Delaware

  • July 21, 2017

    Ohio Can’t Tax Del. Trust Over Stock Sale, Justices Told

    A Delaware trust that netted $18 million from the sale of stock in an Ohio trucking logistics company has asked the Supreme Court to prevent the state of Ohio from slapping it with income taxes, arguing the state lacks taxing authority to do so.

  • July 21, 2017

    Intel Says AVM Can't Reverse Loss In $2B Patent Trial

    Intel Corp. urged a Delaware federal judge on Friday to shut down rival AVM Technologies LLC's bid to undo its loss in a $2 billion patent infringement trial, saying the evidence amply supported Intel's belief that its circuits' functionality was different from that spelled out in the intellectual property at issue.

  • July 21, 2017

    Watchdog Says Keystone Tube Releases Forced On Creditors

    The U.S. trustee objected Friday in Delaware to broad releases included in the Chapter 11 plan of metal fabricator Keystone Tube Co. LLC, saying the releases are being forced on unsecured creditors whose claims are impaired under the plan.

  • July 21, 2017

    Dow’s Trade Secrets Suit Doesn’t Belong In Del., Court Told

    A Turkish chemical company said Friday that its scant corporate ties to Delaware failed to support Chancery Court jurisdiction for a Dow Chemical Co. lawsuit seeking broad damages for the alleged theft of Dow secrets used to make competing products.

  • July 21, 2017

    20 Democratic AGs Ask Trump To Defend DACA Program

    A group of 20 Democratic attorneys general asked President Donald Trump on Friday to defend the Obama administration program allowing unauthorized immigrants who arrived as children to stay in the U.S., a request that came against a backdrop of opposition from some Republican state AGs and an uncommitted White House.

  • July 21, 2017

    Chancery Appraisal Cuts Sprint-Clearwire Deal Price In Half

    A Delaware Chancery judge on Friday appraised the per-share value of Clearwire Corp. at $2.13 in its $3.6 billion buyout by Sprint Nextel Corp., lower than half of the market price, dealing a major blow to Aurelius Capital Management LP, which pushed for an appraisal roughly eight times higher.

  • July 21, 2017

    Potential EFH Bidder Granted Emergency Deal Discovery

    The largest creditor of bankrupt Energy Future Holdings Corp. received court approval Friday in Delaware for its discovery request seeking information about the deadlines included in a $9.1 billion acquisition offer from Warren Buffet's Berkshire Hathaway ahead of a scheduling conference on the sale proposal.

  • July 20, 2017

    Paragon Puts Rig Assets In Ch. 11 For Lack Of Transfer Deal

    Two days after Paragon Offshore PLC’s Chapter 11 plan took effect, the company on Thursday put offshore drilling subsidiaries into bankruptcy after a deal with SinoEnergy Capital Management Ltd., which has a sale-leaseback arrangement connected to the assets, to transfer them to the reorganized company remained elusive.

  • July 20, 2017

    Greatbatch, AVX Argue Final Details Ahead Of Patent Trial

    Medical device makers Greatbatch Ltd. and AVX Corp. nailed down more details Thursday for two upcoming trials in a four-plus-year patent fight, with a weeklong jury trial over two Greatbatch infringement claims against AVX slated for next month in Delaware.

  • July 20, 2017

    Delaware Court Weighs Israel's Reach In Car Firm's Ch. 15

    An attempt to pull the plug on a suit in Israel against former directors of a defunct electric-car maker set off sparks Thursday in a Delaware bankruptcy courtroom, with one side warning that the outcome could shake corporation law and U.S. public policy.

  • July 20, 2017

    Chancery Halts ServiceMesh Case For Criminal Investigation

    A Delaware Chancery judge on Thursday granted the U.S. government’s request to halt all discovery in a case alleging the founder of cloud computing company ServiceMesh Inc. paid bribes to score nearly $100 million in earn-out payments from the company's sale, so the feds can finish a criminal investigation.

  • July 20, 2017

    Takata Seeks Ch. 11 Rep For Future Air Bag Injury Claimants

    Bankrupt air bag maker Takata asked a Delaware federal judge Thursday to appoint a representative to handle the claims of customers who sustain injuries from the company’s air bags after the filing of its Chapter 11 case.

