Delaware

  • September 18, 2017

    3 Takeaways From Delaware's TC Heartland Venue Guidance

    The District of Delaware's chief judge recently held in two rulings that companies must have permanent ties to the state to face patent suits there following the U.S. Supreme Court's TC Heartland ruling, and his analysis could keep many generic-drug cases in his court. Here's what attorneys can learn from the decisions.

  • September 18, 2017

    Well Owners Want Maxus To Close $15M Ch. 11 Sale

    BHP Billiton on Friday urged a Delaware bankruptcy judge to force Maxus Energy to complete the $15.3 million sale of its stake in a large oil and gas well asset operated by BHP, noting that the deal has not closed despite gaining court approval months ago.

  • September 18, 2017

    Wilmington Trust Seeks Fed Reserve Docs Before Fraud Trial

    Wilmington Trust Corp. has told a Delaware federal court that the Federal Reserve is in possession of documents that could help the bank defend against charges it hid hundreds of millions of dollars’ worth of overdue loans from investors and regulators.

  • September 18, 2017

    Perfumania Shareholder Wants Ch. 11 Confirmation Delayed

    A Perfumania shareholder pushed the Delaware bankruptcy court late Friday to postpone the fragrance company’s Chapter 11 confirmation hearing, scheduled for Oct. 6, because its bid to have an official equity committee formed has yet to gain traction with the U.S. trustee’s office.

  • September 18, 2017

    Aerosoles' Parent Co. Takes First Steps In Brisk Ch. 11 Case

    Footwear producer and retailer Aerogroup International Inc. on Monday secured initial approvals needed to meet a Nov. 29 asset sale deadline in a Chapter 11 case to be financed from available cash that senior creditors agreed to release despite its designation as debt collateral.

  • September 18, 2017

    Towers Watson Settles $18B Willis Merger Appraisal Suit

    Towers Watson & Co. has quietly settled an 18-month-old appraisal lawsuit filed in Delaware Chancery Court by investors unhappy with their consideration in the company's $18 billion merger with Willis Group Holdings PLC, with terms of the deal as yet undisclosed.

  • September 18, 2017

    CFPB Inks $22M In Settlements With Student Loan Cos.

    Several private student loan holding trusts and their debt collector will pay nearly $22 million in fines and borrower reimbursements to head off lawsuits by the Consumer Financial Protection Bureau after the agency accused them of suing thousands of people to collect debts that they couldn’t prove were owed.

  • September 18, 2017

    Takata Injury Claimants Get More Time To Probe Financing

    A Delaware bankruptcy judge on Monday gave Takata Corp. personal injury claimants more time to challenge the unusual funding arrangement that the debtor has with its automaker customers, over the objections of both parties, ruling that to do otherwise would improperly curb their due process rights.

  • September 18, 2017

    Hospira Tells Jury Biosimilar Was Covered By Safe Harbor

    Pharmaceutical company Hospira Inc. told a freshly empaneled Delaware federal jury Monday that its production of a biosimilar version of an Amgen Inc. biologic anemia treatment doesn’t infringe Amgen’s patents because the product was just used for testing and regulatory purposes.

  • September 18, 2017

    Attys Shed Suit Over $1.3M In Insurance Claims At 3rd Circ.

    A three-judge Third Circuit panel agreed Friday that there was not enough evidence to force a pair of Claims Worldwide LLC attorneys to face trial on allegations that they conspired to submit $1.3 million in false insurance claims on behalf of a Philadelphia church.

  • September 18, 2017

    3rd Circ. Ends Suit Over UPenn Nuclear Researcher's Cancer

    The Third Circuit affirmed Monday the dismissal of a negligence suit alleging the University of Pennsylvania failed to protect a nuclear researcher from being exposed to radiation that purportedly caused him to get fatal brain cancer.

  • September 18, 2017

    Delaware Loses Face Despite Biz-Friendly Moves

    Delaware’s reputation has fallen off its perennial pedestal as the friendliest litigation hub for business, and both political and judicial decisions that shocked the corporate world are getting blamed — ironically against a backdrop of other court rulings perceived as too cozy for corporations, experts say.

  • September 18, 2017

    Mary Kay Workers Say Exotic Dancer Ruling Revives Suit

    The leader of a proposed class of Mary Kay Inc. workers seeking to revive a lawsuit alleging the company forced beauty consultants to buy company merchandise as part of their employment has told the Third Circuit that its recent decision in a class action over underpayment at a New Jersey adult nightclub supports their claims.

  • September 15, 2017

    CBS Says Redstone's Bonus Was Informed Business Decision

    An attorney representing CBS Inc. and its board of directors told a Delaware Chancery Court judge Friday that the compensation awarded to an ailing Sumner Redstone in 2015 and 2016 was a measured action of the board’s compensation committee and is protected by the business judgment rule.

