Delaware

  • November 21, 2019

    3rd Circ. Won't Rethink OK'ing Seizure Of Citgo Parent Shares

    The Third Circuit will not rehear its decision allowing Crystallex International Corp. to seize shares in Citgo's parent company to enforce an arbitral award now worth more than $1.4 billion against Venezuela, according to a Thursday order.

  • November 21, 2019

    Creditors Balk At Emerge Energy's Ch. 11 Extension Bid

    Unsecured creditors of Emerge Energy Services LP told the Delaware court Thursday that the bankrupt fracking sand miner should not have extended time to get its Chapter 11 plan approved or possibly seek an alternative plan, complaining they continue to be left out of the process.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    Insys Reaches Creditor Deal For Tiered Ch. 11 Recoveries

    Bankrupt opioid maker Insys Therapeutics Inc. told a Delaware bankruptcy judge Thursday that negotiations over the past week had resulted in a deal with its creditors on a Chapter 11 plan that will provide tiered recoveries to claimants in different classes.

  • November 21, 2019

    3rd Circ. Nixes Ex-Atty's New Trial Bid Over Billing Scam

    The Third Circuit on Thursday shot down a disbarred immigration attorney’s bid for a new trial on charges of bilking two multinational companies out of hundreds of thousands of dollars for advertising services that were never provided, saying his purportedly newly discovered evidence would not likely lead to an acquittal.

  • November 21, 2019

    Symantec Investor Wants Records On Audit Probe

    A Symantec Corp. investor has filed suit in Delaware Chancery Court seeking the cybersecurity giant's records of an internal audit investigation launched after a former employee raised accounting concerns.

  • November 21, 2019

    Bumble Bee Foods Hits Ch. 11 With $925M Bid In Hand

    Canned seafood producer Bumble Bee Foods LLC hit Chapter 11 Thursday afternoon in Delaware with a deal to sell its assets for $925 million and blaming its financial troubles on the fallout from a price-fixing scheme that led to criminal fines and civil lawsuits.

  • November 21, 2019

    NY Ride-Hailing Co. Secures $1M In Ch. 11 Financing

    Bankrupt ride-hailing service Juno USA LP received permission Thursday from a Delaware judge to access $1 million in post-petition financing as it pursues a wind-down of its American operations.

  • November 20, 2019

    Harvest Health Walks Away From $225M Financing Deal

    Arizona-based cannabis giant Harvest Health & Recreation said Wednesday that it has walked away from a $225 million financing deal and scaled back plans to acquire cannabis licenses in several states.

  • November 20, 2019

    Zimmer Must Face Pa. Woman's Faulty Hip Implant Claims

    The Third Circuit has reversed the dismissal of a suit against Zimmer US Inc. over a woman's allegedly defective hip implant, saying it's up to a jury to decide whether she filed her claims too late.

  • November 20, 2019

    Avenue Stores Lender Backs Converting Case To Chapter 7

    A lender to insolvent retail chain Avenue Stores Inc. told a Delaware court Wednesday the company's bankruptcy case should be converted to a Chapter 7, saying the move would expose what it said were baseless claims against it by Avenue Stores' unsecured creditors.

  • November 20, 2019

    3rd Circ. Rejects FCC's Rehearing Bid In Media Rules Case

    The Third Circuit on Wednesday rejected the Federal Communications Commission’s request to rehear a court order requiring the agency to rework some of its media ownership rules.

  • November 20, 2019

    Woodbridge Ch. 11 Trustee OK'd For Shapiro Prison Interview

    A Delaware bankruptcy judge on Wednesday approved efforts to conduct an in-prison interview of convicted $1.3 billion Ponzi-scheme architect Robert Shapiro by a liquidating trustee pursuing assets for the estate of Shapiro's plundered Woodbridge Group of Cos.

  • November 20, 2019

    Restaurant.com CEO Hit With Suit Over 'Self-Interested' Acts

    Two investors in dining deals website Restaurant.com filed a derivative suit Wednesday in Delaware Chancery Court alleging the company’s CEO has engaged in "self-interested" dealings and unjustly enriched himself amid financial struggle that has led to the company being shopped at an undervalued price.

