Delaware

  • March 28, 2024

    3rd Circ. Says Missing Dates Can DQ Pa. Mail-In Votes

    A split Third Circuit panel ruled late Wednesday that Pennsylvania mail-in ballots returned with missing or incorrect dates on their outer envelope can be discarded, with the majority finding a Civil Rights Act prohibition on disqualifying voters based on "immaterial" paperwork errors applied only to voter registration, not the act of voting itself.

  • March 28, 2024

    Chancery Dismisses Carvana Shareholders' Stock Offer Suit

    Delaware's Court of Chancery has dismissed a derivative suit from stockholders of online used car retailer Carvana who sued the company's founders over a $600 million direct stock offering, finding that a two-person special litigation committee that the company created to investigate the matter had done its job properly.

  • March 28, 2024

    Ex-Paralegal's Jobless Pay Ruling Correct, Del. Justices Told

    Delaware opposes a former Morris James LLP paralegal's bid for the state's Supreme Court to revive his attempt to collect a year's worth of unemployment benefits, arguing a lower court correctly upheld denial of pay after he settled whistleblower claims against the firm.

  • March 28, 2024

    Another Senate Dem Comes Out Against 3rd Circ. Nominee

    A third Senate Democrat, Jacky Rosen of Nevada, has come out against Third Circuit nominee Adeel Mangi, who would be the first Muslim federal appellate judge if confirmed, thus putting his nomination in further peril.

  • March 28, 2024

    Bankman-Fried Gets 25 Years For 'Very Bad Bet' Of FTX Fraud

    FTX founder Sam Bankman-Fried was sentenced Thursday to 25 years in prison for stealing more than $11 billion from customers, investors and lenders of his now-collapsed cryptocurrency empire, with a Manhattan federal judge saying the infamous risk-taker "made a very bad bet about the likelihood of getting caught."

  • March 27, 2024

    Hunter Biden Judge Doubts Tax Charges Politically Motivated

    A California federal judge Wednesday appeared unpersuaded by Hunter Biden's claim that the special counsel's decision to file criminal tax charges after a plea deal collapsed was motivated by pressure from Republican lawmakers, remarking that "there really is no evidence to support that contention."

  • March 27, 2024

    DOJ, SEC Looking At Chemours After Internal Accounting Probe

    The Chemours Co. said on Wednesday that the U.S. Securities and Exchange Commission and the U.S. Department of Justice have launched a probe into the chemical company after an internal review revealed that former executives engaged in unethical accounting practices.

  • March 27, 2024

    Backers Of Trump-Tied SPAC Sue To Confirm Manager Purge

    Investors behind the sponsor of the special-purpose acquisition company that took Donald Trump's Truth Social public sued its managing member, seeking a declaration from the Delaware Chancery Court that they have validly removed him from his post and that he has no authority to act on their behalf.

  • March 27, 2024

    Yellow Corp. Pension Fund Liability To Be Decided In Ch. 11

    A Delaware bankruptcy judge on Wednesday denied the Pension Benefit Guaranty Corp.'s bid to take a dispute with Yellow Corp. over $7.8 billion in retirement fund withdrawal liability claims to arbitration, finding the dispute would be best resolved through the trucking firm's Chapter 11 claims allowance process.

  • March 27, 2024

    COVID Prompted Equity Plan Edit, Raytheon Tells Chancery

    Raytheon Technologies Corp. amended employee compensation plans in early 2020 to mitigate "head-spinning unprecedented volatility" from the COVID-19 pandemic, and a shareholder's allegations that directors acted in bad faith by failing to seek stockholder approval should be dismissed, the aerospace company told Delaware's Court of Chancery on Wednesday.

  • March 27, 2024

    Chancery Sides With Cannabis Company On Legal Fees Row

    A Delaware Court of Chancery judge at a Wednesday hearing gave Left Coast Ventures Inc. time to fulfill a court order requiring it to cover legal fees for three former directors of the cannabis company defending a merger-related suit, after a company attorney told the judge the money will be coming.

  • March 26, 2024

    SPAC 'Frenzy' Led To $1.6B Deal For Dog Treat Co., Suit Says

    Shareholders of a special-purpose acquisition company that merged with dog-treat box company BarkBox in a $1.6 billion deal have sued the executives and directors of both entities, alleging they breached their fiduciary duties in connection with what the complaint calls "an extreme example of the 'churn-and-burn' SPAC frenzy."

  • March 26, 2024

    FTX Says Millions In Ch. 11 Token Claims Should Be Zeroed

    Cryptocurrency exchange FTX Trading Ltd. argued in court Tuesday that a Delaware bankruptcy judge should estimate the claims of customers holding some digital tokens at a heavy discount for Chapter 11 purposes, including zeroing out hundreds of millions of dollars in token value.

  • March 26, 2024

    SPAC Investors Misled In $1.35B Stem Deal, Del. Suit Says

    A former stockholder of a blank-check company that merged with intelligent energy storage business Stem Inc. filed a proposed class action in Delaware's Court of Chancery Tuesday, alleging breaches of fiduciary duty and unjust enrichment in connection with the April 2021 merger.

  • March 26, 2024

    3rd Circ. Says EMS Transport Without Consent Is Med Mal

    A patient who was transported to a Pennsylvania hospital against his will was effectively making a medical malpractice claim against the emergency medical services technicians and needed to file a "certificate of merit" to back up such a claim, a split Third Circuit panel ruled Tuesday.

