Delaware

  • June 29, 2022

    3rd Circ. Rules Workers Wrongly Punished Over BLM Masks

    The Third Circuit on Wednesday upheld a ruling that kept a Pittsburgh-area transit agency from enforcing its ban on employees wearing face masks that said "Black Lives Matter," agreeing with a lower court that the prohibition violated workers' First Amendment rights.

  • June 28, 2022

    Water Rights Holders File $68M Ch. 11 Suit Against Alto Maipo

    A Chilean organization that manages water rights near the site of a hydroelectric dam has filed a $68 million adversary suit in the Delaware bankruptcy case of the dam's developer, Alto Maipo, alleging that equipment tests by the debtor lowered water levels and deprived the owners of water access.

  • June 28, 2022

    State AGs Press FDA To Cut Toxic Metals In Baby Food

    Attorneys general from 22 states have urged the U.S. Food and Drug Administration to step up efforts to eliminate toxic metals in baby food, chiding the agency for missing an April deadline to propose limits for lead.

  • June 28, 2022

    Fraudulent Transfer Claim Survives In Alchemy Ch. 7 Suit

    A Delaware bankruptcy judge has rejected Anderson Media Corp.'s bid to dismiss a fraudulent transfer claim in litigation brought by the Chapter 7 trustee of defunct film and television show distributor Alchemy in the wake of a 2015 deal between the companies but tossed the suit's breach of fiduciary duty claims.

  • June 28, 2022

    Chancery Urged To Consider Firms' Bid To Lead Ionis Suit

    An Ionis Pharmaceuticals Inc. investor is urging a Delaware vice chancellor to consider his bid to consolidate two suits and have his counsel lead litigation filed over allegedly excessive company director pay, arguing that the request should be considered even though a settlement is already pending in one of the suits.

  • June 28, 2022

    Investor Sues Auto Insurer Over Customer Recruitment Costs

    Directors and executives of auto insurance startup Root Inc. have been hit with a derivative investor suit in Delaware federal court alleging they misled shareholders about how much money the company spends acquiring new customers and caused the company's stock price to plummet.

  • June 28, 2022

    3rd Circ. Casts Doubtful Eye On Auto Glass Co. In PPG IP Row

    A Chinese automobile glass company that allegedly ripped off PPG Industries' aircraft windshield trade secrets appeared to have a difficult time convincing the Third Circuit on Tuesday that, despite its decision to participate in the lawsuit only after being slapped with a default judgment, PPG isn't entitled to $26 million in damages.

  • June 27, 2022

    Regal Ordered To Pay Rent Despite COVID Theater Closures

    A Delaware state judge on Monday ruled that Regal Entertainment Group must pay $5.5 million in unpaid rent and other charges stemming from leases with Simon Property Group, finding that the pandemic doesn't excuse Regal from its rent payment obligations under the leases.

  • June 27, 2022

    Chancery Nixes Aerojet CEO's Bid For Neutral Counsel

    Aerojet Rocketdyne Holdings Inc.'s board chairman will preside over an upcoming meeting where shareholders will vote for directors, the Delaware Chancery Court ruled Monday, rejecting a bid from the chair's rival, the company's CEO, for neutral counsel to conduct the meeting.

  • June 27, 2022

    3rd Circ. Urged To Allow Ammo Maker's Tort Claims

    Ammunitions broker Battle Born Munitions Inc. asked the Third Circuit to overturn a lower court's finding that it can't bring tort claims against its vendor Dick's Sporting Goods Inc., saying that Dick's knew it would not accept delivery of store-branded bullets when it said it would.

  • June 27, 2022

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court drew a step closer last week to filling an empty seat on the bench, a debt maven fought for control of a cosmetics company, and new cases came in involving cryptocurrency, building products, business software, and of course, private equity. Here's your weekly roundup of news from Delaware's Chancery Court.

  • June 27, 2022

    Bankrupt Texas Power Plant Gets $144M Asset Sale Approved

    A West Texas electricity producer won a Delaware bankruptcy court's approval Monday to sell its 330-megawatt wholesale electricity power plant assets for $144.75 million — $53.5 million more than the buyer first offered when the plant declared bankruptcy in April.

  • June 27, 2022

    Google Fights App Users' Class Cert. Bid In Antitrust Row

    A month after announcing a settlement to resolve app developers' antitrust claims, Google wants to escape allegations that its policies inflate the cost of apps on its Play Store, accusing a group of consumers seeking class certification of "misconstruing evidence and brushing aside competitive realities."

  • June 27, 2022

    Ex-Temple Biz Dean Appeals Rankings Fraud Case At 3rd Circ.

