Delaware

  • November 25, 2020

    Trump Wants Giuliani To Take Center Stage At 3rd Circ.

    President Donald Trump's reelection campaign wants the Third Circuit to hear oral arguments on a bid to reverse President-Elect Joe Biden's win in Pennsylvania, and they want Rudy Giuliani to represent them despite his panned performance in the lower court and the fact that he's not certified for the Third Circuit.

  • November 25, 2020

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

    Ahead of the long weekend, when Americans are most known for gathering and traveling, Thanksgiving-minded governors laid down more restrictions as COVID-19 cases continued surging over the past week.

  • November 25, 2020

    Judge Won't Order Ch. 11 Freeze On Crypto Firm's Assets

    Creditors of bankrupt cryptocurrency investment venture Cred Inc. lost a bid Wednesday to have the Delaware Bankruptcy Court order certain currency exchanges to freeze assets they say are linked to fraudulent diversions from the company.

  • November 25, 2020

    4 Key Insurance Appeals To Watch In December

    Appeals courts will take on several important insurance coverage issues in 2020's final month, with the Delaware Supreme Court set to weigh whether an excess insurer must contribute to Dole's $222 million settlements of stockholder suits and Indiana's high court primed to consider whether a ransomware attack is covered by crime insurance. Here, Law360 breaks down four insurance appeals attorneys will be watching in December.

  • November 24, 2020

    Railroad Operator's Fees Must Be Covered, Chancery Says

    A Delaware vice chancellor ruled Tuesday that American Rail Partners LLC must cover legal expenses incurred by a railroad ownership company that it sued over unjust enrichment claims, saying an agreement in place "unambiguously" provides that expenses be covered.

  • November 24, 2020

    Pa. Certification Means Game Over For Trump, 3rd. Circ. Told

    Pennsylvania counties and election officials urged the Third Circuit on Tuesday to reject an appeal from President Donald Trump's reelection campaign, arguing that his efforts to toss out votes from Democratic-leaning counties were futile and moot after the Keystone State certified President-elect Joe Biden's win there.

  • November 24, 2020

    Networks Say Looser Ownership Rules Could Save Broadcast

    The U.S. Supreme Court must not seal a bleak future for TV networks by maintaining Federal Communications Commission ownership restrictions that prevent local stations from combining, major broadcasters wrote in amicus briefs filed Monday.

  • November 24, 2020

    Chancery Slams Gilead Stonewalling Over Records Demands

    Pointing to "overly aggressive" efforts by Gilead Sciences Inc. to shut down demands for records as part of stockholder investigations into potential company malfeasance over its AIDS drug, a Delaware vice chancellor has ordered the company to cooperate and authorized investors to seek shifting their legal fees to the company, saying Gilead's conduct "epitomizes a trend."

  • November 24, 2020

    Mass. AG Says Gym Chain Ignored Cancellations Amid Virus

    The bankrupt parent company of Boston Sports Clubs has illegally charged fees for unwanted memberships and failed to honor cancellation requests during the coronavirus pandemic, Massachusetts Attorney General Maura Healey alleged in a suit Tuesday.

  • November 24, 2020

    Mallinckrodt Ch. 11 Pauses Express Scripts Antitrust Claims

    The court overseeing Mallinckrodt's bankruptcy proceedings has paused the city of Rockford, Illinois' separate antitrust case against Express Scripts for allegedly working with the troubled drug company to inflate prices of the hormone treatment Acthar.

  • November 24, 2020

    Purdue Pleads Guilty In NJ To Criminal Opioid Conspiracy

    OxyContin maker Purdue Pharma LP's top officer entered guilty pleas Tuesday on behalf of the company to a three-count felony information detailing Purdue's long conspiracy to defeat federal opioid control programs and anti-kickback statutes, part of a wider $8.3 billion criminal and civil settlement with the U.S. Department of Justice.

  • November 24, 2020

    Northwest Hardwoods Plans Speedy Trip Through Ch. 11

    Lumber producer Northwest Hardwoods Inc. told a Delaware judge Tuesday it plans a speedy trip through Chapter 11 and aims to emerge from bankruptcy early next year with roughly $270 million of its debt wiped out and most of its ownership stake handed over to lenders.

  • November 24, 2020

    Home Depot To Pay $17.5M To States Over 2014 Data Breach

    Home Depot Inc. has agreed to pay $17.5 million and improve its data security to resolve a multistate investigation into a 2014 breach that exposed the credit card information of 40 million of its customers nationwide.

  • November 23, 2020

    Fed. Circ. Affirms Hospira's Generic Adrenalin Loss To Par

    The Federal Circuit on Monday affirmed a Delaware federal judge's ruling that Hospira's generic version of Par Pharmaceutical's epinephrine emergency allergy product Adrenalin infringes two valid patents covering the drug, leaving in place an injunction blocking Hospira's generic.

  • November 23, 2020

    Trump Asks 3rd Circ. For 2nd Shot At Upending Pa. Election

    President Donald Trump's reelection campaign asked the Third Circuit on Monday to give it a second chance at tossing enough Pennsylvania votes to swing the state's electors, after his federal lawsuit was dismissed over the weekend.

