Delaware

  • June 21, 2021

    Paragon Trust Says It Wouldn't Owe Any Ch. 11 Trustee Fees

    The litigation trust created under the Chapter 11 plan of oil services company Paragon Offshore told a Delaware bankruptcy judge Monday that state law there prohibits the debtor from clawing back distributions to the trust to satisfy fees potentially owed to the federal bankruptcy watchdog.

  • June 21, 2021

    Tilton-Zohar Fight Over Stila Cosmetics Returned To Chancery

    Business turnaround entrepreneur Lynn Tilton suffered a setback Monday in her Chancery Court fight to keep control of Stila Cosmetics, with a Delaware bankruptcy judge sending the case to Vice Chancellor Joseph R. Slights III after a briefly successful Tilton removal push.

  • June 21, 2021

    Calif. Co. Used Stolen Trade Secrets In Ad Platform, Suit Says

    Result Marketing Group has accused California-based brand marketing company Quotient Technology of using trade secrets stolen from Result to develop a sales and management platform worth millions for a grocery store holding company.

  • June 21, 2021

    U.S. Steel Keeps Victory In Fire Reporting Suit At 3rd Circ.

    U.S. Steel Corp. on Monday maintained its defeat of a Clean Air Council lawsuit alleging it violated federal notification requirements regarding a 2018 fire near Pittsburgh, with the Third Circuit's precedential ruling that the company's reports to local authorities were sufficient.

  • June 21, 2021

    Ford Cites Ethics Issues In Bid To DQ Atty In Del. Patent Case

    Ford is urging the Delaware federal court to disqualify an attorney from serving as counsel in a patent infringement suit he filed against the automaker and a manufacturer, saying there is "no ethical or practical way" he can serve as counsel because he will also be a "material fact witness."

  • June 21, 2021

    Assisted Living Chain Owing $83M Hits Ch. 11 For Sale

    Texas-based assisted living chain CP Holdings LLC sought Chapter 11 protection in Delaware bankruptcy court late Sunday with plans for a stalking horse sale led by Hong Kong-based creditors offering a partial takeback of the 50-site venture's more than $66 million first-lien debt.

  • June 21, 2021

    High Court Won't Hear Sham Litigation Exception Case

    The U.S. Supreme Court won't review a Third Circuit ruling that AbbVie delayed generic versions of its testosterone treatment AndroGel through sham litigation.

  • June 18, 2021

    HHS Pulls Pharmacy Discount Rule Amid Litigation Barrage

    Following a court defeat, the U.S. Department of Health and Human Services late Friday told federal courts that it has withdrawn its December finding that drug manufacturers can't limit the number of pharmacies eligible to fill government-set, capped-cost prescriptions for eligible organizations.

  • June 18, 2021

    Many Zohar Claims Get 2nd Chance In Tilton Ch. 11 Suit

    A Delaware bankruptcy judge dismissed a string of claims Friday in a 15-month-old Chapter 11 battle between interests of distressed-debt mogul Lynn Tilton and bankrupt Zohar Funds holding more than $1.4 billion in Tilton venture-related debt, but allowed repleading for a majority of those tossed.

  • June 18, 2021

    $110M Deal Reached In Suit Over $8.7B GCI Liberty Merger

    Former GCI Liberty Inc. directors have agreed to a $110 million settlement in Delaware to end stockholder class litigation over alleged maneuvers by its controllers and fiduciary duty breaches in GCI's stock-for-stock acquisition, valued at $8.7 billion, by Liberty Broadband Corp. last year.

  • June 18, 2021

    Sellers Of Electronics Co. Sued Over Deficient Disclosures

    The new owner of a California-based electronics business have urged a Delaware Chancery judge to undo its deal to purchase the company after learning that its former owners had failed to disclose the loss of a major revenue source as a result of a voided $550 million military contract.

  • June 18, 2021

    Attys Seek $6.9M For 'Trailblazing' Work On Fresh Market Suit

    Friedlander & Gorris and Robbins Geller are seeking roughly $6.9 million for what they say was "trailblazing" work as part of a proposed $27.5 million settlement to a Delaware Chancery Court suit over the $1.4 billion take-private sale of specialty grocery chain Fresh Market.

