Delaware

  • September 19, 2024

    Feds Can't Order $31M To Refill Class Funds, 3rd Circ. Told

    A New Jersey man convicted for stealing $40 million from settlements in stockholder class actions told a Third Circuit panel Thursday the multimillion-dollar restitution ordered at his sentencing is unlawful and should be vacated, arguing that the settlements weren't harmed.

  • September 19, 2024

    Chancery Fast-Tracks Suit Over Renewable Energy Co. Buyout

    Delaware's Court of Chancery on Thursday expedited a lawsuit accusing a Repsol SA subsidiary of breaching an agreement requiring it to buy out the remaining shares in a Chicago-based renewable energy venture the Repsol unit co-owns.

  • September 19, 2024

    Newsmax Appeals Quash Of Smartmatic Atty Subpoenas

    Newsmax Media Inc. is appealing a Florida judge's decision to quash its attempt to subpoena a slew of criminal defense attorneys — representing Smartmatic USA Corp. executives in a criminal case over a Philippines elections contract — in Smartmatic's defamation suit over Newsmax reports tying the voting tech company to alleged conspiracies to steal the 2020 U.S. presidential election.

  • September 19, 2024

    Norwich Asks Justices To Allow Sale Of Generic Diarrhea Drug

    A New York drugmaker has told the U.S. Supreme Court that the courts have gone too far in preventing the release of a generic version of a blockbuster diarrhea drug, after a lower court found there was a way of using the drug that would infringe certain patents.

  • September 19, 2024

    Puerto Rico, Navient Ink $7.7M Student Loan Forgiveness Deal

    Navient Corp. has reached an agreement with Puerto Rico's attorney general to forgive at least $7.7 million in private student loans after being accused of past predatory lending to student borrowers and pervasive loan servicing failures.

  • September 19, 2024

    Tupperware Gears Up For Lender Fight Over Ch. 11 Plans

    Iconic food storage brand Tupperware received a Delaware bankruptcy judge's approval Thursday to keep its bank account systems operating as it prepares to fight off objections to most of its first-day motions next week from a group of secured lenders looking to dismiss its Chapter 11 bankruptcy and foreclose on its assets.

  • September 19, 2024

    Amazon, Bezos Deny Blue Origin Deal Challenges In Del.

    An Amazon.com stockholder suit seeking damages from the e-commerce giant for purportedly conflicted dealing with company founder Jeff Bezos' Blue Origin space launch business can't get off the ground in Delaware's Court of Chancery, attorneys for the Amazon parties argued in a new brief filed late Wednesday.

  • September 19, 2024

    New NJ Senator Seeks Postelection Vote On 3rd Circ. Nominee

    New Jersey's new senator, freshly sworn in Democrat George Helmy, hopes the Senate will vote after the election on the long-stalled nomination of Adeel Mangi to the Third Circuit, which includes his state.

  • September 19, 2024

    Delaware Powerhouse: Bernstein Litowitz

    Bernstein Litowitz Berger & Grossmann LLP continues to build a reputation for success in Delaware's Chancery Court, with bona fides that include serving as lead trial counsel in a shareholder action that led to Elon Musk's massive compensation plan at Tesla being rescinded, landing the firm on Law360's 2024 list of Delaware Powerhouses.

  • September 19, 2024

    3rd Circ. Curious When Workplace Acts Become 'Concerted'

    Third Circuit judges pressed the National Labor Relations Board on Thursday to specify what elevated a Pennsylvania plastic company employee's complaints about working during COVID-19 closures into protected, "concerted" activities, if there was little evidence that other employees joined him in his concerns.

  • September 18, 2024

    DuPont Heirs Beat ERISA Suit Over 1947 Trust At 3rd Circ.

    The Third Circuit reversed a decision Wednesday and found DuPont heirs aren't liable for Employee Retirement Income Security Act violations in a dispute over who's to blame for underfunding a now-insolvent trust that was created by their grandmother in 1947 and paid the heirs and their workers retirement benefits.

  • September 18, 2024

    FTX Auditor Prager Metis Settles SEC Charges For Negligence

    The former auditor of Sam Bankman-Fried's defunct cryptocurrency exchange FTX agreed Tuesday to pay $1.95 million to resolve allegations by the U.S. Securities and Exchange Commission of misconduct in FTX audits and, in a separate case, violations of auditor independence rules.

  • September 18, 2024

    $24.5M Fee Sought In Del. For $125M Discovery Suit Deal

    Class attorneys who secured a proposed $125 million settlement in a Delaware Court of Chancery suit filed by former Discovery Inc. stockholders challenging the company's $43 billion merger with AT&T in April 2022 proposed a $24.5 million fee for their efforts Wednesday.

