Delaware

  • September 23, 2022

    Website Wiretap Ruling Fueling Lawsuit Spike, 3rd Circ. Told

    A recent Third Circuit ruling that revived claims that online user tracking violates Pennsylvania's anti-wiretapping law has spurred the filing of at least 10 similar lawsuits against major out-of-state companies such as Meta and GameStop, according to a Friday brief from a pair of companies seeking to overturn the decision.

  • September 23, 2022

    Musk Loses Bid For Privilege Waiver Amid Twitter Doc Fight

    The Delaware Chancery Court on Friday refused Tesla CEO Elon Musk's request for a "blanket" waiver of the attorney-client privilege Twitter Inc. has cited in refusing to hand over documents in litigation over Musk's attempt to get out of his $44 billion offer to buy the company.

  • September 23, 2022

    Stockholders Reach Far For Damages In Chancery Opioid Suit

    An attorney for stockholders suing AmerisourceBergen Corp.'s top executives and directors to recover damages for the company in the wake of the opioid epidemic told a Delaware vice chancellor Friday that damage claims could stretch back several years.

  • September 23, 2022

    Chancery Rejects 'Ethereal' Steel Connect Settlement

    A Delaware court on Friday rejected a revised settlement to a Steel Connect Inc. shareholders' lawsuit challenging the logistics company's $476 million purchase of corporate marketing firm IWCO Direct in 2017, leaving Steel Connect shareholders with uncertainty as they head into a vote next week to take the company private.

  • September 23, 2022

    Target's 3D Design Tech Copyright Suit Gets Trimmed

    A Delaware federal judge slimmed down an interior designing app owner's copyright suit against Target on Friday over three-dimensional decorating technology, axing claims that Target copied the look of its invention since the competing tools are "visually distinct."

  • September 23, 2022

    Coinbase Accused Of Infringing Patented Digital Trading Tech

    A Wyoming fintech company has filed patent infringement claims against Coinbase Global Inc., alleging that the cryptocurrency exchange's products and services encroach on its patented technology for securely processing digital transactions, according to the suit filed in Delaware federal court.

  • September 23, 2022

    Del. Court Pauses Cell Tower Co. Sale After Investor Sues

    Delaware's Chancery Court on Friday put on hold a pending deal for telecommunications infrastructure firm Parallel Infrastructure LLC, after Australia-based property investor Lendlease America Inc. sought an emergency court order to stop the sale.

  • September 23, 2022

    Owens-Illinois Unit Ordered To Open Asbestos Claim Database

    A Delaware bankruptcy judge has told the reorganized asbestos unit of Owens-Illinois Inc. that it will have to open its database of asbestos injury claims to a pair of companies facing their own asbestos liability in pending North Carolina bankruptcy cases.

  • September 23, 2022

    Atty Fee Battle Brewing In EB-5 Venture Case In Chancery

    An attorney fee battle is brewing with claims of bad litigation conduct being thrown around after a Delaware vice chancellor earlier this year ordered the founder of a "visas-for-investment" venture to pay nearly $2.4 million to his company over improper money transfers.

  • September 23, 2022

    L3Harris FCA Billing 'At Least Reckless,' 3rd Circ. Told

    A former L3Harris Technologies Inc. employee told the Third Circuit on Friday that his dismissed whistleblower claims targeting $10 million worth of improper billings for work on a Royal Australian Navy contract showed at least reckless disregard sufficient to keep the case alive in a lower court.

  • September 23, 2022

    Guess Board Ignored Exec's Harassment, Del. Suit Alleges

    Board members at Guess Inc. have tolerated "sustained, despicable, and abusive sexual misconduct" by the fashion company's co-founder Paul Marciano for more than four decades, harming the company and its shareholders through their continued inaction, a Delaware Chancery Court complaint alleges.

  • September 23, 2022

    Boy Scouts Appeals Roll In, Alex Jones Ch. 11 Attys Nixed

    More than a dozen insurers commenced appeals of the Boy Scouts of America's confirmed Chapter 11 plan, proposed attorneys and advisers in an Alex Jones-linked bankruptcy were disqualified, and talc injury claimants questioned the good faith of Johnson & Johnson's talc unit in filing for bankruptcy. This is the week in bankruptcy.

  • September 23, 2022

    Delaware Court Refuses To Block Sugar Deal

    A Delaware federal judge on Friday refused to block U.S. Sugar Corp.'s $315 million acquisition of Imperial Sugar, rejecting a merger challenge from the U.S. Department of Justice over concerns about the supply of refined sugar in the Southeast.

