Delaware

  • February 14, 2020

    Six Teams Seek Chancery Lead For $1.2B Kraft Heinz Suit

    At least six legal teams are battling for the lead counsel banner in a consolidated Chancery Court derivative suit targeting an alleged $1.2 billion insider share trade in 2018 by an insider of The Kraft Heinz Co. just ahead of stock-crushing bad news.

  • February 14, 2020

    Trump Admin. Says Illegal Structure Shouldn't Doom CFPB

    The Trump administration is supporting a U.S. Supreme Court challenge to the structure of the Consumer Financial Protection Bureau, but told justices Friday that the California law firm that brought the case is going too far by calling for the whole agency to be scrapped.

  • February 14, 2020

    Guatemalans Seeking Asylum Avoid Deportation At 3rd Circ.

    A Guatemalan man and his 7-year-old daughter were spared deportation to Mexico under a policy that sends asylum-seekers south of the border while the government processes their cases, with the Third Circuit saying the migrants' claims had to be decided "now or never."

  • February 14, 2020

    Ex-Wanu Water CEO's Conspiracy Suit Tossed In Chancery

    A Delaware vice chancellor on Friday tossed a lawsuit by the founder and ex-CEO of nutrition-infused water startup Wanu Water, saying he failed to show enough evidence to support assertions that a former director engaged in a "conspiracy" to plot his ouster through a defamatory smear campaign.

  • February 14, 2020

    Melinta's Ch 11. Consolidation Is 'Unjustified,' Objectors Say

    Bankrupt antibiotics maker Melinta Therapeutics Inc. received two objections Friday to its proposed Chapter 11 plan that seeks to substantively consolidate its various entities' debts for distributions to creditors, a move derided by a significant creditor and the U.S. trustee as unjustified.

  • February 14, 2020

    Insys Execs Owe $57M To Insurers And Victims, Judge Rules

    Seven former Insys Therapeutics Inc. executives convicted of bribing doctors to prescribe opioids were ordered by a federal judge Friday to pay nearly $57 million in restitution to insurance companies and individual victims impacted by the scheme, less than one-fifth of what prosecutors sought.

  • February 14, 2020

    E-Biz Players Pinning Hopes On 3rd Circ. Amazon Ruling

    Digital marketplaces are hoping the full Third Circuit will rule that Amazon Inc. can’t be held liable for a defective product it didn't manufacture, a case experts say could stunt an industry undergoing exponential growth if it doesn't go in favor of the online retail giant.

  • February 14, 2020

    Baker Hughes Stock Suit Has 'No Basis In Fact,' GE Says

    General Electric Co. on Thursday sought to end a proposed securities class action it faces in Delaware Chancery Court, saying the investors have no reason to claim that GE used deceptive financial statements to strong-arm energy company Baker Hughes Inc. into merging with it.

  • February 14, 2020

    Fortis Loses 2nd Bid For $425M Post-Merger Drug Payout

    A group of Shire U.S. Holdings merger partner stockholders has lost a second bid for $425 million in post-merger drug development payments after the Delaware Chancery Court found that dismissal of an earlier suit for the same award blocked rights to demand additional information from Shire.

  • February 14, 2020

    Zest Soap Maker Strikes Creditor Deal On Ch. 11 Loan

    The bankrupt maker of Zest soap and other personal hygiene and beauty products told a Delaware judge Friday that it had reached an agreement with its creditors to gain final approval of a $40 million Chapter 11 loan.

  • February 14, 2020

    Schrader Hit With $31M Verdict Over Tire Tech IP

    A Delaware federal jury ruled Friday that automotive parts manufacturer Schrader International Inc. must pay roughly $31 million for indirect infringement of the patented tire pressure monitoring technology of two Swiss companies.

  • February 13, 2020

    Chancery Drops Suit Over Biopharma Firm's Cholesterol Drug

    A Delaware vice chancellor on Thursday tossed a derivative suit against biopharmaceutical company Esperion Therapeutics Inc. that alleged its officers purposely misled the public about the prospects of a cholesterol-lowering drug in development, ruling the suit had a fatal procedural flaw.

  • February 13, 2020

    Philly Refinery Sues Insurers Over $1.25B Payout For Ch. 11

    Philadelphia refinery owner PES Holdings sued 22 insurers and policy underwriters late Wednesday for full payment of $1.25 billion in business interruption policy benefits described as essential to its newly confirmed Delaware Chapter 11, accusing the insurers of unjustly resisting the payout.