  • September 18, 2024

    3rd Circ. Digs Into NLRB's Power To Punish Starbucks

    A Third Circuit panel on Wednesday struggled to find agreement between Starbucks Corp. and the National Labor Relations Board on the scope of the agency's power to penalize companies for violating employees' rights, as it considered the coffee chain's challenge to the agency's penalties over its firing of two unionizing workers.

  • September 18, 2024

    ITC Looking At Advanced Bionics Implant Patent Claims

    The U.S. International Trade Commission said it will look into allegations from Switzerland's Advanced Bionics that Austria's Med-El has been infringing cochlear implant hearing aid technology.

  • September 18, 2024

    Del. Justices Grapple With Noncompete Litigation Limits

    An attorney for residential solar power system dealer Sunder Energy LLC told Delaware's top court Wednesday that the Chancery Court last year relied on a case record "procedurally anomalous and bereft of fact" when it denied a preliminary injunction in a noncompete suit targeting a co-founder and two competitors.

  • September 18, 2024

    Delaware Powerhouse: Morris Nichols

    Serving the nation's preeminent business law destination for nearly 100 years, Morris Nichols Arsht & Tunnell LLP this year has continued winning critical cases in Delaware's Chancery, bankruptcy and federal district courts for clients of its corporate governance, restructuring and intellectual property practices.

  • September 18, 2024

    Silvergate Bank Parent Co. Files Ch. 11, Plans Liquidation

    The parent company of shuttered cryptocurrency-focused bank Silvergate filed for Chapter 11 protection in Delaware on Wednesday with plans to wind down and liquidate its remaining assets.

  • September 18, 2024

    Tupperware Hits Ch. 11 In Del. With Plans For Quick Sale

    The iconic food storage company Tupperware Brands Corp. filed for Chapter 11 bankruptcy protection in Delaware with more than $1 billion in liabilities and plans for a quick sale, after months of concern about whether its famous direct sales model had finally hit a wall.

  • September 17, 2024

    Chancery Sides With Truth Social Backer In SPAC Deal Payout

    A Delaware Chancery judge sided Tuesday with the investment sponsor of the entity that took former President Donald Trump's Truth Social media company public, on claims it was shortchanged in the deal, ordering a larger share of the stock be handed over from the transaction.

  • September 17, 2024

    Wheel Pros Floats $30M Ch. 11 Sale Of Its 4WP Unit

    Bankrupt automotive wheel company Wheel Pros LLC asked a Delaware bankruptcy court to bless a private $30 million sale of its recently acquired 4WP retail unit to a subsidiary of Australia's ARB Corp., a move that would bypass the usual Chapter 11 auction.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

  • September 17, 2024

    Better Days Ahead For Associates, Recruiters Say

    Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.

  • September 17, 2024

    Delaware Powerhouse: Pachulski Stang

    The bankruptcy expertise at Pachulski Stang Ziehl & Jones has made it one of Delaware's go-to firms for many types of parties and local counsel — with the Sientra Inc., Vice Media Group and Yellow Corp. bankruptcies serving as recent examples.

  • September 16, 2024

    Injectable Analgesic Maker Wants Generic Version Blocked

    Mallinckrodt Pharmaceuticals has sued a rival drugmaker in Delaware federal court, alleging the company copied its injectable version of acetaminophen and infringed four patents in the process.

Expert Analysis

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Del. Dispatch: Drafting Lessons For Earnout Provisions

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    The Delaware Court of Chancery's recent decision in Medal v. Beckett Collectibles provides guidance for avoiding ambiguity in provisions relating to the acceleration of earnout payments under specified circumstances, and provisions mandating good faith negotiations before bringing earnout litigation, say attorneys at Fried Frank.

  • Missouri Injunction A Setback For State Anti-ESG Rules

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    A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • New Lessons On Managing Earnout Provision Risks

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    Earnout provisions can be a useful tool for bridging valuation gaps in M&A, particularly in developmental-stage pharmaceutical transactions, but the Delaware Chancery Court’s recent decision in Shareholder Representative Services v. Alexion sheds new light on the inherent risks and best practices for managing them, say attorneys at Cleary.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Finding Coverage For Online Retail Privacy Class Actions

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    Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

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    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Opinion

    Congress Must Do More To Bolster ERISA Protections

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    As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • How NJ Temp Equal Pay Survived A Constitutional Challenge

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    The Third Circuit recently gave the New Jersey Temporary Workers' Bill of Rights a new lease on life by systematically dismantling multiple theories of the act's unconstitutionality brought by staffing agencies hoping to delay their new equal pay and benefits obligations, say attorneys at Duane Morris.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

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