  • September 22, 2022

    Stimwave Director Calls For Investigation Of Ch. 11 Sale

    A Stimwave Technology Inc. director urged a bankruptcy judge in Delaware Thursday to require a "look back" at the medical device company's top lender and prospective buyer's conduct before approving a sale of the business.

  • September 22, 2022

    Simon Property Sues Footwear Co. Over $4.4M Judgment

    Mall landlord Simon Property Group LP is seeking $4.4 million in unpaid rent and other charges that a Delaware Superior Court judge ordered The Walking Company to pay in 2021, suing the footwear retailer and several affiliates on Wednesday in Delaware Chancery Court.

  • September 22, 2022

    IP Forecast: Tyga's 'Wavy Baby' Shoe Row Goes To 2nd Circ.

    The Second Circuit will consider what constitutes an "expressive" work in trademark law when it hears a controversial designer's appeal of a ruling the Vans footwear brand obtained to temporarily block a shoe line endorsed by the rapper Tyga. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 22, 2022

    You Map's Trade Secrets Row Survives Snap's Ax Bid

    A Delaware federal judge has adopted a magistrate judge's recommendation not to dismiss You Map's trade secrets suit against Snap and a subsidiary over social mapping technology, ruling Thursday that You Map offered enough details on how they allegedly swiped its proprietary software.

  • September 22, 2022

    VMware Sues Ex-Employee In Del. Over Stock Option Dispute

    Cloud technology company VMware Inc. sued a former employee in Delaware Chancery Court over a share redemption dispute, pushing back against a previous suit the employee had filed in California state court.

  • September 22, 2022

    SG Tells Justices To Reject Amgen Patent Enablement Case

    The U.S. solicitor general says that the U.S. Supreme Court should not consider Amgen's appeal of a Federal Circuit decision tossing its jury win against Sanofi and Regeneron Pharmaceuticals Inc. over two antibody patents on its cholesterol medication Repatha.

  • September 22, 2022

    Biopharma Co. Blasts 'Excessive' Fee Bid In Board Pay Case

    After striking a tentative deal to settle a Delaware Chancery suit he filed over alleged "grossly excessive" director pay, an investor plaintiff is now seeking an "excessive" payday for his attorneys, Sage Therapeutics Inc. has told the court.

  • September 22, 2022

    TPC Must Let All Creditors Reject Releases In Ch. 11 Vote

    A Delaware bankruptcy judge Thursday told TPC Group that it can send its Chapter 11 plan to creditors for a vote, so long as the petrochemical maker's unsecured creditors have the option to vote for the plan but opt out of its legal releases.

  • September 22, 2022

    Steel Connect Revises Settlement After Call For Do-Over

    Steel Connect Inc. has revised a proposed settlement with shareholders to end a four-year-old Delaware Chancery Court lawsuit and is seeking approval from the court ahead of a Sept. 30 special stockholder vote on a merger that would take the company private.

  • September 22, 2022

    Del. Court OKs Musk Challenge Of $7.8M Twitter Severance

    The Delaware Chancery Court has allowed Elon Musk to add Twitter's payment of a late-disclosed, $7.75 million severance payment to a security chief turned whistleblower to counterclaims allegedly justifying his walking away from a $44 billion contract to buy the social media giant.

  • September 21, 2022

    Chancery Mulls Post-Appeal Stream TV Order Unwinding

    A Delaware Chancery Court's effort to unwind an overturned order that handed the assets of 3D TV venture Stream TV Networks to its creditors last year edged forward Wednesday, amid concerns that the result could become a costly and vexing round trip.

  • September 21, 2022

    Insurers Begin Filing Appeals Opposing Boy Scouts' Ch. 11

    More than a dozen insurers that opposed the Chapter 11 plan of the Boy Scouts of America filed notices of appeal Wednesday in Delaware's bankruptcy court, kicking off an appeals process two weeks after the debtor's plan was confirmed.

Expert Analysis

  • AML Regulation Of Lawyers Is Imminent And Controversial

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    The U.S. House of Representatives' recently passed National Defense Authorization Act subjects lawyers engaged in certain financial-related activities to anti-money laundering regulation under the Bank Secrecy Act, which could pit lawyers against clients in ways harmful to the rule of law and administration of justice, says Jeremy Glicksman at the Nassau County District Attorney’s Office in New York.

  • Del. Ruling Highlights Challenges Of Data Breach Biz Disputes

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    The District of Delaware’s recent ruling in Doehler v. Davis provides key insight into how data breach accusations might be weaponized in high-stakes litigation between businesses, and highlights how the specter of a data breach alone is likely not enough for a plaintiff to obtain relief, say attorneys at Squire Patton.

