Delaware

  • October 23, 2020

    DaVita Inks $50M Deal To End Private Insurance Push Suit

    DaVita Inc. shareholders asked a Delaware federal judge Friday to approve a $50 million deal with the kidney dialysis company's executives that would end a derivative action accusing DaVita of facilitating an illicit scheme to push dialysis patients out of government-backed health insurance.

  • October 23, 2020

    AGs Ask Justices For Broad Autodialer View In Facebook Suit

    More than three dozen states on Friday called on the U.S. Supreme Court to broadly define an autodialer under the Telephone Consumer Protection Act to mean any device that can store and dial numbers automatically, as the justices tackle Facebook's bid to erase class claims over its security texts.

  • October 23, 2020

    Fed. Circ. Shreds Del. Judge's 'Cursory' Ax Of Data Patents

    The Federal Circuit on Friday tore into a Delaware federal judge's invalidation of more than a hundred claims of five Realtime Data LLC patents with an oral ruling, instead of a written order, saying his finding that the patents claim only abstract ideas was too thin on analysis.

  • October 23, 2020

    Lannett Drug Price-Fixing Settlement Gets Del. Judge's OK

    Lannett Company Inc. and its stockholders secured a Delaware federal court's approval late Thursday for a settlement to end a suit accusing the company of lying to investors about the pharmaceutical company's part in multi-district government price-fixing probes and litigation.

  • October 23, 2020

    Del. Justices Sink Solera's Bid For Appraisal Action Coverage

    The Delaware Supreme Court on Friday ruled that Solera Holdings Inc. cannot pursue coverage from several excess insurers for tens of millions in costs it incurred in a stockholder appraisal action challenging its buyout by Vista Equity Partners, reversing a lower court and finding that the action does not qualify as a covered "securities claim."

  • October 23, 2020

    Holiday Season Won't Save Many Retailers In Pandemic Year

    Thanks to the COVID-19 pandemic, the holiday shopping season can no longer be counted on to stave off bankruptcy oblivion for dozens of retailers, with major merchants who haven't developed a strong online presence likely to pay the ultimate price, experts told Law360.

  • October 23, 2020

    Fed. Circ. Won't Halt American Axle Case For High Court Bid

    The Federal Circuit on Friday refused to stay a controversial decision invalidating part of a car driveshaft patent for claiming a natural law while patentee American Axle & Manufacturing appeals to the U.S. Supreme Court, though one judge said she believes there's a "fair probability" the justices will reverse.

  • October 23, 2020

    Equity Owners Want To Intervene In $15B Student Loan Fight

    Owners of residual equity in a once-$15 billion fleet of student loan trusts asked to intervene late Thursday in a Chancery Court battle over oversight and collection of the trusts' loans, citing a need to protect their right to sue over allegedly "horrific" loan mismanagement.

  • October 23, 2020

    Former XFL Commish Seeks To Restart Suit Against McMahon

    Ousted XFL Commissioner Oliver Luck is asking a Connecticut federal judge to allow him to restart his $24 million breach of contract suit against the pro football league's former owner Vince McMahon, now that the league has been sold out of bankruptcy to a group led by Dwayne "The Rock" Johnson.

  • October 22, 2020

    Alphabet's Deal To Boost Diversity OK'd As Attys Seek $29M

    A California judge on Thursday preliminarily approved Alphabet Inc.'s deal to spend $310 million on diversity and inclusion initiatives to settle derivative shareholder suits accusing Google's parent of covering up sexual misconduct by ex-executives, setting the stage for investors' counsel to receive up to $29 million in fees and expenses.

  • October 22, 2020

    3rd Circ. Won't Give Shipper Redo In Misclassification Dispute

    A shipping company can't revive its lawsuit challenging New Jersey's statutory scheme for classifying workers as independent contractors or employees, after the Third Circuit found Thursday a federal judge properly tossed the case in light of proceedings at the state level.

  • October 22, 2020

    Crystallex Points To Order On Bond Case In $1.2B Award Fight

    Crystallex is pressing a Delaware federal judge to forge ahead with a sale of Citgo's parent company as other creditors of Venezuela begin to close in on the country's most valuable U.S. asset, pointing to a New York judge's order last week enforcing $1.68 billion in defaulted Venezuelan bonds.

  • October 22, 2020

    Invisalign Maker Expands Scanner Patent Fight To Texas

    The creator of Invisalign is taking its long-running patent fight against a Danish rival to Judge Alan Albright's court in the Western District of Texas, the latest move in an intellectual property and antitrust saga that is also playing out in Delaware and at the U.S. International Trade Commission.

