Delaware

  • March 27, 2017

    High Court Hesitant To Upend Decades-Old Patent Venue Rule

    Some U.S. Supreme Court justices on Monday appeared to question the Federal Circuit’s broad rule governing where patent lawsuits can be filed, though the court struggled with the idea of upending almost 30 years of patent venue practice.

  • March 27, 2017

    RadioShack Unsecured Creditors Balk At Lender Cash Terms

    The newly minted unsecured creditors committee in the bankruptcy case for RadioShack's parent took issue Monday with several elements of the case, such as terms for the use of lender cash and a lack of clarity on the process for liquidating stores, as well as how many are set to close.

  • March 27, 2017

    Outer Harbor Creditors Say $25M In Payments Is 'Suspicious'

    The unsecured creditors committee in the Outer Harbor LLC bankruptcy said Monday it wants to haul various "insiders" into court and force them to testify about roughly $25 million in "suspicious" payments made before the California port services company went under last year.

  • March 27, 2017

    Venezuela's Oil Co. Tries To Shake ConocoPhillips Row

    Venezuela’s state-owned oil company asked a Delaware federal judge Monday to toss ConocoPhillips Co.’s lawsuit attempting to secure billions of dollars of assets amid ongoing international arbitration proceedings, claiming immunity from the suit under the Foreign Sovereign Immunities Act.

  • March 27, 2017

    Zynga Stock Sale Suit Nets $10M Chancery Class Settlement

    Delaware’s Chancery Court approved a $10 million settlement Monday for Zynga Inc. stockholders left behind when some of the company’s directors and officers broke out of a stock sale freeze instituted before the company’s initial public offering in late 2011.

  • March 27, 2017

    Paragon Offshore Shareholders Denied Committee In Ch. 11

    A Delaware bankruptcy judge on Monday rejected a bid from Paragon Offshore PLC shareholders to form an official equity committee, ruling that there just wasn't enough evidence to show they had a shot at a recovery even if they attempt litigation against the oil driller's former parent.

  • March 27, 2017

    Essar Steel Asks Permission To Restart Mine Construction

    Iron ore mining company Essar Steel Minnesota LLC sought court permission Friday in Delaware to use the proceeds of its post-petition financing to fund the costs of restarting construction on its half-completed mine and processing facility.

  • March 27, 2017

    Chieftain Sand Ch. 11 Asset Sale Price Balloons To $35M

    Bankrupt fracking supply firm Chieftain Sand and Proppant LLC received court approval Monday in Delaware for a $35.25 million sale of its assets, a massive increase over the $5 million credit bid offered by its prepetition secured lender as a stalking horse offer.

  • March 27, 2017

    Ryckman Seeks $10M Financing Hike Amid Buyer 'Nibbles'

    A bankrupt Wyoming natural gas storage venture won court approval for up to $10 million in extra Chapter 11 financing Monday, while also reporting new plant startup problems and indications of new investor or buyer interest in the venture.

  • March 27, 2017

    Southern Co. Investors Sue For Records On $7B Coal Plant

    Southern Co. investors asked a Delaware court on Friday for access to company books and records that they say could help elucidate whether pure mismanagement is responsible for staggering cost overruns and delays on a high-profile Mississippi coal plant build.

  • March 27, 2017

    FTC Gets Ex-Patent Atty Testimony Blocked In Androgel Suit

    A Pennsylvania federal judge sided with the Federal Trade Commission in the agency's antitrust suit against AbbVie on Monday, striking an expert report and preventing the testimony of a retired Covington & Burling LLP patent attorney.

  • March 27, 2017

    Alcon Sues Lupin Over Itchy-Eye Solution Generic

    Specialty-drug maker Alcon Research Ltd. hit Lupin Ltd. with a patent infringement suit in Delaware federal court Friday, alleging the generics giant illegally filed a request with the U.S. Food and Drug Administration to start marketing a generic version of Alcon’s brand-new eyedrop formula.

  • March 27, 2017

    Mead Johnson Sued Over $17B Reckitt Benckiser Deal

    A Mead Johnson Nutrition Co. shareholder hit the company with a putative class action on Monday over its $17 billion tie-up with Reckitt Benckiser Group PLC, saying the company left information gaps in key securities filings regarding the deal.