  • June 18, 2021

    Boy Scouts Pledge $250M For Ch. 11 Abuse Settlements

    The Boy Scouts of America on Friday filed a revised Chapter 11 plan with a Delaware bankruptcy court, saying after talks with tort claimants it is willing to pledge up to $250 million, double its previous contribution, to a settlement trust for sexual abuse survivors.

  • June 18, 2021

    It's A 'Homecoming' To Del. For New Duane Morris IP Partner

    Duane Morris LLP has announced Monté T. Squire, a former administrative patent judge, has joined the firm's Wilmington office as a partner in the intellectual property practice group in what marks a "homecoming" to the Delaware bar for Squire.

  • June 17, 2021

    IP Forecast: Pro Wrestler Preps For Video Game Trial

    Professional wrestler Booker T is scheduled to take the stand next week before a Texas federal jury in a case alleging that video game giant Activision ripped off his military-themed persona to create a Call of Duty character. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • June 17, 2021

    Weinstein's Brother Says Ch. 11 Buyer Owes Him Film Profits

    The brother of convicted rapist and disgraced movie mogul Harvey Weinstein told a Delaware bankruptcy judge that the buyer of the Weinstein Co.'s assets owes him more than $2.3 million for his rights to the profits generated by the movie "Scream 4."

  • June 17, 2021

    3rd Circ. Tosses Federal Claims In Philly Will Dispute

    A legal battle over the estate of the son of a powerful Philadelphia official will continue at the county level after the Third Circuit upheld the dismissal of federal claims on Thursday.

  • June 17, 2021

    Many Courts Close For Juneteenth After Federal Holiday Nod

    With President Joe Biden signing a bill Thursday marking Juneteenth as a federal holiday, many federal courthouses may be scrambling to reschedule court hearings as the law gives most federal employees the day off.

  • June 17, 2021

    Nine Point Denied Quick Win On Pipeline Liens

    A Delaware bankruptcy judge Thursday denied oil and gas driller Nine Point Energy a quick win in its challenge to $157.7 million in liens asserted by its midstream provider, saying whether the liens are valid under state law requires a look at the evidence.

  • June 17, 2021

    Del. Judge OKs Mallinckrodt Toss Of Ill. City's Ch. 11 Claims

    A Delaware bankruptcy judge has summarily rejected a Rockford, Illinois, attempt to block Mallinckrodt PLC from exercising its Chapter 11 right to shed liability for city claims that the company inflated pricing of a drug used to treat multiple sclerosis and infantile spasms.

  • June 17, 2021

    Chancery Tosses Most Claims In UpCounsel Sale Challenge

    Faulty pleas and claims doomed most counts in a Delaware Chancery Court suit accusing three top figures with online freelance legal services venture UpCounsel Inc. of unjust enrichment and fiduciary duty failures when licensing away its essential software and shutting down, Delaware's chancellor ruled Thursday.

  • June 17, 2021

    3rd Circ. Won't Rehear Suit Over 15-Year-Old BofA Robocall

    The Third Circuit won't give another chance to a plaintiff accusing Bank of America of violating the Telephone Consumer Protection Act with a single 2005 robocall, denying on Thursday a rehearing of the bank's earlier win.

  • June 17, 2021

    3rd Circ. Won't Halt Deportation Of Jamaican Woman

    A split Third Circuit panel on Thursday refused to halt deportation proceedings for a Jamaican woman who pled guilty to defrauding the elderly in a lottery scam, ruling in a precedential decision that she didn't prove she was likely to face retribution from the scam's ringleader if sent back to her native country.

  • June 17, 2021

    Justices Back Foster Agency That Refused Same-Sex Couples

    The U.S. Supreme Court ruled Thursday that Philadelphia violated a Catholic foster care agency's religious rights by severing ties with it after it refused to place foster children with same-sex couples.

  • June 16, 2021

    Chancery Orders Payback In $4.4M Investment Fraud Suit

    A Delaware judge found Wednesday that a bankrupt real estate investment fund founder fraudulently induced entities to invest in his "carelessly run" fund and then secretly lent out nearly $4.4 million of their money to a friend trying to set up sports pub franchises, ordering him to repay the investors.

Expert Analysis

  • Attorneys Beware: Zoom Depositions Are Likely Inadmissible

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    As legal proceedings have moved online in light of the pandemic, lawyers may mistakenly believe that recorded Zoom video depositions can be entered as evidence, but without certain safeguards, the testimony is unlikely to be accepted by courts, says Phillip Zisook at Schoenberg Finkel.