    The former dean of the Fox School of Business at Temple University has asked the Third Circuit to throw out his conviction on charges that he falsely inflated the school's stats to boost its ranking in U.S. News & World Report, arguing that students still got a good education in exchange for their tuition.

  • June 27, 2022

    Car Rental Co. Sued Over Blocked Insurance Payments

    An investor in a company that allows car owners to rent out their vehicles for ride-sharing services wants to inspect the company's books and records in Delaware Chancery Court, to investigate whether it suppressed insurance claim payments through a claims adjuster founded by the rental company's CEO.

  • June 27, 2022

    Frontier Urges Spirit Investors To Approve $6.6B Merger

    Frontier Airlines Inc. published an open letter to Spirit Airlines investors Monday, urging them to approve the $6.6 billion merger between the two companies at a special shareholder meeting this week and reject the "opportunistic" bid from JetBlue for Spirit.

  • June 24, 2022

    RL Polk Investors Gain Partial Cert. In Buyback Suit

    Delaware's Chancery Court has certified a limited plaintiff class in a suit brought by former shareholders accusing the leaders of R.L. Polk & Co. Inc. of duping them into selling their shares ahead of a lucrative $1.4 billion merger, but the court denied certification to a proposed defendant class.

  • June 24, 2022

    Delaware Chancery Orders UpHealth To Delay Annual Meeting

    Delaware's Court of Chancery on Friday ordered digital health company UpHealth Inc. to postpone its June 28 annual stockholder meeting, finding that the board's recent changes to quorum requirements were made with intent to interfere with a majority of stockholders' rights.

  • June 24, 2022

    Dr. Reddy's Gets $72M In Generic Suboxone Settlement

    Indivior, Aquestive and Dr. Reddy's Laboratories have ended their yearslong litigation battle over generic versions of the opioid addiction treatment Suboxone, with the Indian drugmaker on Friday saying it will receive $72 million by April 2024.

  • June 24, 2022

    Lender Sues Texas Developer Over Stalled Multifamily Project

    Mortgage lender Galaxy LLC on Friday lodged a suit in Delaware against Texas development firm Guefen Co. and several of its affiliates for failing to follow through on a contract to build a multimillion-dollar luxury multifamily development in Austin, Texas.

  • June 24, 2022

    Roe Reversal Leaves States To Make Own Abortion Rules

    State and local lawmakers now have new powers to outlaw abortions and punish those who seek or perform the procedure under Friday's U.S. Supreme Court decision that overturned abortion as a constitutional right.

  • June 24, 2022

    EB-5 Venture Founder Ordered To Pay $2.4M To His Company

    The Delaware Chancery Court on Friday ordered the founder of a "visas-for-investment" venture to pay nearly $2.4 million to his company, saying he breached his duties to act in the company's best interest when he made improper money transfers.

  • June 24, 2022

    Cornerstone Shareholder Seeks Docs For CD&R's $5.8B Buy

    A shareholder of North Carolina-based exterior building products manufacturer Cornerstone Building Brands Inc. sued the company for records about its planned $5.8 billion merger with Clayton Dubilier & Rice LLC, asserting that the private equity firm may have manipulated the company into accepting an unfair deal.

  • June 24, 2022

    Electric Car Co. CEO's Stock 'Mega Grant' Challenged In Del.

    A Mullen Automotive Inc. stockholder has launched a proposed Delaware Chancery Court class challenge to a potential multi-step "mega-grant" of the auto and electric car company's equity to its chairman, president and CEO.

  • June 24, 2022

    PayPal Patent Trial Pushed Over 'Flawed' Expert

    A Federal Circuit judge currently overseeing a patent dispute against PayPal in Delaware federal court said he would have to postpone an upcoming jury trial after throwing out "flawed" testimony that left the patent business "with essentially no damages case."

Expert Analysis

  • NYC Office Tower Ch. 11 Shines Light On Blocking Provisions

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    PMW Management's Chapter 11 filing, which recently received extra time to submit a restructuring plan, highlights courts' increasing skepticism of bankruptcy blocking provisions and favoritism toward leaving bankruptcy restructuring plans in the hands of the debtor, say Jeff Marwil and Ashley Weringa at Proskauer.

  • What's At Stake In Justices' FCA Qui Tam Dismissal Review

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    The Supreme Court's decision next term in U.S. v. Executive Health Resources could hold that the government cannot dismiss a qui tam action in which it initially declined intervention, which would mean the government must expend more resources vetting False Claims Act cases and give relators free rein as prosecutors of their cases, say attorneys at Ropes & Gray.