  • November 20, 2019

    Auto Insurer Med Exam Requirement Not OK, Pa. Justices Say

    Auto insurer requirements that policyholders undergo potentially unlimited medical exams by company-selected physicians to preserve their benefits have no place in Pennsylvania, the state's Supreme Court said Wednesday.

  • November 20, 2019

    FTD Seeks Court Approval For Pension Plan Settlement

    Flower and gift retailer FTD Cos. Inc. is asking a Delaware bankruptcy court to approve a settlement with the federal Pension Benefit Guaranty Corp. to resolve nearly $1.8 million in alleged retirement benefits liability.

  • November 19, 2019

    Investors Say Conflicts Bar Toss Of Tech Co. Merger Suit

    Multiple conflicts, disclosure failures and alleged voter coercion undercut security software company Intersections Inc.'s claims that business judgment deference justifies dismissal of a suit challenging a $3.86 per share, go-private merger in 2018, an attorney for public stockholders told a Delaware vice chancellor Tuesday.

  • November 19, 2019

    'Cooler Heads' Needed In Document Row, Chancellor Says

    A records suit filed by an exchange-traded fund's ousted CEO, who was tagged as being "dispatched from the devil" by the current CEO, should be settled by the parties, the Delaware chancellor urged Tuesday.

  • November 19, 2019

    Sens. Prod Zuckerberg: Why Keep Tracking User Locations?

    A bipartisan pair of U.S. senators asked Facebook chief Mark Zuckerberg on Tuesday to explain why the social media giant apparently continues tracking users' mobile locations even after they switch off the tracking function on the site's cellphone app.

  • November 19, 2019

    NY Ride-Hailing Co. Files For Ch. 11, Shuts Down Operations

    New York-based ride-hailing company Juno USA LP filed for Chapter 11 protection Tuesday, less than 24 hours after it shut down its operations and blamed new, burdensome regulations imposed by New York City for its financial troubles.

  • November 19, 2019

    Grid Policy Shuts Out Offshore Wind Lines, FERC Told

    A power line developer on Monday told the Federal Energy Regulatory Commission that regional grid operator PJM Interconnection wrongly bars transmission projects serving planned Atlantic offshore wind farms from hooking up with the grid and could stymie the ambitious clean energy goals of coastal states.

  • November 19, 2019

    Full Fed. Circ. Won't Look At Patents For Withholding Meds

    The Federal Circuit on Tuesday said it won’t reconsider its decision to invalidate five Mallinckrodt patents covering a treatment that calls for withholding the respiratory drug Inomax from certain people. 

  • November 19, 2019

    True Health Ch. 11 Plan Draws Feds' Fire Over CMS Claims

    The Justice Department objected late Monday to True Health Group LLC's Chapter 11 plan, claiming it's missing details about how to handle reimbursing the Centers for Medicare & Medicaid Services if the debtor loses its Chapter 11 suit challenging federal reimbursement holdbacks in a fraudulent billing suit.

  • November 19, 2019

    Drive Shaft Ruling Undermines IP Eligibility, Fed. Circ. Told

    The Federal Circuit failed to explain what natural law underlies an American Axle & Manufacturing automobile drive shaft technology patent before invalidating it, and it dangerously altered patent eligibility standards, AAM said in a bid for rehearing.

  • November 18, 2019

    Barclays Pelted Cellphones With Robocalls, Consumers Say

    Fed up with unsolicited, intrusive "robocalls," a Texas woman rang up a proposed nationwide class suit in Delaware federal court Monday, accusing Barclays Bank and an alleged contractor of violating a federal consumer law and seeking a $500 sanction per violation as well as triple damages.