  • February 13, 2020

    Zohar Gets Time To Probe Dura Docs Despite Tilton's Protest

    A Delaware bankruptcy judge on Thursday gave the Zohar funds more time to review documents in car parts manufacturer Dura Automotive's Chapter 11 to consider potential claims against certain stakeholders, including lenders affiliated with founder Lynn Tilton.

  • February 13, 2020

    Apple Looks To Ditch Patent Suit Over 'Centuries Old' Idea

    Apple Inc. has asked out of a suit accusing it of using pilfered tech to manage its email application, telling a Delaware federal judge that the process described by the patent it is said to be infringing is actually an idea that is "centuries old."

  • February 13, 2020

    3rd Circ. Denies Class Arbitration In Statoil Royalty Feud

    The Third Circuit on Thursday shot down claims from a pair of landowners in a dispute with a subsidiary of the former Statoil ASA that their gas leases with the company mandated classwide instead of bilateral arbitration in a dispute over alleged unpaid royalties.

  • February 13, 2020

    RentPath Gets OK To Tap $27M In Ch. 11 Financing

    RentPath Holdings Inc. cleared first-step hurdles Thursday for the debt-burdened rental property marketer's proposed Chapter 11 sale to its largest competitor, securing interim Delaware bankruptcy court approval for the first $27 million of a $74.1 million debtor-in-possession loan.

  • February 12, 2020

    Philly Refinery Ch. 11 Plan Gets OK After $25M Creditor Deal

    Philadelphia Energy Solutions LLC received court approval Wednesday in Delaware for a Chapter 11 plan centered on a $252 million sale of its sprawling refinery after reaching a last-minute deal with unsecured creditors and union workers that will make $25 million in cash available for distribution.

  • February 12, 2020

    Air Charter Co. Execs Can't Slip Fraud Convictions At 3rd Circ.

    The Third Circuit has upheld two charter airline executives' convictions for stealing millions in passenger payments by lying and falsifying documents, saying Wednesday that documents found after trial — previously thought destroyed — would not have changed the outcome.

  • February 12, 2020

    Doctor's Own Testimony Voids Trial Win Over Patient Death

    A Delaware judge ordered a new trial Wednesday in a suit accusing a doctor of causing a patient's death by misdiagnosing him with the flu, saying the doctor’s counsel elicited improper trial testimony from the doctor himself.

  • February 12, 2020

    Creditors Say Lucky's Market Sale Process Is Unfair

    Unsecured creditors told the Delaware bankruptcy court Wednesday that proposed sale procedures in the Chapter 11 of organic food store chain Lucky's Market include unfair provisions that will discourage competitive bidding and create an uneven playing field in favor of stalking horse bidders.

  • February 12, 2020

    Akorn Poised For Ch. 11 Sale Following Failed $4.3B Merger

    Akorn Inc. said Wednesday it plans to sell all of its assets, potentially seeking Chapter 11 protection, to address litigation costs that have mounted in the wake of the generic-drug maker's failed $4.3 billion merger with Fresenius Kabi AG in 2018.

  • February 12, 2020

    Habit Burger Stockholder Sues Over $375M Yum Brands Buy

    A shareholder has sued The Habit Burger Grill following a recent announcement that Yum Brands will buy the fast-casual restaurant chain for $375 million, saying the transaction should be halted because Habit omitted material information in a U.S. Securities and Exchange Commission filing.

  • February 12, 2020

    21 AGs Oppose DHS Rule Barring Asylum Seekers At Border

    Twenty states and the District of Columbia urged the Ninth Circuit Tuesday to uphold a lower court decision temporarily barring the Trump administration from blocking entry of non-Mexican asylum seekers caught in that country when new restrictions took effect for in-transit, “third country” immigrants.

  • February 12, 2020

    Amgen Sues Pfizer, Hospira As Neulasta Patent Feud Widens

    Pfizer Inc. and Hospira Inc. infringed an Amgen Inc. patent when seeking to get its biosimilar of Amgen's blockbuster anti-infection medicine Neulasta on the market before the patent expired, the biologic maker told a Delaware federal court.

Expert Analysis

  • Universities Shouldn't Roll Dice On Sports Betting Compliance

    Author Photo

    As states across the U.S. legalize sports betting, universities must be willing to amend their compliance programs to protect their institutions, student-athletes, athletic conferences and the integrity of games, say attorneys at Cadwalader.

