Net Capitol Journal.