  • March 24, 2017

    Sanctions Warning Shadows Oxbow, Investor Doc Fights

    Days after a Delaware vice chancellor warned of sanctions if excessive discovery battles continue in a fight over the future of William I. Koch's Oxbow Carbon LLC businesses, a new skirmish opened around an Oxbow call for Chancery Court clarification of its most recent document release rulings.

  • March 24, 2017

    NY Law Applies In Chemtura Coverage Fight, Del. Justices Say

    Delaware's high court ruled Thursday that New York law applies to Chemtura Corp.'s entire dispute with Lloyd's of London underwriters over coverage for costs to clean up a pair of contaminated sites, overturning a lower holding that the laws of the states where the underlying claims arose should apply on a claim-by-claim basis.

  • March 24, 2017

    Samson, Magnum Hunter End $17M Claims Fight In Del. Ch. 11

    Samson Resources Co. withdrew more than $16.8 million in oil and gas well claims against a bankruptcy successor to Magnum Hunter Resources late Thursday, citing an earlier settlement deal to wind up loose ends trailing both companies' confirmed Chapter 11 reorganization plans.

  • March 24, 2017

    Paragon Investors Rip Del. Ch. 11 Disclosure, Projections

    Paragon Offshore PLC’s stockholders on Friday attacked what they characterized as manipulated projections of the bankrupt Houston company’s stability, outlook and ability to pay stockholder claims, and urged the U.S. trustee's office to form an official equity committee.

  • March 24, 2017

    Tesla Investors Sue Elon Musk Over SolarCity Merger

    A pair of Tesla Inc. shareholders on Friday filed a putative class action alleging CEO Elon Musk and several other former directors and executives of the electric car maker made false statements about its $2.6 billion purchase of SolarCity Corp. last year.

  • March 24, 2017

    Shareholders Hit PayPal Directors With Suit Over Venmo

    PayPal Holdings Inc. shareholders hit the company and insiders with a derivative class action on Friday over claims that poor governance allowed subsidiary Venmo to play fast and loose with consumer information and practices.

  • March 23, 2017

    Justices Avoid Upending Ch. 11 Creditor Payment Practices

    With its ruling that so-called structured dismissals to end Chapter 11 cases cannot sidestep the Bankruptcy Code's creditor priority scheme, the U.S. Supreme Court avoided going so far as to prohibit deviation from the scheme at any time during a case, instead making a carefully tailored decision that doesn't disturb routine practices, experts say.

Expert Analysis

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • 5 Things To Expect If High Court Reverses TC Heartland

    Jenny Colgate

    If the U.S. Supreme Court reverses the Federal Circuit in the TC Heartland patent venue case, it will present a dramatic change for practitioners who were not litigating patent cases before 1988, say Jenny Colgate and Nechama Potasnick of Rothwell Figg Ernst & Manbeck PC.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Why Tribes Should Be Careful With Bankruptcy Practices

    Lynne B. Xerras

    In Casino Caribbean v. Money Centers last month, the U.S. Bankruptcy Court for the District of Delaware ruled that tribal sovereign immunity is not abrogated by Section 106 of the Bankruptcy Code. This decision makes it clear that many bankruptcy courts do not consider Native American tribes to be "governmental units," say attorneys with Holland & Knight LLP.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.

  • Fair To Whom? Examining Delaware's Fair Summary Standard

    Miles D. Schreiner

    Under Delaware’s corporate-friendly disclosure regime, shareholders are entitled only to a fair summary of a financial adviser’s work. This standard, coupled with recent developments in Delaware law, leaves retail investors with no recourse to obtain truly fair consideration for their shares in connection with unfair mergers, say Miles Schreiner and Juan Monteverde of Monteverde & Associates PC.

  • MLP Agreement Lessons From Delaware High Court

    Matthew J. O’Toole

    Three Delaware Supreme Court decisions over the last year illustrate that the Delaware Revised Uniform Limited Partnership Act provides a master limited partnership sponsor and its counsel substantial flexibility to privately order the affairs of an MLP. The contractual freedom is subject, however, to the limited application of the implied covenant of good faith and fair dealing, say attorneys with Potter Anderson & Corroon LLP.