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Delaware

  • July 20, 2018

    Oaktree To Counter Top Bidder In Claire’s Del. Ch. 11

    Private equity firm Oaktree Capital Management LP reported Friday it intends to top the current best offer for bankrupt Claire’s Inc., potentially disrupting what until now has been a pre-arranged but hotly contested plan to hand the retail jewelry and accessories chain to its first-lien lenders.

  • July 20, 2018

    Weinstein Judge Lets 'Children Of The Corn' Suit Go Ahead

    A Delaware bankruptcy judge on Thursday lifted a Chapter 11 stay clearing the way for a movie producer to resume his lawsuit in California federal court against The Weinstein Co. disputing sequel, remake and spinoff rights to the 1984 horror film “Children of the Corn.”

  • July 20, 2018

    Gibson Brands Lender Wants Better Ch. 11 Sale Effort

    A major creditor to bankrupt guitar maker Gibson Brands Inc. objected Friday to the company’s disclosure statement and vote solicitation plan in its Delaware Chapter 11 case, arguing the company had failed to market the business properly and offering to help fund a market check.

  • July 20, 2018

    Chancery Court Tosses Investor Challenge To Energy Co. Deal

    A Delaware Chancery Court judge on Friday rejected a challenge by a shareholder in Earthstone Energy Inc. to the company’s acquisition of Bold Energy III LLC, saying the shareholder failed to show private equity firm EnCap Investments LP forced the company into a raw deal.

  • July 20, 2018

    Full Fed. Circ. Should Nix UCB's Vimpat Patent, Accord Says

    Generic-drug makers Accord Healthcare Inc. and Intas Pharmaceuticals Ltd. on Thursday urged the full Federal Circuit to consider invalidating a UCB Inc. patent covering the epilepsy drug Vimpat, arguing that the court's panel relied on subjective criteria to uphold the patent instead of legally mandated objectivity.

  • July 19, 2018

    16 AGs Sue EPA Over 'Super-Polluting' Truck Rule Rollback

    The attorneys general for New York, California and other states sued the U.S. Environmental Protection Agency on Thursday for suspending a rule that limited the number of remanufactured, heavy-duty trucks that could be sold, a decision issued on Scott Pruitt's last day as agency administrator.

  • July 19, 2018

    Hernia Mesh Maker Takes IP Suit Coverage Row To 3rd Circ.

    Tela Bio Inc. on Thursday urged the Third Circuit to revive its bid to force a Chubb Ltd. insurer to cover its costs to defend against a trade secrets and unfair competition lawsuit brought by competitor LifeCell Corp. over a hernia treatment product, saying a lower court applied the wrong state’s law to the dispute and ignored potentially covered defamation claims in LifeCell’s complaint.

  • July 19, 2018

    Rehab Co. Gets Nod For $65M Ch. 11 Sale To Stalking Horse

    A Delaware bankruptcy judge Thursday approved the $65 million sale of the drug and alcohol treatment facility network EBH TopCo LLC to its senior secured lender and stalking horse bidder after a deal was struck with the official unsecured creditors committee, which had challenged the sale.

  • July 19, 2018

    Party Line Splits Senators On Kavanaugh Records Requests

    The Senate Judiciary Committee cleared four U.S. Circuit Court and three district court nominees Thursday, but the panel's main focus was the clash between Republican members trying to limit document requests on U.S. Supreme Court candidate Brett Kavanaugh and Democrats pushing for more access.

  • July 19, 2018

    M&G Offers $6M Deal For Int'l Co. Exits From Del. Ch. 11

    Plastics maker M&G USA Corp. reported a tentative, $6 million Delaware bankruptcy court deal Thursday to end unsecured creditor committee opposition to a Chapter 11 dismissal for three Luxembourg-based M&G affiliates, while another battle raged on over alleged ulterior motives for the exit.

  • July 19, 2018

    Genomic Cancer Testing Cos. Settle IPRs, Infringement Suit

    Foundation Medicine Inc. and Guardant Health Inc. have agreed to settle litigation in Delaware federal court accusing Guardant of infringing a patent for harnessing a patient's genome to help treat cancer, along with three related challenges at the Patent Trial and Appeal Board, the companies announced Wednesday.