  • September 15, 2017

    3rd Circ. Ends Union Pacific Employee's Pension Suit

    A split Third Circuit panel on Friday rejected a former Union Pacific employee's challenge to the calculation of his retirement payout, saying plan administrators should receive deference when interpreting ambiguous pension plan terms.

  • September 15, 2017

    Bostwick Labs Gets Confirmation Of Uncontested Ch. 11 Plan

    Bankrupt cancer diagnostics firm Bostwick Laboratories Inc. had its Chapter 11 liquidating plan confirmed in Delaware on Friday, with no parties objecting to the plan, which will see an administrator pursue possible causes of action against company insiders.

  • September 15, 2017

    $20M TerraVia Asset Sale OK'd After Ch. 11 Contract Snag

    A $20 million sale of bankrupt algae-based food developer TerraVia Holding Inc.’s assets won a Delaware judge’s approval Friday, after nearly stumbling over disputed requirements for protection of federal agency interests in some of the company’s contracts.

  • September 15, 2017

    Justice Strine Catches Flak For Delaware's Diminished Rep

    Delaware’s Chief Justice Leo E. Strine Jr., with his biting wit and forceful personality on the bench, is facing fire from some for the First State’s tarnished reputation among many business leaders, with attorney Alan Dershowitz calling him “an unfortunate face” for the state.

  • September 15, 2017

    E-Cig Trustee Taps Cozen As GC, Fox Rothschild In D&O Case

    A Delaware bankruptcy court Thursday gave the Chapter 7 trustee for bankrupt e-cigarette maker NJOY Inc. the green light to employ Cozen O'Connor as general counsel and Fox Rothschild LLP as special counsel to investigate possible claims against the debtor’s former officers and directors.

  • September 15, 2017

    Aerosoles Owner Seeks Ch. 11 For $72M Debt Rework, Sale

    Global footwear firm Aerogroup International Inc., maker of the well-known Aerosoles brand, sought Chapter 11 protection in Delaware early Friday, reporting plans to close most retail stores, restructure its $72 million debt and seek a buyer or new investor for the private equity-controlled business.

Expert Analysis

  • Implicit Bias' Questionable Role In Employment Litigation

    James McDonald Jr.

    Implicit bias has enjoyed a sustained focus of research and analysis in academia, and it is an increasingly popular topic of discussion among employment lawyers. However, whether implicit bias as a concept has any usefulness in employment discrimination litigation is not at all clear, says James McDonald Jr. of Fisher Phillips.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How Trulia Continues To Affect M&A Litigation

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    The M&A litigation landscape was dramatically altered by the Delaware Chancery Court’s 2016 decision in Trulia. Here, Dan Toal and Geoff Chepiga of Paul Weiss Rifkind Wharton & Garrison LLP discuss the evolving impact of the case and what companies can expect when facing stockholder challenges.

  • Charting A Course To Business Judgment Review

    Stacy Nettleton

    The Delaware Chancery Court’s recent decision to dismiss a shareholder suit challenging the sale of Martha Stewart Living Omnimedia confirms that there is a path to business judgment rule review, at the pleading stage, of third-party mergers of controlled companies where disparate consideration creates a conflict for the controlling stockholder, say Stacy Nettleton and Christie Di Guglielmo of Weil Gotshal & Manges LLP.

  • The Environmental Impact Of Hurricanes: From Sandy To Irma

    Robert Horkovich

    Five years ago, John Nevius of Anderson Kill PC wrote a Law360 article addressing the risks that followed in the wake of Hurricane Sandy. Today, those tasked with assessing and mitigating the enormous destruction wrought by Harvey and Irma will benefit from the late Nevius' analysis, which his colleague Robert Horkovich discusses in this update.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Welcome To Wilmington: What Patent Lawyers Need To Know

    Sherry Salmons

    While Wilmington, Delaware, is generally a pro-plaintiffs venue, there are also avenues by which corporate defendants can gain significant traction in this town, says Sherry Salmons of Salmons Communications Consulting.

  • Don't Want To Be The Next Kodak? Embrace Blockchain

    Dario de Martino

    The opportunities presented by blockchain and cryptocurrencies are exciting. But failure to understand these technologies may trigger a Kodak moment, and put successful companies at the mercy of those that quickly pivoted, say Dario de Martino and Spencer Klein of Morrison & Foerster LLP.

  • States Vs. Uncle Sam: Federal Bonds As Unclaimed Property

    Brendan Ballard

    States are continuing to assert claims against the federal government over unredeemed federal savings bonds under their respective unclaimed property statutes. Billions of dollars are at stake, and recent decisions from the U.S. Court of Federal Claims appear to have breathed new life into the claims, say attorneys with Eversheds Sutherland.