  • October 22, 2020

    Philly Hospital Aims For Smoother Path Toward Ch. 11 Plan

    Center City Healthcare LLC told a Delaware judge Thursday that it hopes for a smoother ride throughout the rest of its Chapter 11 as it seeks to reconcile claim disputes and pursue potential liability actions on the path toward finalizing a Chapter 11 plan.

  • October 22, 2020

    Crypto Biz Founder Says Scant Facts Doom Del. Investor Suit

    An attorney for the co-founder of a cryptocurrency-enabled gambling enterprise told a Delaware vice chancellor Thursday that an aggrieved investor has no facts to back up claims that deception cost it a stake in a business spun off from the original company.

  • October 22, 2020

    Ruby Tuesday Gets 2-Month Rent Payment Deferral In Ch. 11

    A Delaware bankruptcy judge on Thursday gave Ruby Tuesday a 60-day rent payment deferral after hearing that the casual dining chain has promised its landlords a cut of a retirement plan trust fund the company is seeking to claim to pay down its debts.

  • October 21, 2020

    3rd Circ. Upholds Deportation For Sex Crime Conviction

    A Third Circuit panel on Wednesday denied a Guatemalan man's petition to avoid deportation from the United States, ruling that his conviction of a crime involving sexual abuse of a minor makes him ineligible to apply to remain in the country.

  • October 21, 2020

    Sackler Factor Could Sink Purdue's $8B Opioid Deal With DOJ

    While the $8 billion criminal and civil settlement OxyContin maker Purdue Pharma made with the federal government resolves the Chapter 11 claim from its single largest creditor, it could draw fatal opposition in bankruptcy court for failing to address the potential liability related to the Sackler family's ownership of the company.

  • October 21, 2020

    WWE Investor Sues To Probe Possible Top Brass Misdeeds

    A World Wrestling Entertainment Inc. investor filed a lawsuit Wednesday in Delaware Chancery Court seeking company records to probe potential wrongdoing by company officers, including possible insider trading and misdeeds related to a dissolved relationship with a television broadcaster in the Middle East-North Africa region.

  • October 21, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    Staffers in New Jersey Gov. Phil Murphy's office became the latest high-profile government workers to test positive for COVID-19 over the past week, just as the Garden State, New York and Connecticut added states to their joint pandemic travel advisory list.

  • October 21, 2020

    Union Funds Lose Bid To Pause Akorn's Ch. 11 Confirmation

    A group of labor union benefit funds lost their bid Wednesday to stay the order confirming biopharmaceutical firm Akorn Inc.'s Chapter 11 plan pending an appeal of a Delaware bankruptcy judge's approval of the plan.

  • October 21, 2020

    Valeant Securities Suit Was Launched On Time, 3rd Circ. Told

    Investors in Valeant Pharmaceuticals Inc. urged the Third Circuit to revive their claims that the company engaged in a price-gouging scheme that cost stockholders billions, arguing Tuesday that a lower court should have paused the time limit for them to sue. 

  • October 20, 2020

    Addiction Center Chain's Ch. 11 Reorganization OK'd In Del.

    American Addiction Centers Inc. secured confirmation in Delaware late Tuesday for a Chapter 11 plan that will reorganize rather than sell its multistate drug rehabilitation and behavioral treatment chain, with creditors gaining a larger stake in the venture.

  • October 20, 2020

    3rd Circ. Won't Give Fired Worker Damages For Disability Bias

    The Third Circuit ruled Tuesday that a former billing assistant for Premier Comp Solutions LLC can't receive damages in her disability bias suit, saying that a jury found her termination was discriminatory but would have occurred even without an illegal motive.   

  • October 20, 2020

    Hertz Gets Ch. 11 Approval For $8.2M Exec. Bonuses

    A Delaware judge on Tuesday approved The Hertz Corp.'s plan to award up to $8.2 million in executive bonuses after previously criticizing the car rental giant's prior proposal to award even more bonuses as part of its Chapter 11, saying the revised incentive plan is appropriate.

Expert Analysis

  • Key Issues In Potential High Court Fraudulent Transfer Case

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    If the U.S. Supreme Court decides to hear Deutsche Bank Trust v. Robert R. McCormick Foundation, concerning a Bankruptcy Code safe harbor provision, it would have to reconcile creditors' rights to challenge fraudulent transfers with the need for finality in securities transactions, say Justin Ellis and Lauren Dayton at MoloLamken.