  • July 19, 2018

    Citizens Bank Didn't Discourage OT Reports, 3rd Circ. Hears

    RBS Citizens Bank NA on Thursday urged the Third Circuit to decertify a collective action over allegedly unpaid overtime for mortgage loan officers, arguing that the differing accounts provided by the employees defeated their claims of an unwritten policy encouraging workers to toil off the clock.

  • July 19, 2018

    Woodbridge Noteholders' Elder Abuse Claim Could Top $2B

    Attorneys representing a group of noteholders of bankrupt real estate developer The Woodbridge Group LLC announced Thursday that they added claims for elder abuse in their adversary complaint against the debtors that could balloon the claims of the noteholders above $2 billion.

  • July 19, 2018

    Tendyne Investors Sue Abbott Over $50M Merger Bonus Miss

    Former stockholders of Minnesota-based Tendyne Holdings Inc. sued Abbott Vascular Inc. for breach of a $225 million merger contract Thursday, accusing the latter in a federal lawsuit in Delaware of bungling or scuttling a heart valve development goal worth up to $50 million to the former's investors.

  • July 18, 2018

    PLX Shareholders Say Potomac Helped Push Low-Ball Sale

    An attorney for shareholders of semiconductor company PLX Technology Inc. argued Wednesday during post-trial arguments in Delaware Chancery Court that the co-manager of Potomac Capital Partners LP, the firm’s largest investor, pushed for a quick sale in 2015 at a steep discount in order to dump holdings in the struggling company.

  • July 18, 2018

    Boston Herald Can't Give Reporters Libel Releases In Ch. 11

    Third-party releases proposed under the Chapter 11 plan of Herald Media Holdings Inc. aimed at protecting reporters and other editorial employees from defamation and libel suits failed to gain court approval Wednesday when a bankruptcy judge determined the employees weren’t contributing enough to the case to justify the releases.

  • July 18, 2018

    Ebix Shareholders Save Some Claims In Chancery Suit

    A handful of claims survived summary judgment late Wednesday in a 5-year-old, repeatedly amended stockholder complaint seeking damages from software company Ebix Inc. for board actions involving stock incentives, a past acquisition bonus and allegedly inadequate disclosures.

  • July 18, 2018

    M&G Creditors Balk At Proposed Ch. 11 Exit For Int’l Units

    Creditors of bankrupt chemical producer M&G USA Corp. pressed the company’s top international officer Wednesday on his motives for seeking dismissal of three Luxembourg-based affiliates from a larger Delaware Chapter 11, saying the move could cost the U.S. estate $40 million.

  • July 18, 2018

    3rd Circ. Sends False Claims Case Back Over 'Fee On Fees'

    The Third Circuit reluctantly remanded a contentious fight over attorneys’ fees in a Philadelphia false claims case against C&D Technologies involving intercontinental ballistic missiles, ruling that the federal district court had not decided on what “fee on fees” the attorneys should get for their time spent arguing over the previous fees.

  • July 18, 2018

    Tenneco Hit With Investor Suit Over $5.4B Federal-Mogul Deal

    A shareholder of auto parts company Tenneco Inc. filed a putative class action on Tuesday against the company seeking to pause its proposed $5.4 billion purchase of auto parts maker Federal-Mogul LLC, accusing Tenneco of misleading shareholders and withholding financial details.

Expert Analysis

  • What Directors Need To Include In Appraisal Notices

    Christopher Chuff

    The Delaware Chancery Court's opinion in Cirillo Family Trust v. Moezinia is a stark reminder of both the required contents of an appraisal notice as well as the appropriate approach to take when communicating with stockholders, say attorneys with Pepper Hamilton LLP.

  • Biometrics And Geolocation Legislation: A Midyear Update

    Justin Kay

    In the first half of 2018, technology that determines where you are and who you are garnered significant attention. Less discussed are the legislative efforts underway in the federal government and in many states to regulate these emerging technologies, says Justin Kay of Drinker Biddle & Reath LLP.

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Del. Ruling Offers Trade Secret Reminders For Startups

    Josh Fowkes

    The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Claims Trading Lessons From Delaware Bankruptcy Court

    Michael Rupe

    The Delaware bankruptcy court's opinion last month in Woodbridge serves as a cautionary reminder that policy preferences for free claim assignability do not serve to nullify properly drafted anti-assignment provisions, say attorneys with King & Spalding LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.