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Delaware

  • January 18, 2019

    Enviro Co. Owes Ex-Officers Legal Fees, Chancery Hears

    Two former officers of industrial and environmental cleanup services company USES Corp. filed suit Friday in Delaware Chancery Court seeking to have the company pay legal fees they incurred in connection with a New York lawsuit over the 2014 purchase of the company.

  • January 18, 2019

    3rd. Circ. Sinks Appeal Over Cruise Ship Border Port Search

    The Third Circuit on Friday rejected Fourth Amendment and tort challenges to searches of three cruise ship passengers that took place two days after the court issued a 2008 precedential finding — involving the same vessel — that onboard searches at U.S. borders require “reasonable suspicion.”

  • January 18, 2019

    Pharma Investor Says $180M Deal Proxy Lacks Key Info

    A shareholder of intravenous pain medication developer Avenue Therapeutics Inc. filed suit in Delaware federal court Thursday against the company’s directors alleging a proxy statement describing a $180 million acquisition of the company is misleading due to the omission of material information.

  • January 18, 2019

    Samuels Jewelers Consignor Asks For Inventory Protections

    A consignor that provides inventory to bankrupt retailer Samuels Jewelers Inc. objected Friday to the debtor's proposed asset sale plan, saying its consigned goods would be included in the sale despite the debtor not owning that inventory.

  • January 18, 2019

    Zynga Settles Chancery Insider Stock Sale Suit For $11.25M

    A once-dismissed derivative suit targeting insider trading in 2012 by directors of online game maker Zynga Inc. ended in Chancery Court Friday with an $11.25 million settlement for the company and pruned fee awards for the lead stockholder and class attorneys.

  • January 18, 2019

    Limited's Ch. 11 Trustee Sues Sun Capital Over $42M Transfer

    The trustee for The Limited Stores Co. LLC’s Chapter 11 has sued companies owned by private equity firm Sun Capital Partners Inc., saying the companies took $42 million from the struggling women’s clothing retailer and sent it into bankruptcy.

  • January 18, 2019

    Beauty Brands Gets More Time To Review Ch. 11 Sale Offer

    Bankrupt cosmetics retailer Beauty Brands LLC on Friday received more time to review an offer to acquire 23 of its stores and continue operating them as a going concern as an alternative to a proposed stalking horse bid in its Chapter 11 that calls for a chainwide liquidation.

  • January 17, 2019

    Navient Seeks Quick Win On CFPB's 'Steering' Claims

    Navient Corp. urged a Pennsylvania federal judge on Thursday to narrow the Consumer Financial Protection Bureau's lawsuit accusing it of harmful federal student loan servicing practices, saying the agency hasn't backed up its allegations that borrowers struggling to make payments were steered into opting for costly quick fixes.

  • January 17, 2019

    Medical Device Co.'s Del. Suit Says Competitor 'Sabotaged' It

    Medical device company Neurvana Medical LLC filed a lawsuit in Delaware Chancery Court on Thursday claiming competitor Balt USA LLC and its president are trying to sabotage and destroy Neurvana after the president was ousted from its board for alleged hostile behavior.

  • January 17, 2019

    Del. Justices OK Spinoff's Escape Of Enviro Co.'s $1.6M Suit

    The Delaware Supreme Court ruled Thursday that the Chancery Court correctly tossed a $1.6 million insurance liability suit brought by environmental cleanup firm US Ecology Inc. against the buyer of its spun-off subsidiary, agreeing the sale contract didn't include repayment obligations for noncovered insurance costs.

  • January 17, 2019

    Del. Court Says It Will Stay Open During Shutdown

    The U.S. District Court of Delaware issued an order Wednesday announcing that it will stay open and all staff will be required to keep working without pay, even if the court runs out of funds on Jan. 25 due to what has become the longest federal government shutdown in history.

  • January 17, 2019

    Beauty Brands Del. Ch. 11 Sale Plan Draws Creditor Fire

    Unsecured creditors of bankrupt cosmetics retailer Beauty Brands LLC called Thursday for rejection of the retailer's Delaware Chapter 11 sale plan, arguing for an open auction in lieu of a stalking horse sale led by a liquidation company.

  • January 17, 2019

    Catalina Marketing Reaches Deal On $275M DIP Loan

    Coupon and customer data firm Catalina Marketing Corp. received final approval of its $275 million debtor-in-possession financing Thursday in Delaware after resolving the objection of joint venture partner The Nielsen Company.

  • January 17, 2019

    Chancery's Toss Of $3M Biotech Co. Breach Claim Stands

    The Delaware Supreme Court on Thursday upheld a Chancery Court dismissal of global health care and biosecurity company BioVeris Corp.'s roughly $3 million breach of contract dispute with a former partner, rejecting the company’s argument the lower court misapplied statute of limitations standards.

