Delaware

  • October 11, 2019

    3rd Circ. Upholds Nike, Port Authority Wins In Title VII Rulings

    In two opinions Friday, Third Circuit panels upheld lower court rulings granting early judgment in favor of the Port Authority of New York and New Jersey and Nike Inc. in Title VII suits brought by two former employees that alleged discrimination and retaliation.

  • October 11, 2019

    Chancery Lets 1 Claim Survive In $40M Sporting Co. Sale Suit

    The Delaware Chancery Court dismissed all but one of six counts Friday in a suit accusing majority investors in a sporting and fitness goods manufacturer of unfairly pushing through a $40 million company sale that left the minority, including the company’s two founders, with nothing.

  • October 11, 2019

    Committee Opposes Releases In Orchids Ch. 11 Proposal

    The unsecured creditors of bankrupt paper maker Orchids Paper Products Co. claim its proposed Chapter 11 plan is “fatally flawed” because it includes releases that would prevent creditors from suing Orchids’ directors and officers individually, arguing that to even permit a vote on the plan would be a waste of money.

  • October 11, 2019

    Abrams, Olshan Draw Guff For $22M Fee Bid On $47M Deal

    Abrams & Bayliss and Olshan Frome Wolosky faced pushback Thursday on a $22 million fee bid for brokering a potential $47 million deal on behalf of a putative class of investors challenging Medley Capital Corp.'s proposed tie-up with Sierra Income Corp., as the defendants cast doubt that the deal is worth that much.

  • October 11, 2019

    Delaware Courts Further Shape MFW, Appraisals In Q3

    The Delaware judiciary in the third quarter of 2019 set the stage for a broadening of MFW protections outside controller-led transactions and further honed its approach to appraisal actions.

  • October 11, 2019

    Philly Refinery Puts Restructuring, Sale Options In Ch. 11 Plan

    Philadelphia's sprawling PES Holdings LLC refinery filed a three-option Chapter 11 plan in Delaware late Thursday, with leeway for an equity restructuring, sale or auction of the 1,300-acre complex, blasted by a June explosion into its second bankruptcy in less than two years.

  • October 11, 2019

    Caterpillar Can't Ditch Antitrust Claims Even As Suit Slashed

    Caterpillar Inc. and Komatsu America Corp. have failed to escape antitrust claims accusing them of trying to strong-arm a competitor out of the construction equipment business, despite a Delaware federal judge slicing the long-running suit to the bare bones.

  • October 11, 2019

    Fired Workers Want Bayou Steel Ch. 11 Sent To Louisiana

    A group of employees terminated by steel mill operator Bayou Steel BD Holdings LLC shortly before it filed for Chapter 11 protection have asked a Delaware judge to transfer the bankruptcy cases to Louisiana, arguing the company has no real connections to the First State.

  • October 10, 2019

    Dershowitz Says TransPerfect Case Too Tangled To Sanction

    High-profile attorney Alan Dershowitz told Delaware's Chancery Court on Thursday that payment disputes between TransPerfect Global Inc.'s founder and a court-appointed custodian are too tangled and murky to support the custodian's call for hefty sanctions over unpaid bills and an allegedly frivolous lawsuit.

  • October 10, 2019

    Kessler Topaz, Prickett Jones Want In On Medley Fees

    An investor told the Delaware Chancery Court Thursday his counsel at Kessler Topaz and Prickett Jones are entitled to about $440,000 in legal costs for their help brokering an estimated $47 million deal on behalf of a putative investor class that challenged Medley Capital Corp.'s proposed complex merger with Sierra Income Corp., while also questioning the co-lead counsel's $22 million fee bid.

  • October 10, 2019

    3rd Circ. Revives Wrongful Firing Case Over Wiretap Claim

    The Third Circuit on Thursday revived a First Amendment claim by a former Pennsylvania state worker who alleged that she was fired for complaining about being secretly recorded by a union official, reasoning that she was entitled to free speech protection because her report of the matter concerned the public's interest.