  • Contract Rights Vs. Patent Invalidity: 2 Key Cases To Watch

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    Depending on how the Federal Circuit and U.S. Supreme Court balance private contractual rights and public policy to void invalid patents in two pending cases, practitioners may have to test new ways of protecting patents from challengers who already received contractual benefits, say Howard Susser and Eric Kaviar at Burns & Levinson.

  • Law Firm Talent Must Reflect Shifting US Demographics

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    Stephanie Scharf at Scharf Banks and Roberta Liebenberg at Fine Kaplan analyze and project U.S. demographic trends to show that law firms that hope to succeed long-term must recruit, retain and advance female lawyers and lawyers of color, and they outline six steps for meeting these goals.

  • Opinion

    Judges Should Foster Diversity In MDL Leader Appointments

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    Through their powerful function as gatekeepers, judges should open the gate to minority practitioners when appointing leadership positions in widely influential multidistrict litigation and begin to correct the disparities that have long plagued the legal industry, say Majed Nachawati and Michael Gorwitz at Fears Nachawati.

  • A Biz Strategy Model To Improve Lateral Atty Hiring Diversity

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    Quantitative comparison tools commonly used by companies in evaluating merger targets will allow law firms to assess lateral hire candidates in a demographically neutral manner, help remove bias from the hiring process and bring real diversity to the legal profession, says Thomas Latino at Florida State University.

  • How Trade Dress Law Has Evolved During COVID

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    As consumers return to in-store shopping and retailers shift strategies to boost products' shelf appeal, it's important to note that trade dress case law developments during the pandemic have emphasized a fine line between identity of brand and that of function, say Howard Hogan and Laura Mumm at Gibson Dunn.

  • NextEra Ruling Could Support Initial-Bidder Expense Claims

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    The Third Circuit’s recent broad decision that NextEra's unsuccessful merger bid for Energy Future Holdings could nevertheless benefit EFH's bankruptcy estate provides future stalking horse bidders substantial leverage and may establish an alternative way for them to recover transactional expenses, says Ronit Berkovich at Weil.

  • Expedited Bankruptcies Are Cause For Concern

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    The Office of the U.S. Trustee's recent concerns over the increase in so-called shotgun bankruptcies are legitimate: These expedited processes limit oversight by the bankruptcy court to the detriment of smaller stakeholders, say Brian Shaw and David Doyle at Cozen O'Connor.

  • Smaller Firms Need Employee Wellness Programs, Too

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    As we emerge from the pandemic, small and midsize firms — which offer an ideal setting for companywide connection — should follow in the footsteps of larger organizations and heed the American Bar Association’s recommendations by adopting well-being initiatives and appointing a chief wellness officer, says Janine Pollack at Calcaterra Pollack.

  • Stop Networking, Start Relationship Marketing

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    USA 500 Clubs' Joe Chatham offers four tips for lawyers to get started with relationship marketing — an approach to business development that prioritizes authentic connections — and explains why it may be more helpful than traditional networking post-pandemic.

  • What Attorneys Should Know About Fee Deferral

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    Milestone Consulting’s John Bair explores contingency-fee structuring considerations for attorneys, laying out the advantages — such as tax benefits and income control — as well as caveats and investment options.

  • Predictions On Pandemic's Lasting Impact On Legal Education

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    The pandemic accelerated the pace of technological change for legal education, and some of the changes to how law school courses are taught and on-campus interviews are conducted may be here to stay, says Leonard Baynes at the University of Houston.

  • Lawyer Perfectionism Is A Disease We Can Control

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    The pursuit of perfection that is prevalent among lawyers can lead to depression, anxiety and other mental health impacts, but new attorneys and industry leaders alike can take four steps to treat this malady, says Liam Montgomery at Williams & Connolly.

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Opinion

    It's Time For States To Enact Effective Marijuana DUI Laws

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    The increasing legalization of recreational marijuana spotlights the need for states to safeguard the public by developing laws to curb driving under the influence of drugs with uniform bright-line rules, along with more accurate testing and increased law enforcement training, say Laura Sedrish at Jacoby & Meyers and Victor Schwartz at Shook Hardy.

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