  • January 17, 2019

    Del. Justices Overturn Chancery-Ordered Oxbow Carbon Sale

    Delaware’s Supreme Court on Thursday vacated a Chancery Court order for a potential multibillion-dollar sale of William I. Koch’s Oxbow Carbon LLC, rejecting the lower court's finding that the forced sale was a justifiable fix for a gap in contract provisions for investors seeking to cash out.

  • January 16, 2019

    Salesforce Board's Salaries Too High, Chancery Suit Says

    An investor filed a derivative lawsuit against Salesforce.com Inc. in Delaware Chancery Court on Tuesday claiming the nonemployee directors for the cloud-based software company are paid excessive salaries that stockholders did not properly sign off on.

  • January 16, 2019

    Justices Weigh 21st Amendment's Scope In Wine Sales Case

    On Wednesday, 100 years to the day after the United States ratified a constitutional amendment making alcohol sales illegal, the U.S. Supreme Court heard arguments in a referendum on the scope of the amendment that made it legal once more and gave individual states broad discretion to regulate the industry.

  • January 16, 2019

    Spinoff Liable For $1.6M Tab, Enviro Firm Tells Del. Justices

    Skeptical Delaware Supreme Court justices homed in Wednesday on a lack of written contract terms to back up an environmental cleanup firm’s appeal claim that insurance bills of a sold-off affiliate should have been picked up by the buyer.

  • January 16, 2019

    Hernia Mesh Maker Can't Revive IP Suit Coverage Bid

    The Third Circuit on Wednesday affirmed that a Chubb Ltd. insurer doesn’t have to cover Tela Bio Inc.’s costs to defend against a trade secrets and unfair competition lawsuit brought by rival LifeCell Corp. over a hernia treatment product, agreeing with a lower court that the underlying action doesn’t contain any potentially covered defamation claims.

  • January 16, 2019

    LBI Media’s Ch. 11 Disclosures Get Nod In Delaware

    A Delaware bankruptcy judge gave his nod to the Chapter 11 plan disclosure statement of bankrupt LBI Media Inc. after objections from junior noteholders pressing for further details were worked out prior to the hearing.

Expert Analysis

  • State Net

    How States Are Preparing For The Next Recession

    Korey Clark Photo.jpg.jpg

    It’s been nine and a half years since the last U.S. recession, and the economy still appears to be going strong. But there are signs trouble may not be far off. The good news for states is that most seem reasonably well prepared for it, says Korey Clark of State Net Capitol Journal.

  • Settlement Counsel Key For Efficient Mass Tort Resolution

    J. Stephen Bennett

    Team-based specialization in mass tort litigation defense allows each member to draw on individual strengths, maximizing their contribution. A core tenet of this approach is using settlement counsel to focus on strategic initiatives and end-game resolution efforts, separate from the heated battle lines of the litigation, say attorneys at Faegre Baker Daniels.

  • Diversity's Next Step: Developing Minority Partners

    Chris King.jpg

    The lack of minority partners comes at a high cost to firms, say attorneys at Lightfoot Franklin & White LLC, as they suggest several practical ways to tackle this problem.

  • 2019 Annual Meeting And Reporting Considerations: Part 4

    Hagen Ganem

    In the final installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP focus on corporate governance best practices such as disclosures related to board evaluations and virtual shareholder meetings; the status of Dodd-Frank and other U.S. Securities and Exchange Commission rule-making matters; and considerations in assessing social media policies.

  • 2019 Annual Meeting And Reporting Considerations: Part 3

    Caroline Kim

    In the third installment of their four-part series, attorneys with Skadden Arps Slate Meagher & Flom LLP consider corporate governance best practices including environmental, social and governance reporting, updates to director and officer questionnaires, board diversity and related disclosures, and shareholder proposals.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • 2019 Annual Meeting And Reporting Considerations: Part 2

    Joseph Yaffe

    In this installment of their four-part series, attorneys at Skadden Arps Slate Meagher & Flom LLP offer insights to companies on executive compensation matters for 2019 — including pay ratio and hedging disclosures, say-on-pay votes and changes in pay practices due to the Tax Cuts and Jobs Act.

  • 2019 Annual Meeting And Reporting Considerations: Part 1

    Brian Breheny

    Each company faces important decisions in preparing for its 2019 annual meeting and reporting season. This four-part series by attorneys at Skadden Arps Slate Meagher & Flom LLP covers essential items on which companies should focus, including corporate governance, executive compensation and disclosure matters.

  • 21st Amendment Vs. Commerce Clause At The High Court

    Alva Mather

    On Wednesday, the U.S. Supreme Court hears argument in Byrd v. Tennessee Wine and Spirits Retailers Association, highlighting the conflict between states’ rights to regulate alcohol under the 21st Amendment and the restrictions in the U.S. Constitution's commerce clause on states’ power to regulate interstate commerce, says Alva Mather of DLA Piper LLP.