  • October 10, 2019

    Purdue Docs Show DOJ Deal Is Key To Ch. 11 Settlement

    Bankrupt OxyContin maker Purdue Pharma LP has filed a term sheet in New York bankruptcy court detailing a proposed settlement it hopes will resolve thousands of lawsuits over the company's role in the national opioid crisis and calling for a deal to be reached with the federal government.

  • October 10, 2019

    UBiome's Ch. 7 Case Conversion Approved In Del.

    Fecal testing firm uBiome Inc. received court approval Thursday in Delaware for its request to convert its bankruptcy case to a Chapter 7 liquidation after its post-petition funding fell through in the face of creditor objections.

  • October 10, 2019

    JP Morgan Fees Center Stage In Del. Suit Over $3.2B Oil Deal

    Callon Petroleum Co. investors launched a Chancery Court suit late Wednesday over a proposed $3.2 billion all-stock acquisition of Carrizo Oil & Gas Inc., accusing Callon of failing to disclose financial adviser J.P. Morgan Securities LLC's potential gains from work on an associated $2.5 billion financing.

  • October 10, 2019

    Sears Hometown Investors Say Lampert Engineered Bad Deal

    Sears Hometown and Outlet Stores investors have filed a proposed class action in Delaware Chancery Court accusing controlling shareholder and former Sears CEO Edward S. Lampert of a yearslong effort to strip value from the retailer to buy out its remaining shares at an unfairly low price.

  • October 10, 2019

    1st Circ. Says F-Squared's $7.7M Fee Claim May Hinge On SEC

    The relative "possibility" of a U.S. Securities and Exchange Commission enforcement action after an investigation begins may determine whether the bankruptcy trustee for F-Squared Investments Inc. can recoup $7.7 million in legal fees spent during the investigation, the First Circuit said Thursday.

  • October 10, 2019

    EdgeMarc Energy Has No Path Forward With Ch. 11

    EdgeMarc Energy's unsecured creditors have asked to convert the case to a Chapter 7 liquidation, accusing the debtor of simply drifting along after an asset sale brought in $50 million in August, and failing to pursue valid claims against a pipeline company and its own secured creditors.

  • October 09, 2019

    Strine Calls For Sweeping Corporate Overhaul As Term Wanes

    With only a few weeks left in an eventful two decades on the nationally important Delaware bench, retiring Chief Justice Leo E. Strine Jr. has called for a sweeping overhaul of American corporate governance, aimed at countering what he sees as failures to expand long-term investment, sustainable business practices and fair sharing of gains with workers.

  • October 09, 2019

    Lamenting 'Inequitable' Result, 3rd Circ. Allows Deportation

    The Third Circuit on Wednesday grudgingly refused to block the deportation of a Guinea citizen who overstayed his American visa after fleeing his native country’s violence, staying faithful to a legal system the panel acknowledged could generate “inequitable” results at times.

  • October 09, 2019

    Del. Justices Deny Review Of Geico Class PIP Suit

    The Delaware Supreme Court on Tuesday denied Geico's bid for it to reconsider a lower court's August certification of a class action challenging the company's auto insurer caps on personal injury payouts, ruling there are no "exceptional" issues that merit midcase review.

  • October 09, 2019

    Orchids' Third-Party Ch. 11 Releases Draw Ire Of SEC

    The U.S. Securities and Exchange Commission objected Wednesday to the proposed Chapter 11 plan of Orchids Paper Products Co., saying it includes impermissible third-party releases that can’t be fast-tracked as requested by the debtor.

  • October 09, 2019

    Judge Consolidates Wage-Fixing Suits Against Chicken Cos.

    A Maryland federal judge on Wednesday granted a bid by ex-chicken producer employees to consolidate related cases in a proposed class action accusing chicken processing companies of a decadelong conspiracy to fix the wages of hundreds of thousands of workers.

  • October 09, 2019

    Boeing Investor Sues Board Claiming Lousy Safety Oversight

    A Boeing investor has filed a derivative suit in Delaware Chancery Court accusing the aircraft manufacturing giant's officers of inadequate safety oversight of 737 Max 8 jets, which were grounded earlier this year after two crashes with more than 300 fatalities within five months.