  • March 26, 2024

    Sony Ducks $500M PlayStation Patent Suit In Del.

    A Delaware federal court has sided with Sony in a $500 million patent infringement suit brought by Genuine Enabling Technology LLC over PlayStation consoles, marking a close to the case.

  • March 26, 2024

    Pot Co. Withholding Fees Despite Court Order, Chancery Told

    Three former directors of Left Coast Ventures Inc. say the cannabis company still hasn't advanced their legal defense fees for a merger-related lawsuit despite a court order to do so, and are now seeking help from Delaware's Court of Chancery to get the bills paid.

  • March 25, 2024

    Rivian's Brass Sued In Del. Over Vehicle Pricing Whiplash

    A shareholder of California-headquartered electric vehicle manufacturer Rivian Automotive Inc. has filed a derivative suit against the company's top brass in Delaware's Court of Chancery, alleging they made false and misleading statements concerning Rivian's financial model, including about production costs and pricing for its EV pickup truck and SUV.

  • March 25, 2024

    J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs

    Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.

  • March 25, 2024

    3rd Circ. Says NJ City Can't Stop Sale Of Failed Project's Sites

    The Third Circuit tossed a New Jersey city's challenge of a bankruptcy court ruling that allowed the two local properties of a failed affordable housing project to be sold to a third party, according to an unpublished opinion Monday.

  • March 25, 2024

    Del. Justices Undo Toss Of Brookfield-TerraForm Merger Suit

    Delaware's Supreme Court on Monday reversed the dismissal of a suit from former shareholders of TerraForm Power Inc. who challenged a squeeze-out merger by Brookfield Asset Management Inc., concluding a proxy statement failed to fully disclose alleged conflicts of interest involving special advisers Morgan Stanley & Co LLC and Kirkland & Ellis LLP.

  • March 25, 2024

    FTX Reaches Deals For $884M In Ch. 11 AI Biz Stock Sales

    Bankrupt cryptocurrency exchange FTX Trading Ltd. informed a Delaware court that it has reached agreements with two dozen purchasers for sales of the debtor's holdings in artificial intelligence company Anthropic PBC worth $884.1 million.

  • March 25, 2024

    X Can't Boot Severance Suit To Arbitration, Ex-Worker Says

    A former employee told a Delaware federal court that X Corp. can't derail a suit alleging it owes $500 million for skimping on severance pay after Elon Musk took over and fired thousands of workers, saying X breached the pact it's trying to use to force arbitration.

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Catching Up With Delaware's Chancery Court

    Last week in Delaware's Court of Chancery, litigants battled as Truth Social went public, Carl Icahn and Tripadvisor hit a roadblock, and more shareholders wailed about "invasive" bylaws. Oil drilling and pharmaceutical mergers sparked new lawsuits, and a sewing machine trademark owner sued to end a contract.

Expert Analysis

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Despite Fears, American Axle Is Rarely Used To Nix Patents

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    When the Federal Circuit decided American Axle v. Neapco, invalidating claims as being directed to ineligible subject matter under Section 101, practitioners feared the decision would affect the eligibility and validity of mechanical patents under the section, a fear that recent research shows hasn't been borne out, say Ryan Schermerhorn, Christopher Zahn and Daniela Dulworth at Marshall Gerstein.

  • Del. Ruling May Signal New Era Of Board Accountability

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    The Delaware Supreme Court's recent ruling in Coster v. UIP unifies the Schnell, Unocal and Blasius standards and requires boards to prove the reasonableness of their actions that affect stockholder votes, which will likely make it more difficult for boards to interfere with contested director elections, say attorneys at Debevoise.

  • What Courts' Deference Preference Can Mean For Sentencing

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    The Fifth Circuit’s recent U.S. v. Vargas decision deepens the split among federal appeals courts on the level of deference afforded to commentary in the U.S. sentencing guidelines — an issue that has major real-life ramifications for defendants, and is likely bound for the U.S. Supreme Court, say Jennifer Freel and Michael Murtha at Jackson Walker.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How A Union Fight Played A Key Role In Yellow's Bankruptcy

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    Finger-pointing between company and union representatives appears to be front and center at the early stages of trucking company Yellow’s bankruptcy case, highlighting the failed contract negotiations' role in the company's demise, says George Singer at Holland & Hart.

  • What To Watch As Justices Take Up Title VII Job Transfer Case

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    With its recent decision to hear Muldrow v. City of St. Louis, the U.S. Supreme Court has agreed to decide whether an involuntary job transfer can count as employment discrimination under Title VII — an eventual ruling that has potential to reshape workplace bias claims nationwide, says Adam Grogan at Bell Law Group.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • What Patent Bills Would Mean For Infringement Litigation

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    Attorneys at Farella Braun summarize a pair of recently introduced patent bills — one that would reform patent eligibility and another that would change procedures for litigating patent invalidity — and explore the potential impact of each.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • 6 Joint-Inventorship Lessons From Fed. Circ.'s Hormel Ruling

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    The recent Federal Circuit ruling in HIP v. Hormel, finding that David Howard of HIP was not a joint inventor of a Hormel patent, offers patent litigation and application tips, like discussing any work performed under a joint research agreement and assigning invention ownership rights to a specific entity, say attorneys at BCLP.

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