Delaware

  • May 26, 2020

    Longview Power's $350M Ch. 11 Debt Swap Gets Green Light

    The Chapter 11 plan of West Virginia electricity provider Longview Power LLC has received bankruptcy court approval in Delaware, with the court confirming the company's debt-for-equity swap that wipes away $350 million of debt.

  • May 26, 2020

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

    The COVID-19 pandemic found states monitoring scaled back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    XFL Says Creditor 'Vendetta' Axed McMahon's Ch. 11 Sale Bid

    Vince McMahon told the Delaware bankruptcy court Monday that he had taken himself out of the bidding for the XFL, a decision the owner of the bankrupt football league blamed on a "vendetta" against McMahon by its unsecured creditors.

  • May 26, 2020

    High Court Won't Review Nonconsensual Ch. 11 Releases

    The U.S. Supreme Court on Tuesday said it won't review a Third Circuit decision that allowed the 2015 confirmation of a troubled laboratory company's Chapter 11 plan over opposition from creditors that argued the plan unconstitutionally released key parties from damage claims without creditor consent.

  • May 26, 2020

    High Court Won't Mull Waiver In Painter's Ch. 11 Contract Row

    The U.S. Supreme Court on Monday refused to hear arguments from a construction company over whether it gave up its right to appeal in a contract dispute when it inked an agreement to drop the entirety of its claims if a Pennsylvania bankruptcy judge ruled against it in the case.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 22, 2020

    COVID-19 Drives Car Rental Giant Hertz Into Bankruptcy

    Hertz Global Holdings Inc. sought Chapter 11 protection in Delaware late Friday with roughly $24 billion in debt, limping badly from the effects of a global, COVID-19 related business downturn and filing its initial papers hours ahead of a creditor forbearance deadline on a multi-billion noteholder agreement.

  • May 22, 2020

    Law Dean Says DOJ Halting Whistleblowers Unconstitutional

    The dean of the University of California Berkeley School of Law said the federal government unconstitutionally deprived a whistleblower of his property interest in his lawsuit when it successfully petitioned a Pennsylvania federal court to toss the case against a UnitedHealth Inc. unit, according to an amicus brief filed with the Third Circuit Friday.

  • May 22, 2020

    Akorn Gets OK To Tap Into $30M Ch. 11 Funds

    Specialty pharmaceutical giant Akorn Inc. was cleared Friday by a Delaware judge to tap into its $30 million debtor-in-possession loan as it seeks a Chapter 11 buyer for its assets with a floor bid worth roughly $1 billion in place from secured lenders.

  • May 22, 2020

    Crystallex, Venezuela $1.2B Award Fight Moves Ahead

    A Delaware federal judge on Friday gave Citgo's parent company two weeks to respond to an order allowing Crystallex to seize its shares to enforce a $1.2 billion arbitral award against Venezuela, days after the U.S. Supreme Court declined to take up the country's challenge against the order.

  • May 22, 2020

    Borden Dairy Sets June Auction For Possible Ch. 11 Sale

    A Delaware judge on Friday approved plans for Borden Dairy Co. to hold an auction next month to potentially sell its assets, as the milk supplier continues to pursue a dual Chapter 11 path that could sell assets or set a plan to restructure its debt and business.

  • May 22, 2020

    COVID-19 Woes Land JustFly, FlightHub In Ch. 15 In Del.

    Largely idled by the COVID-19 pandemic, U.S. affiliates of third-party airline ticket booking agents JustFly Corp. and Canada's FlightHub Group sought Chapter 15 recognition in Delaware's bankruptcy court Friday for the Canadian bankruptcy of a parent company holding at least $28 million in debt.

  • May 21, 2020

    Lowe's, Insurance Adjuster Beat Worker's Bad Faith Claim

    A Delaware Superior Court judge on Wednesday threw out a Lowe's worker's bad faith action against her employer and an insurance adjuster, ruling that she had already settled an earlier claim over the same work-related injury and is therefore barred from pursuing another.

  • May 21, 2020

    Pa. Home Security Co. Ducks Fraud Claims At 3rd Circ.

    A home security company knocked out class claims that it unlawfully billed for services that were no longer being provided after the Third Circuit on Thursday said a customer's agreement required him to keep paying after he moved and sold his house.

  • May 21, 2020

    Coronavirus Litigation: The Week In Review

    McDonald's workers say unsafe practices at some of the fast food giant's restaurants could endanger public health, students are suing over technical issues with online Advanced Placement exams, and the Sixth Circuit held this week that COVID-19-related loans can't be withheld from strip clubs and adult novelty stores. Here's a breakdown of some of the coronavirus-related cases from the past week.

  • May 21, 2020

    Gray Urges Justices To Rein In 3rd Circ. On Media Ownership

    Gray Television has urged the U.S. Supreme Court to uphold the FCC's most recent media ownership deregulation and called for the justices to reverse the Third Circuit stance that the agency has not justified relaxing the long-standing limits on broadcast station ownership.

  • May 21, 2020

    Exide's Ch. 11 Financing OK'd Over Creditor Opposition

    Exide Technologies LLC's second Chapter 11 in the past decade is off to a contentious start as a Delaware judge Thursday gave his nod for Exide to use lender cash collateral and up to $40 million in debtor-in-possession financing, despite strong opposition from certain secured lenders.