  • Opinion

    Legal Prediction Is Demanding But Not Impossible

    Author Photo

    The New Jersey Supreme Court’s recent decision in Balducci v. Cige incorrectly concluded that predicting the length and cost of a case is nearly impossible, and overlooked artificial intelligence's ability to do so, says Joseph Avery with Claudius Legal Intelligence.

  • Ruling On FERC’s Tolling Orders Could Slow Pipelines

    Author Photo

    If the D.C. Circuit reins in the Federal Energy Regulatory Commission’s use of tolling orders — which delay court challenges to FERC directives — landowners might be gratified, but interstate pipeline construction projects could face added delays, says Richard Drom of Eckert Seamans.

  • FERC Issues For Natural Gas Cos. To Watch In 2020

    Author Photo

    The Federal Energy Regulatory Commission's use of tolling orders, its position on eminent domain authority and its makeup after the presidential election could have a big impact on participants in interstate natural gas pipeline and liquefied natural gas projects this year, say attorneys at K&L Gates.

  • Malpractice Landscape Is Becoming Riskier For BigLaw

    Author Photo

    A recent survey of lawyers’ professional liability insurers revealed an increase in malpractice claims against law firms, suggesting clients will demand more accountability in the coming decade, say Gerald Klein and Amy Nguyen at Klein & Wilson.

  • Series

    Judging A Book: Humetewa Reviews 'Guilty People'

    Author Photo

    In her new book, "Guilty People," Abbe Smith successfully conveys that seeing ourselves in people who commit crime may be the first step to exacting change in our justice system, says U.S. District Judge Diane Humetewa of the District of Arizona.

  • 7 Legal And Business Considerations For Influencer Marketing

    Author Photo

    Influencers, agencies, brands and their technology partners should formalize their marketing programs, policies and contract terms in order to comply with increased state and federal regulation, say Vejay Lalla and Shizuka Tiernan of Fenwick.

  • Federal-State Employment Law Divide Reveals Systemic Flaw

    Author Photo

    The current lack of synchrony between federal and state employment laws suggests a flaw in the system that is testing the limits of our democracy, says Hollie Reiminger at Fisher Phillips.

  • Del. M&A Ruling Shows High Bar For Determining Controllers

    Author Photo

    The Delaware Chancery Court recently rejected a stockholder challenge to the merger of Essendant and Staples, demonstrating that the court will consider a minority stockholder as a controller only when it actually exercises control over a company's business affairs, say attorneys at Fried Frank.

  • Getting State Approvals For Energy Storage Siting

    Author Photo

    Many state laws are still ambiguous about regulatory oversight of energy storage facility siting, so energy storage developers should consider proactively engaging with state regulators to determine whether they will assert jurisdiction, says Andy Flavin of Troutman Sanders.

  • Series

    Why I Became A Lawyer: Following A Serendipitous Path

    Author Photo

    I went to law school intending to pursue a career in politics, inspired by Ted Sorensen and Gary Hart — but learning to solve problems in a new and exciting way drew me to litigation, says David Goodman of Goodman Law Group Chicago.

  • 7 Ethics Questions To Ask Before Marketing Your Law Firm

    Author Photo

    While ethics rules for attorney advertising vary by state and are frequently updated, there are several basic principles that all firms should understand, says Michelle King at Reputation Ink.

  • Product Liability Defense In The Last Decade — And The Next

    Author Photo

    For product liability defense attorneys, the last decade saw the development of generic drug preemption and the growth of multidistrict litigation — while the decade to come promises further expansion of preemption and a growing focus on health and sustainability, say Lori Cohen and Sara Thompson of Greenberg Traurig.

  • Texas Verdict Could Be Bellwether For Trade Secrets Litigation

    Author Photo

    The recent Texas state verdict that Title Source misappropriated proprietary data from former collaborator HouseCanary underscores the rise of trade secrets lawsuits along with growing settlements and jury awards, says Ashley Baker of the Committee for Justice.

  • Opinion

    Most Lawyers Do Not Understand How AI Works

    Author Photo

    Clearview AI's problematic attempt to defend its facial recognition and artificial intelligence technology provides a potent case study in potential pitfalls for lawyers working on AI issues, say Albert Fox Cahn and John Veiszlemlein at the Urban Justice Center's Surveillance Technology Oversight Project.