Delaware

  • November 17, 2017

    Bank Balks At GST Committee's Bid To Hire Configure

    Bankrupt GST AutoLeather Inc.’s pre- and post-petition lender Royal Bank of Canada took aim Friday at the unsecured creditors committee’s bid to hire investment banker Configure Partners LLC, arguing that the firm is not needed and much too expensive.

  • November 17, 2017

    Inseego Suit Cites Representations Not In Deal, Sellers Say

    Attorneys representing the sellers of Feeney Wireless LLC in a $50 million merger with Inseego Corp. told a Delaware state court judge that fraud claims from the buyer should be tossed because they cite representations made by the seller that were not included in the agreed-upon terms of the transaction.

  • November 17, 2017

    Orexigen Seeks Toss Of Suit Over Drug Trial Leaks

    A lawsuit seeking damages from Orexigen Therapeutics Inc.'s board for sharing confidential information about an unfinished obesity drug trial fails to connect the leaks to any improper intent, a directors' attorney said in arguing for dismissal of the case Friday in Delaware Chancery Court.

  • November 17, 2017

    Del. Court Nails Down $12B Student Loan Trust Control

    Attorneys battling over control of $12 billion worth of investment trusts holding 800,000 securitized student loans moved Friday to settle a key ownership impasse that snarled disputes in multiple courts over slipshod loan management and unsupported default and collection lawsuits.

  • November 17, 2017

    Powersports Co. Velocity Gets OK To Tap $25M Of Ch. 11 Loan

    A Delaware bankruptcy judge gave Velocity Holding Co. Inc. the nod Friday to tap $25 million of its post-petition financing that the motorsports parts and apparel company hopes will help fund a rework of its more than $400 million in debt that ultimately proposes a handover to first-lien creditors.

  • November 17, 2017

    4 New US Atty Nominees Come From Prosecutors' Ranks

    The Trump administration announced nominees to fill four of the outstanding U.S. attorney vacancies on Friday, picking county attorneys in Nebraska and New Hampshire and inviting the federal prosecutors currently leading the Delaware and Oregon offices to stay.

  • November 17, 2017

    Black & Decker Settles Blackbird Rechargable Battery IP Row

    Stanley Black & Decker Inc. settled a lawsuit Thursday initiated by Blackbird Technologies that alleged that its products infringed the asserted claims of a patent covering rechargeable battery accessories for cordless power tools.

  • November 17, 2017

    Aluminum Recycler Hits Ch. 11 With $400M In Liabilities

    Aluminum recycler Real Alloy Holding Inc. hit Chapter 11 on Friday in Delaware with more than $400 million in debt after a challenging secondary metal market and a series of one-time operational setbacks strained its cash flow and made it difficult to satisfy its debt obligations.

  • November 16, 2017

    Rice Energy Slips Proxy Actions After Mooting Disclosures

    Natural gas producer EQT RE LLC escaped several proposed class actions on Wednesday and Thursday over its acquisition by EQT Corp., two weeks after the company made disclosures designed to defang the investor lawsuits and shortly after the merger was completed.

  • November 16, 2017

    NantKwest Investor Sues Insiders Over Restatements

    A NantKwest shareholder filed a derivative suit Thursday against company insiders, saying the board knew the company was misrepresenting tens of millions of dollars in compensation but hid it from shareholders and continued to try to cover it up afterward.

  • November 16, 2017

    Deutsche Bank Takes Hunt For Billionaire Vik To Delaware

    Deutsche Bank extended its hunt to recover roughly $300 million owed from a judgment against Norwegian investor Alexander Vik to Delaware on Thursday, launching a Chancery Court lawsuit alleging that his offshore private equity firm used First State-organized companies to transfer funds beyond the bank’s reach.

  • November 16, 2017

    Ignition Interlock Co. Seller Is Withholding Escrow, Buyer Says

    The private equity firm that purchased ignition interlock device maker 1A Smart Start Inc. in 2015 filed suit in Delaware late Wednesday, saying the seller is trying to claim escrowed funds from the deal despite failing to achieve a favorable result in a tax dispute, as required in the escrow agreement.

  • November 16, 2017

    Del. Court Says Riverstone Letter Key In $180M Suit

    A potential $180 million dispute over property management company Riverstone National Inc.’s sale to another firm in 2014 could largely turn on the intent of a two-page letter and a shareholder group’s failure to raise its losing bid for the company, a Delaware vice chancellor said Thursday.

  • November 16, 2017

    3rd Circ. Won't Revive FCA Suit Against CVS Caremark

    In a precedential ruling Thursday, the Third Circuit affirmed a Pennsylvania federal judge’s dismissal of a False Claims Act lawsuit against CVS Caremark Corp., finding that although the lower court’s reasoning was wrong, the whistleblower failed to show the alleged misrepresentations were important to the government’s decision to pay claims under Medicare Part D.

  • November 16, 2017

    TerraVia's Ch. 11 On Track For January Confirmation Date

    Bankrupt algae-based food maker TerraVia Holding Inc. received interim approval Thursday in Delaware for its Chapter 11 plan disclosures so it can begin soliciting creditors for votes on the plan, which is up for confirmation in January.

  • November 16, 2017

    Fisker Buyer Urges Del. Bankruptcy Court To Toss Stock Suit

    Wanxiang Clean Energy USA LLC and the firm it spun off after buying bankrupt electric carmaker Fisker Automotive urged the Delaware bankruptcy court Thursday to throw out a lawsuit from the liquidating trust challenging an equity sale it says was designed to dilute its stake in the spinoff.

  • November 16, 2017

    3rd Circ. Won't Revive RICO Claims Over Allied Bankruptcy

    The Third Circuit on Wednesday found that investment firm Yucaipa Cos. Ltd. had no standing for its $170 million RICO suit claiming two hedge funds conspired to wipe out its debt claim against bankrupt car hauler Allied Systems Holdings Inc.

  • November 16, 2017

    Theater Denied 3rd Circ. Rehearing Over Movie Interpreter

    The Third Circuit refused to revisit a decision obligating movie theater chain Cinemark USA Inc. to provide tactile interpreters for a deaf-blind moviegoer in an order filed Wednesday.

  • November 15, 2017

    Motorsport Co. Files For Ch. 11, Aiming To Clear $300M Debt

    Velocity Holding Company Inc. and its 18 powersports industry subsidiaries filed for Chapter 11 bankruptcy in Delaware on Wednesday, declaring liabilities of more than $100 million in a comprehensive recapitalization aimed at eliminating $300 million in debt.

  • November 15, 2017

    Altegrity Floats $4M Okla. Tax Commission Deal In Ch. 11

    Reorganized security and information firm Altegrity Inc. sought Delaware bankruptcy court clearance Wednesday to settle $24.9 million in disputed tax claims with Oklahoma for $4 million, after a yearslong series of state and bankruptcy court proceedings.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Pharma Case Highlights Importance Of Unrebutted Evidence

    Joseph O'Malley

    Earlier this month, the Federal Circuit reversed a Delaware state court's decision in Bayer v. Watson, holding that the lower court failed to address the defendants' prior art references. This opinion joins a growing list of Federal Circuit opinions minimizing the objective indicia of nonobviousness, say attorneys with Paul Hastings LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • A Tale Of 2 Cases On 3rd-Party Releases

    Matthew Kelsey

    Before a bankruptcy court can examine whether a nonconsensual third-party nondebtor release is permissible, it must first determine whether it has authority to approve such releases. Two recent — and conflicting — opinions suggest that this determination depends on the bankruptcy court's view as to what "operative proceeding" governs the matter, say attorneys with Gibson Dunn & Crutcher LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.