  • October 09, 2019

    Judge Makes Way For J. Crew Receipt Challenge At 3rd Circ.

    A New Jersey federal judge has agreed to toss a proposed class action over J. Crew Group Inc. receipts that allegedly revealed too many credit card digits, paving the way for the suing customer to appeal the rejection of his latest version of the claims to the Third Circuit.

  • October 08, 2019

    Aerogroup Reaches Deal With Lenders To Dismiss Ch. 11

    Defunct women’s shoe retailer Aerogroup International sought approval in Delaware bankruptcy court late Monday for a multipart, multimillion-dollar settlement with creditors and an eventual order dismissing its Chapter 11 cases.

Expert Analysis

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • State Net

    States May Slow Spread Of Vehicle Subscription Services

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    Motor vehicle subscription services — similar to auto leases, except with no long-term commitment, the ability to change vehicles periodically, and insurance and maintenance bundled in — have been embraced by some automakers, insurers and consumers, but face potential roadblocks from state lawmakers and regulators, says Korey Clark of State Net Capitol Journal.

  • Rebuttal

    Data Pinpoints Expert Valuation Differences In Del. Appraisals

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    A recent Law360 guest article called on experts in appraisal proceedings to present valuations closer to deal price, but an examination of 20 cases involving disinterested transactions of public targets indicates this call to action is more apt for petitioner valuations than those of respondents, says Michael Cliff at Analysis Group.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • A Developing Split Over Online Marketplace Product Liability

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    A pair of recent opinions from the Third and Sixth Circuits suggest that e-commerce intermediaries may be held liable for selling allegedly defective products, but an Arizona federal court's recent opinion in State Farm v. Amazon demonstrates the level of uncertainty that exists on this issue, say Blake Angelino and Benjamin Broadhead at FaegreBD.

  • Direct Taxes: The Next Shoe To Drop After Wayfair?

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    Taxpayers should be alarmed at state efforts to extend the U.S. Supreme Court's Wayfair decision to direct taxes — including gross receipts, income and franchise taxes — despite the apparent protections of federal Public Law 86-272, says Martin Eisenstein of Brann & Isaacson.

  • State Net

    Battles Still Rage Over Calif. Data, Worker Classification Laws

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    California is set to be reshaped soon by two pieces of legislation — one on data privacy, and one on worker classification — but numerous attempts by lawmakers to amend both laws, and the possibility of ballot measures that may further alter them, are clouding the picture, says Rich Ehisen of State Net Capitol Journal.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • The Latest Carbon Market Developments: Part 2

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    The Democratic primary debates and a proliferation of bills in Congress make it clear that carbon pricing will be a significant issue in the 2020 U.S. elections — and a host of international pilot programs for carbon emissions credit trading suggest even more interest in the subject abroad, say attorneys with Beveridge & Diamond.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • The Latest Carbon Market Developments: Part 1

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    Even as the Transportation Climate Initiative, a carbon pricing scheme in the Northeast, has gained momentum, recent developments in Virginia, Washington, Oregon and California have created obstacles for domestic carbon markets, say attorneys at Beveridge & Diamond.

  • Defendants’ Chances On Daubert May Vary By Circuit

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    A survey of recent Daubert decisions shows that the Ninth Circuit reverses district court exclusions of experts nearly half the time, and — unlike numerous other courts — appears to reject the principle that any step that renders an expert’s analysis unreliable makes the expert’s testimony inadmissible, say attorneys with Skadden.

  • High Court Could Bring Clarity To Charterers In Oil Spill Case

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    In the oil spill liability case Citgo Asphalt Refining v. Frescati Shipping, the U.S. Supreme Court has a chance to resolve a circuit split over whether "safe berth" and "safe port" clauses in maritime contracts impose only a due diligence requirement, or strict liability, which would likely result in more uniformity in the chartering industry, says Jordan Asch of Gibbons.