  • November 23, 2020

    Ex-GC Drops Falsification Suit Against Cash Advance Co.

    A former general counsel for cash advance business Five Hole LLC agreed Monday to drop a suit that claimed the company's chief financial officer falsified records so he and other executives could receive bonuses, telling the court he no longer believed his claims had merit.

  • November 23, 2020

    Philly Refinery Lender Wants $1.3B Ch. 11 Ruling Flipped

    Lenders who lost a Delaware Bankruptcy Court ruling on division of $1.25 billion in insurance proceeds after a Philadelphia refinery explosion in 2019 told a U.S. District Court judge on appeal Monday the winning side wrongly sought to "tear the policy in half."

  • November 23, 2020

    Samsung Can't Slip Android IP Suit Under Two-Dismissal Rule

    A Delaware federal judge has ruled that Samsung Electronics Co. Ltd. must face claims that it infringed St. Clair Intellectual Property's computer power management patents, shutting down the technology giant's claim that a rule barring plaintiffs from refiling previously dismissed claims ends the case.

  • November 23, 2020

    Chancery Nixes Metals Co. Dispute Revived By Del. Justices

    The Delaware Chancery Court has dismissed a dispute that the state's Supreme Court had revived in January over the ownership and debts of a Pennsylvania metals company, finding the suing European investors had failed to join part of the company's prior ownership, and likely couldn't bring them into the case because of their international citizenship.

  • November 23, 2020

    Landlord On Hook For NY Sports Club Tanning Center Lease

    A Manhattan landlord lost a bankruptcy court fight in Delaware Monday over claims that it got burned when a tanning salon licensed to use space in a Town Sports International site in Manhattan was left behind in a Chapter 11 lease rejection move by the gym chain.

  • November 23, 2020

    Pandemic Puts Lumber Giant Northwest Hardwood Into Ch. 11

    Private equity-owned Northwest Hardwoods Inc., the nation's largest hardwood lumber producer, retreated into Chapter 11 in Delaware early Monday, saying fallout from trade disputes with China and the blighting of markets by the COVID-19 pandemic had stunted its ability to service more than $420 million in secured debt.

  • November 22, 2020

    Trump Appeals After Failed Bid To Block Pa. Election Cert.

    President Donald Trump's reelection campaign launched an appeal to the Third Circuit on Sunday following a judge's decision a day earlier rejecting its bid to bar Pennsylvania election officials from certifying Joe Biden's win in the state's presidential election this month.

  • November 20, 2020

    $1B Solar Plant Faces Feasibility Hurdle In Del. Ch. 11

    Unsecured creditors of a massive, bankrupt, $1 billion Nevada solar power plant pressed arguments in Delaware on Friday that Tonopah Solar Energy LLC's Chapter 11 assumptions are far too sunny, with a plan that will earn too little and give away too much.

  • November 20, 2020

    Ex-Fox Rothschild Aide Plans To Appeal Loss In Sex Bias Suit

    A former Fox Rothschild LLP legal aide told a New Jersey federal court Friday that she planned to appeal its October decision dismissing most of her suit alleging that a former lawyer for the firm sexually assaulted her and that Fox Rothschild brushed aside her complaints.

  • November 20, 2020

    One Aviation's $5M Ch. 11 Sale OK'd Despite Opposition

    A Delaware judge on Friday gave his nod to the roughly $5 million sale of aircraft builder One Aviation Corp.'s assets in a difficult Chapter 11 case that included prior failed attempts at a sale, and despite opposition from other potential buyers.

Expert Analysis

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • Del. Solera D&O Decision May Have Limited Impact

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    While the Delaware Supreme Court's recent decision in Solera is a blow for companies in the state seeking protection for certain key appraisal proceedings, the ruling hinges on the insurers' narrow definition of a violation that will trigger directors and officers coverage for securities-related claims, making it unlikely that other jurisdictions will follow suit, say attorneys at Hunton.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • 3rd Circ. Could Select Middle Path On Foreign Discovery Law

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    In a circuit split over whether a U.S. foreign discovery law may be used for private arbitration, the Third Circuit in Axion Holding Cyprus may choose a middle ground by finding that private arbitration under the U.K. Arbitration Act involves sufficient judicial oversight to make it subject to the statute, says Adrienne Koch at Katsky Korins.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Rebuttal

    Courts Are Not Confused About Opioid Insurance Suits

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    Although a recent Law360 guest article claimed that confusion has seeped into decisions concerning insurance coverage for opioid lawsuits, courts have addressed the issue clearly and consistently in holding that commercial general liability policies cover the defense of such cases, say attorneys at Miller Friel.

  • Ex-Informant Ruling Guides On Challenging SEC Enforcement

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    A New Jersey federal court’s recent decision in a dispute between the U.S. Securities and Exchange Commission and a former government informant highlights the agency's obligations as a litigant, and offers guidance for challenging enforcement actions in court, say attorneys at Troutman Pepper.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

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