Expert Analysis

  • Secured Creditor Duties Ripe For High Court Consideration

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    If certiorari is granted in the Seventh Circuit's Chicago v. Fulton case, the U.S. Supreme Court will have the opportunity to resolve the growing circuit split over the Bankruptcy Code’s automatic stay on creditors concerning turnover of a debtor’s impounded vehicle, say Alexandra Dugan and Elizabeth Brusa of Bradley Arant.

  • Fed. Circ. Ruling May Affect Eligibility Of Life Sciences Patents

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    In view of the Federal Circuit's recent decision in American Axle v. Neapco and the turbulent state of Section 101 case law generally, to increase their odds of patent eligibility, applicants in the pharmaceutical, biotech and medical industries should claim their inventions at various levels of detail, say David Ludwig and Ted Mathias of Axinn.

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Highland Filing Shows Benefits Of Ch. 11 For Hedge Funds

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    Highland Capital Management's Chapter 11 filing last month illustrates how a bankruptcy filing can provide additional advantages when investors are not a hedge fund’s only creditors, as in the aftermath of fraud allegations or market dislocations, say attorneys at Cleary. 

  • High Court Hears DACA: Procedure, Practicalities, Predictions

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    At oral argument last week, the U.S. Supreme Court justices seemed likely to rule that the Trump administration had sufficient reasons to rescind the Deferred Action for Childhood Arrivals program, which would leave the lives of DACA recipients and their families in limbo, says Jaclyn Kelley-Widmer at Cornell Law School.

  • How Increased Stays Pending IPR May Affect Venue Choice

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    A little over one year after the U.S. Supreme Court’s decision in SAS Institute v. Iancu, data show a 5% increase in district court-granted stays of litigation pending inter partes review, and the grant rate disparities may influence new patent filings toward certain venues and defendants facing patent infringement claims toward others, say attorneys at Armond Wilson.

  • 4 Months After Kisor V. Wilkie, Auer Deference Survives

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    Recent federal appellate and district court rulings suggest that the predicted radical curtailing of Auer deference in the wake of the U.S. Supreme Court's decision in Kisor v. Wilkie has not come to fruition, say Jeffrey Karp and Edward Mahaffey at Sullivan & Worcester.

  • Can State Laws One-Up SEC’s Regulation Best Interest?

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    Because the U.S. Securities and Exchange Commission has punted on whether Regulation Best Interest will preempt state broker-dealer conduct standards, state laws may face challenges under the doctrines of conflict preemption, as well as limitations from the federal securities laws, say attorneys at Williams & Jensen.

  • FERC Orders Advance Grid Operators' Energy Storage Plans

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    The Federal Energy Regulatory Commission recently approved two regional transmission organizations' energy storage proposals. But full integration of storage resources into the wholesale market will be complex — and ongoing litigation could force FERC to change its approach, say attorneys at Greenberg Traurig.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Federal Laws Continue To Hinder State Sports Betting Trend

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    Even as Colorado last week joined a growing wave of states legalizing sports betting, federal laws designed to assist states in gambling enforcement remain a roadblock to commonsense legislation and state cooperation in this area, says Dennis Ehling of Blank Rome.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • State Net

    States' Vaping Bans Face Legal Hurdles

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    With a still-developing outbreak of lung injuries linked to vaping, and e-cigarette bans in some states already blocked by courts, regulatory maneuvering over this issue is likely to be a major policy concern in the months to come, says Dave Royse of State Net Capitol Journal.

  • Developments In State Taxation Of Nonadmitted Insurance

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    Not all states have updated their direct insurance procurement tax laws to take full advantage of the Nonadmitted and Reinsurance Reform Act, diminishing their ability to tax some insurance transactions, as highlighted by the New Jersey Tax Court's recent decision in Johnson & Johnson v. Director, Division of Taxation, say Zachary Lerner and Stephen Anastasia of Locke Lord.

  • Pipeline Projects Face New Questions On Landowner Rights

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    The tension between the rights of landowners and pipeline developers has come to a head in two federal appellate courts and a Federal Energy Regulatory Commission announcement, muddling the historical clarity of Natural Gas Act eminent domain authority, say attorneys at K&L Gates.