  • Law Firm Tips For Attracting, Retaining Attys During Pandemic

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    Steps law firms can take to attract and keep the best lawyers amid the pandemic include diversifying expertise to meet anticipated legal demands, prioritizing firm culture, and preparing for prospective partners' pointed questions, says Brian Burlant at Major Lindsey.

  • Perspectives

    Finding A Path Forward To Regulate The Legal Industry

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    Gerald Knapton at Ropers Majeski analyzes U.S. and U.K. experiments to explore alternative business structures and independent oversight for law firms, which could lead to innovative approaches to increasing access to legal services.

  • Series

    Lawyering While Parenting: A Day In A Dad's Pandemic Life

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    Christopher Jennison shares a view of his life working from home as a Federal Aviation Administration attorney preparing to first-chair a trial while splitting child care responsibilities with his lawyer wife.

  • Fed. Circ. Ruling Is Troubling For Generic Drug Manufacturers

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    Following the Federal Circuit's recent decision that Teva Pharmaceuticals induced infringement of GlaxoSmithKline's brand name drug patent despite marketing the generic with a labeling carveout, generic drug manufacturers may face increased legal risk and higher damages, say attorneys at Parker Poe.

  • Series

    Lawyering While Parenting: A Day In A Mom's Pandemic Life

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    Josephine Bahn shares a view of her life working from home as an attorney at the Federal Deposit Insurance Corporation while splitting child care responsibilities with her lawyer husband.

  • Key Lessons From SEC Fine Over Mid-Merger Stock Buyback

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    The U.S. Securities and Exchange Commission recently fined Marathon Petroleum subsidiary Andeavor over faulty controls related to a stock buyback program it implemented during its acquisition, highlighting important takeaways for in-house legal teams about internal procedures during preliminary merger discussions, says Ethan Klingsberg at Freshfields.

  • Opinion

    Disability Claim Ruling Correctly Discredits ERISA Remand

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    A California federal court’s recent decision awarding the plaintiff’s disability claim in Tam v. Unum highlights why the extrastatutory and likely unconstitutional practice of remanding Employee Retirement Income Security Act benefit cases to insurance companies must end, says Mark DeBofsky at DeBofsky Sherman.

  • 5 Cost-Cutting Strategies For Corporate Legal Departments

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    To achieve long-term reduction in their legal expenses, companies must look beyond law firm hourly rates and better distribute their legal work among high-cost premier firms, low-cost practitioners and alternative legal service providers, and their own in-house teams, says Nathan Wenzel at SimpleLegal.

  • Series

    AGs In A Pandemic: Connors Talks Hawaii Travel Measures

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    Hawaii Attorney General Clare Connors shares how her office created a clear legal framework to assist policymakers in decisions regarding travel-related and other COVID-19 response efforts.

  • Guest Feature

    Preparing The Next Generation Of Female Trial Lawyers

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    To build the ranks of female trial attorneys, law firms must integrate them into every aspect of a case — from witness preparation to courtroom arguments — instead of relegating them to small roles, says Kalpana Srinivasan, co-managing partner at Susman Godfrey.

  • Guest Feature

    Mentorship Is Key To Fixing Drop-Off Of Women In Law

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    It falls to senior male attorneys to recognize the crisis female attorneys face as the pandemic amplifies an already unequal system and to offer their knowledge, experience and counsel to build a better future for women in law, says James Meadows at Culhane Meadows.

  • Guest Feature

    5 Ways Firms Can Avoid Female Atty Exodus During Pandemic

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    The pandemic's disproportionate impact on women presents law firms with a unique opportunity to devise innovative policies that will address the increasing home life demands female lawyers face and help retain them long after COVID-19 is over, say Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks.

  • Ill. Ruling Bolsters Trend Against No-Injury Monitoring Claims

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    The Illinois Supreme Court's recent ruling in Berry v. City of Chicago, rejecting claims for medical monitoring by plaintiffs not suffering present physical injuries, reflects a growing trend and could influence other state courts to rule similarly, say John Ewald and Matthew Bush at King & Spalding.

  • How The State And Local Regulatory Landscape Is Expanding

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    States and localities are employing creative methods to emerge as key players in regulatory enforcement traditionally dominated by the federal government, including False Claims Act investigations, unfair and deceptive acts and practices claims, and pharmaceutical sector regulation, say attorneys at Troutman Pepper.

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