  • July 20, 2017

    US Fights Essar Exec's Bid For Tax Penalty Protection

    The federal government asked a Delaware bankruptcy court Wednesday to deny a bid by the former CEO of Essar Steel Minnesota for protection from the IRS, insisting that the court lacks authority to grant the request.

  • July 20, 2017

    Bar Code Co. Gets Patent Suit Moved Under TC Heartland

    A South Carolina federal judge sent a patent suit against The Code Corp. over bar code reader technology to Utah this week, while a judge in Delaware noted a “growing consensus” among courts that the U.S. Supreme Court’s recent TC Heartland decision on venue was not a change in the law.

  • July 20, 2017

    Citigroup Says Litigation Demand Failure Dooms Case

    Attorneys for Citigroup Inc. told a Delaware judge on Thursday that a derivative suit should be tossed because the investors who brought it did not adequately show that the company’s board of directors acted in bad faith when presented with information about Citigroup subsidiaries' illegal acts.

  • July 20, 2017

    NJOY Bankruptcy Converted To Ch. 7

    A Delaware bankruptcy judge agreed Wednesday to convert the Chapter 11 bankruptcy of e-cigarette maker NJOY Inc. to a Chapter 7, following a $30 million asset sale and the departure of its last remaining executive.

  • July 19, 2017

    Constellation Avoids Ch. 7 Conversion With Funding Deal

    Bankrupt metal fabricator Constellation Enterprises LLC staved off a conversion of its case to a Chapter 7 liquidation Wednesday when it told a judge in Delaware that it had reached a deal with an asset purchaser to fund its case while it pursues a settlement with its jilted employees.

  • July 19, 2017

    Unilife Receives Court OK For Sales To Credit Bidders

    Bankrupt medical device maker Unilife Corp. received court approval Wednesday in Delaware for three sale transactions following an auction Monday that will wipe more than $40 million in debt from the company's balance sheet.

  • July 19, 2017

    Chancery Tosses Suit Over Swift Founder's Borrowing

    A Delaware Chancery judge on Wednesday threw out derivative claims alleging Swift Transportation Co.’s board failed to control founder and retired CEO Jerry Moyes' practice of borrowing against his stake in the company, ruling that “at bottom” the suing shareholder simply disagrees with the directors’ business judgment.

  • July 19, 2017

    3rd Circ. Upholds Toss Of Oil Producer Claims To Sold Oil

    In a decision with broad implications for the nation’s oil and gas industry, the Third Circuit on Wednesday upheld a 2015 district court ruling that rejected unsecured oil producer claims against companies that purchased their oil from a bankrupt intermediary.

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Heller Sequels And 2nd Amendment, Still Undecided: Part 1

    Robert Ludwig

    In the first installment of this three-part series, attorney Robert W. Ludwig takes a deep dive into the controversial history of Second Amendment jurisprudence.

  • The ‘Failing Firm’ Defense: Pointers From A Blocked Deal

    Danyll Foix

    The recently blocked merger between EnergySolutions and Waste Control Specialists not only confirms that exclusive negotiation, or “no talk,” terms in transactions can thwart antitrust defenses like the “failing firm” defense, but also illustrates how parties may implement these terms without creating antitrust problems, says Danyll Foix of BakerHostetler.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rising Shareholder Demands Drive New Insurance Solutions

    Sarah Katz Downey

    As shareholders increasingly demand to inspect companies' books and records, the corresponding increase in costs of responding to those demands has raised concerns among directors and officers. Fortunately, there are now a number of different options for insuring such costs, say Sarah Katz Downey of Marsh USA Inc. and Anthony Paccione and Jason Vigna of Katten Muchin Rosenman LLP.

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Daubert And Product Liability: Mid-2017 Update — Part 1

    Max Kennerly

    A good way to understand the state of the Daubert standard in product liability cases is to examine the four most recent published circuit court opinions. All have one thing in common: The defendants framed Daubert as a matter of pseudoscientific absolutes, and the courts rejected the defendants at every turn, says Max Kennerly of Kennerly Loutey LLC.