  • May 21, 2020

    US Trustee Balks At Borden's Ch. 11 Executive Bonus Plans

    The U.S. Trustee's Office Thursday asked the Delaware bankruptcy court to reject milk producer Borden Dairy Co.'s request to pay up to $2 million in bonuses to top executives, saying the company has not justified the payments in light of the COVID-19 pandemic.

  • May 21, 2020

    Judge Finds Invisalign Maker Can't Dodge Monopoly Claims

    A Delaware federal judge has recommended the maker of popular teeth-straightening technology Invisalign should not escape a rival's antitrust suit alleging the company orchestrated an anti-competitive scheme to take over the market for clear aligners and the intraoral scanners used to make them.

  • May 21, 2020

    Gov't Calls Ravn Air's Ch. 11 Plan Unconfirmable

    The federal government objected to Ravn Air's Chapter 11 plan disclosure statement in Delaware bankruptcy court, saying it described an unconfirmable plan with liability releases that are so broad as to be impermissible.

  • May 21, 2020

    Fertility Chain IntegraMed Files For Ch. 7 After $7M Asset Sale

    Fertility clinic operator IntegraMed Holding Thursday filed for Chapter 7 bankruptcy in Delaware following a $7 million asset sale to a private equity buyer, saying it has more than $100 million in debt and is seeking to wind down its operations at "several" of its locations.

  • May 21, 2020

    Chancery OKs $15.6M Deal Ending SeaWorld 'Blackfish' Suit

    SeaWorld Entertainment Inc. and stockholders secured Delaware Chancery Court approval Thursday for a $15.6 million total settlement ending a suit alleging the company's directors, officers and investors mishandled the fallout from a critical 2013 documentary on SeaWorld's treatment of killer whales and their trainers.

  • May 21, 2020

    Akorn Heads Into Ch. 11 For Sale With More Than $1B In Debt

    Specialty pharmaceutical business Akorn Inc. predictably limped into Delaware Bankruptcy Court late Wednesday with Chapter 11 plans for a more than $1 billion all-asset sale, trailed by troubles that include a potential $70 million-plus Chancery Court judgment over a botched merger and credit default threats.

  • May 20, 2020

    States Join Bid For Virus Delay In Purdue Pharma Bankruptcy

    Two dozen states and the District of Columbia have joined calls for a New York federal court to push back the cutoff date for filing claims in the bankruptcy of Purdue Pharma LP, citing the obstacles created by the ongoing COVID-19 pandemic.

  • May 20, 2020

    DuPont Sued Over 'Forever Chemicals' In NC Drinking Water

    Chemical manufacturer DuPont Co. and its spinoff Chemours Co. polluted air, land and water supplies by releasing so-called "forever chemicals" into the environment surrounding Fayetteville, North Carolina, more than 200 North Carolinians with contaminated properties alleged in a federal lawsuit on Wednesday.

Expert Analysis

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • The Challenge Of Measuring Pipelines' GHG Footprints

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    The Federal Energy Regulatory Commission is frequently asked to require natural gas pipelines to evaluate effects on greenhouse gas emissions, with implications for project approval, but it is not easy to calculate the climate impact of a given pipeline, says David Harrison at NERA.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Lessons On Trade Secret Claims From Possessor, Not Owner

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    The Third Circuit's recent trade secrets decision in Advanced Fluid Systems v. Huber is particularly important for companies in relationships whereby vendors create, use or apply confidential information and trade secrets to develop solutions or manufacture products for other entities pursuant to a contract, say attorneys at Proskauer.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • How Courts May Interpret COVID-19 Waivers Of Liability

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    As businesses begin to reopen, they may seek to release themselves from negligence claims for COVID-19 infections through contractual waivers of liability, but whether a waiver is enforceable varies significantly by state, says Jessica Kelly at Sherin and Lodgen.

  • Bridgegate Has The Potential To Upend A Raft Of Prosecutions

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    The U.S. Supreme Court's recent "Bridgegate" decision will undoubtedly create further hurdles for the government to prosecute schemes that are venal, deceitful and underhanded but in which the loss of money or property — while foreseeable — was not the objective, say Daniel Fetterman and Brian Choi at Kasowitz.

  • Wis. Executive Power Ruling Has A Downside For Businesses

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    The Wisconsin Supreme Court’s decision last week invalidating the state's stay-at-home order as going beyond the governor's authority could make future executive orders limiting businesses' tort liability during post-pandemic reopening significantly less likely even in other states, says Brian Hauck at Jenner & Block.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • A Vertical Challenge May Have Fared Better In Sabre Merger

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    A vertical challenge may have been the U.S. Department of Justice's best chance to block the Sabre-Farelogix merger — subsequently blocked by an adverse United Kingdom ruling — as well as an opportunity to test its new vertical merger draft guidelines, say James Fishkin and Dennis Schmelzer at Dechert.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Revisiting The Benefits Of An Efficient Contract Breach

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    The efficient breach theory — accepted and thoroughly addressed by the Delaware courts — provides companies and their boards an opportunity to mitigate losses incurred from unstable and unprofitable contracts during times of economic uncertainty, say Aaron Rigby and Jack Zeringue at Sidley.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • A More Commercial Paradigm For M&A Agreements

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    As COVID-19 disruption brings "material adverse effect" questions from clients that have entered into acquisition agreements, there is a way to redesign affected provisions to clearly state the parties' intent — eliminate the concept of material adverse effect and replace it with remedies defined by measurable loss, say attorneys at Eversheds Sutherland.

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