  • Beware Arbitration Clauses That May Bar Inter Partes Review

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    Recent decisions show that the Federal Circuit and district courts are moving toward recognizing that standard arbitration clauses can bar inter partes review at the Patent Trial and Appeal Board, a new landscape that will require careful consideration for parties negotiating patent-related contracts, say attorneys at Ropes & Gray.

  • Opinion

    Now's The Time To Address Archaic Law School Curricula

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    With law school enrollments jumping significantly ahead of a potential recession and more students graduating than the market can absorb, law schools should turn to creative solutions to teach students how to negotiate, work with clients, specialize and use technology to practice their craft more efficiently, says University of Colorado adjunct professor Jason Mendelson.

  • State Natural Resource Damages Suits: What Cos. Must Know

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    With numerous states currently following New Jersey's lead in stepping up litigation seeking natural resource damages, defendants face unique challenges, and must consider unique approaches to case management to limit liability, says Matthew Conley at Archer.

  • Lessons From Lawyer Fee-Sharing Agreements Gone Wrong

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    The recent fee-sharing dispute between Edelson and Girardi Keese is a reminder that lawyers who do not strictly follow the applicable rules may risk a disciplinary complaint, lose their share of the fee, or wind up in costly litigation with co-counsel, says David Grossbaum at Hinshaw.

  • LeClairRyan Bankruptcy Highlights Pass-Through Tax Issue

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    A Virginia bankruptcy court's recent ruling in the case of defunct law firm LeClairRyan shows there may be serious tax consequences for pass-through entity partners who give up their ownership interest without following operating agreement exit provisions and updating bankruptcy court filings, say Edward Schnitzer and Hannah Travaglini at Montgomery McCracken.

  • Circuits' Remand Of State Climate Suits May Mean Big Liability

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    Federal circuit courts across the nation have recently affirmed that state and local governments can sue energy companies in state courts over harms attributed to climate change — and if the U.S. Supreme Court does not step in, the energy sector could soon face a deluge of liability claims, says Todd Thacker at Goldberg Segalla.

  • 8 Steps To Creating A Legal Ops Technology Road Map

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    Legal departments struggling to find and implement the right technologies for their operations should consider creating a road map that summarizes their approach to technology changes, provides clearly defined metrics for success, and serves as the single source of truth for stakeholders, says Melanie Shafer at SimpleLegal.

  • Latest SPAC Trends Point To Risk Of Negative Outcomes

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    Interest in initial public offerings of special purpose acquisition companies has reached its apex, and in the second half of this year we anticipate sustained levels of SPAC shareholder redemptions, increased liquidations for those unable to consummate an initial business combination and increased litigation risk, say attorneys at The Brattle Group.

  • Parsing Chancery's Novel Director Liability Ruling In Garfield

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    The Delaware Chancery Court's cautious acceptance of a novel director liability theory in Allen v. Garfield, that a board's failure to act on a problem identified in a litigation demand letter may constitute a breach of fiduciary duty, shows that a kitchen sink approach to defending against fiduciary claims may not be optimal, say attorneys at Fried Frank.

  • The Importance Of Data And Data Analysis In Litigation

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    Understanding, analyzing and effectively presenting large data sets is an increasingly important skill in litigation as it allows plaintiffs to dramatically scale up the scope of cases and is often critical to defeating motions to dismiss and motions for summary judgment, says David Burnett at Motley Rice.

  • 2 New Defenses To Federal Shareholder Derivative Claims

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    Increasingly, plaintiffs are bringing Securities Exchange Act claims in derivative suits because they perceive these claims to have advantages compared to traditional fiduciary duty claims, but there are several reasons why plaintiffs are wrong and the flawed assumptions underlying these claims should be tested in court, say Brian Lutz and Michael Kahn at Gibson Dunn.

  • Turnover Provision Ruling Is Warning For Junior Creditors

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    The recent Third Circuit decision in CoFund v. Hitachi serves as a useful reminder to junior and senior creditors as to how their dealings in an intercreditor arrangement may play out following a debtor's bankruptcy, and provides insight into the consequences a junior creditor may face after breaching a turnover provision, say attorneys at Cadwalader.

  • Steps Companies Can Take To Mitigate Privilege Labeling Risk

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    Although Google prevailed on a recent privilege labeling sanctions motion, an important takeaway from the decision is that companies should assess their in-house procedures and employee training programs regarding privileged communications to mitigate risks of the potential appearance of bad faith privilege claims, say Gareth Evans at Redgrave and e-discovery attorney James Hertsch.

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