  • 3rd Circ. Decision Highlights Enviro Law Notice Requirements

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    The Third Circuit's recent dismissal of Shark River Cleanup Coalition v. Township of Wall is a reminder of an important but often overlooked aspect of citizen suits brought under environmental laws like the Clean Water Act: Plaintiffs' failure to comply with statutory notice requirements can have significant consequences, says Charles Dennen at Archer.

  • What Del. Officer Exculpation Law Means For D&O Insurance

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    Following a recent Delaware code amendment to allow corporate exculpation of officers, businesses considering whether to update their articles of incorporation accordingly should factor in the potential benefits respecting the availability and cost of directors and officers insurance, say Bryan Coffey and Peter Gillon at Pillsbury.

  • Key Adaptations For Law Firms Amid Quiet Quitting Movement

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    While quiet quitting may not be sustainable at law firms with billable hour requirements, there are specific steps law firms should take to maintain engagement and otherwise respond to the trend's underlying message that associates won't spend all their waking hours at work if they don't feel it's worthwhile, says Meredith Kahan at Whiteford Taylor.

  • The Role Of Tweets, Memes, Emoji In Musk Securities Saga

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    Brad Foster at Haynes and Boone reviews securities law scenarios in the coming Twitter v. Musk litigation in Delaware and the class actions waiting in the wings, and explains how Elon Musk's tweets, memes and emoji might come into play.

  • Creating A Hybrid Work Policy? Be Intentional And Inclusive

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    The pandemic has changed expectations for the future of work forever, and as more employees demand hybrid working options, law firms must develop policies and models that are intentional, inclusive and iterative to lead the industry into the future, says Manar Morales at the Diversity & Flexibility Alliance.

  • Wawa Data Breach Is Warning On Swipe Payment Tech Risks

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    Wawa's recent settlement with seven attorneys general resolving an investigation into the company’s 2019 data breach — one of the largest settlements of its kind — is a reminder to merchants of the security and compliance risks associated with not fully migrating from swipe-based to chip-card transactions, say Adam Solomon and Anna Chan at Hunton.

  • A Law Firm's Guide To Humane Layoffs As Recession Looms

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    Amid warnings of a global recession, law firms should prepare for the possibility of associate layoffs, aiming for an empathetic approach and avoiding common mistakes that make the emotional impact on departing attorneys worse, say Jarrett Green, a wellness consultant, and Kate Reder Sheikh at Major Lindsey & Africa.

  • Twitter's Argument Reflects Del. Chancery Stance On Boards

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    Twitter's lawsuit in the Delaware Chancery seeks to force Elon Musk to go ahead with his deal to buy the company under specific performance, a remedy that illustrates Delaware's steadfast and increasing deference to board power over change of control, say J.B. Heaton and M. Todd Henderson at Heaton Henderson.

  • Boy Scouts Ch. 11 Case Highlights Third-Party Release Split

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    The Delaware bankruptcy court's recent approval of major parts of the Boy Scouts’ Chapter 11 plan showcases a split among federal district courts as to whether bankruptcy courts have the constitutional authority to approve third-party releases on a final basis, bringing unpredictability and ambiguity to settlements and dealmaking, say attorneys at V&E.

  • Learning From Trump And Bannon Discovery Strategies

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    Court-imposed sanctions on both former President Donald Trump and his former aide Steve Bannon for failing to comply with subpoenas illustrate that efforts to bar the door to valid discovery can quickly escalate, so litigants faced with challenging discovery disputes should adopt a pragmatic approach, say Mathea Bulander and Monica McCarroll at Redgrave.

  • The Risks In Lateral Hiring, And How To Avoid Them

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    As law firms increasingly recruit laterals, they must account for ethics rules and other due diligence issues that can turn an inadvisable or careless hire into a nightmare of lost opportunity or disqualification, says Mark Hinderks at Stinson.

  • Judges Who Use Social Media Must Know Their Ethical Limits

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    While the judiciary is permitted to use electronic social media, judges and judicial candidates should protect themselves from accusations of ethics violations by studying the growing body of ethics opinions and disciplinary cases centering on who judges connect with and how they behave online, says Justice Daniel Crothers at the North Dakota Supreme Court.

  • Rebuttal

    ABA Is Defending Profession's Values From Monied Influences

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    A recent Law360 guest article suggested that the American Bar Association ignored new opportunities for the legal industry by opposing nonlawyer ownership of law practices, but any advantages would be outweighed by the constraints nonlawyer owners could place on the independence that lawyers require to act in the best interest of their clients, says Stephen Younger at Foley Hoag.

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