Delaware

  • October 18, 2021

    Former Del. Chancellor Bouchard Joins Paul Weiss As Partner

    Former Delaware Chancellor Andre G. Bouchard believes he still has much left to give the legal community as he enters the next phase of his career by joining global firm Paul Weiss Rifkind Wharton & Garrison LLP as a partner in its litigation department.

  • October 18, 2021

    Amarin Investors Want 3rd Circ. To Revive Heart Drug Suit

    Investors who poured money into heart-drug maker Amarin Corp. PLC urged the Third Circuit to revive their lawsuit accusing the company and its officials of concealing clinical trial issues that led to a stock crash, saying general warnings about hypothetical possibilities didn't suffice when actual problems arose.

  • October 15, 2021

    3rd Circ. Nixes Injunction In Baking Co.'s Trade Secrets Suit​

    A Third Circuit panel considering Mallet & Co.'s trade secret suit against rival baking equipment maker Synova LLC reversed an order blocking Synova from making certain products and employing former Mallet workers, finding Friday that Mallet must identify the particular trade secrets Synova allegedly misappropriated and demonstrate that they're protected.

  • October 15, 2021

    Appeal Sought Over Chancery's Facebook Class Counsel Pick

    Block & Leviton LLP and Heyman Enerio Gattuso & Hirzel LLP sought a mid-case appeal Friday over a ruling granting class counsel leadership for Delaware stockholder litigation over Facebook security lapses, arguing that the Chancery's choice was both faulty and potentially overbroad.

  • October 15, 2021

    Teligent's Distributors Balk At Customer Risks In Ch. 11

    An unexpected lawsuit that emerged earlier this year from Insys Therapeutics Inc.'s bankruptcy case in Delaware raised concerns on Friday among Teligent Inc.'s largest pharmaceutical distributors that the bankrupt generic-drug manufacturer could put their customer programs at risk.

  • October 15, 2021

    Zydus Infringed AstraZeneca's Diabetes Drug IP, Judge Rules

    A Delaware federal judge held Friday that Zydus Pharmaceuticals infringed an AstraZeneca patent for a diabetes drug, saying Zydus failed during a four-day bench trial to prove that any of the asserted claims were obvious.

  • October 15, 2021

    US Argues Detained Immigrants Don't Require Bond Hearings

    The Biden administration has told the U.S. Supreme Court that the Third and Ninth circuits botched decisions saying the law requires bond hearings for immigrants who have been detained for more than six months with final deportation orders.

  • October 15, 2021

    Nursing Home Chain Gets OK For $25M In Ch. 11 Financing

    A Delaware bankruptcy judge said she will sign off on a nursing home chain's $25 million Chapter 11 financing package from its primary landlord as buyers are sought for the company's 28 facilities in three states.

  • October 15, 2021

    Eagle Hospitality To Float $380M Cash Payout In Ch. 11 Plan

    Eagle Hospitality Group has rolled out a plan and disclosure statement for its Delaware Chapter 11 liquidation, aiming to complete voting by Dec. 9 and secure a confirmation on Dec. 16 or 20 for a liquidation that will pay about $379.5 million to top creditors in the 15-hotel bankruptcy.

  • October 15, 2021

    Resistance To J&J's Bankruptcy Gambit May Be Futile

    Attorneys for talc plaintiffs with claims against Johnson & Johnson are determined to challenge the company's legally gray strategy of saddling a bankrupt subsidiary with its billions in talc liability, but experts say that battle will likely be an uphill one.

  • October 15, 2021

    Atty Asks Del. Justices To Eye Claim Over Racism Accusation

    A former Bayard PA attorney is urging Delaware's Supreme Court to reverse a lower court's decision tossing a defamation suit he filed against another attorney he claims falsely branded him a racist and religious bigot.

  • October 15, 2021

    3rd Circ. Revives Tax Evader's Deportation Challenge

    The Board of Immigration Appeals incorrectly found that a piece of late 1990s legislation barred an Italian man convicted of tax evasion from deportation relief, the Third Circuit said, sending the case back to the board for further review.

  • October 15, 2021

    Mallinckrodt Ch.11 Plan Under Fire From Multiple Angles

    The drugmaker Mallinckrodt is facing more than a dozen objections to its proposed reorganization plan as it heads for a confirmation hearing in a Delaware bankruptcy court in just over two weeks, on grounds ranging from liability releases to insurance claims to bond terms.

  • October 15, 2021

    DuPont, Others Must Face NJ Water Co.'s Pollution Suit

    A New Jersey federal judge won't let Corteva Inc., DuPont de Nemours Inc. and others escape a suit from Suez Water New Jersey Inc. alleging they allowed per- and polyfluoroalkyl substances, or PFAS, into the state's waterways, saying the utility has sufficiently alleged injuries resulting from contamination.

  • October 14, 2021

    IP Forecast: Amazon To Fight 'Jewish Stereotype' Claims

    U.S. District Judge Alan Albright next week will hear an Israeli kitchen technology startup's allegations that lawyers for Amazon played on Jewish stereotypes to bias a Texas jury into finding that the retail giant didn't infringe patents on voice-ordering technology. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 14, 2021

    Corteva Unit To Pay $3.35M For Texas Pollution Complaint

    Corteva unit E.I. du Pont de Nemours has agreed to pay a $3.35 million penalty to put away allegations it polluted the water and air at a manufacturing facility in southwest Texas along the Louisiana border.

  • October 14, 2021

    Del. Justices Uphold Mixed $6M Ruling On Solar Co. Breaches

    Delaware's Supreme Court upheld on Thursday a partial, $6.1 million Chancery Court win for investors who sued the manager of a solar power venture for fiduciary breaches and fraud after a disastrous performance, only to see some claims fall to litigation missteps and the solar company's bankruptcy.

  • October 14, 2021

    Software Firm Cerego Hit With Records Request In Chancery

    A director of an adaptive learning platform that uses artificial intelligence to boost student outcomes sued the San Diego-based company in Delaware's Court of Chancery Thursday, alleging that its board and officers are withholding information "to cover up the company's mismanagement."

  • October 14, 2021

    Abrams & Bayliss 'On The Line' In Biogen Fee-Shift Request

    Pharmaceutical company Biogen Inc. narrowly avoided a shareholder's demand that it pay for driving up litigation costs in a Delaware Chancery books and records case, but its counsel Abrams & Bayliss LLP nevertheless left court Thursday with a stern warning that the firm was right "on the line" of breaking the rules.

  • October 14, 2021

    Purdue Ch. 11 Plan Challenges Won't Hit 2nd Circ. Right Away

    A New York bankruptcy judge on Thursday denied a motion from parties appealing the confirmation of Purdue Pharma's Chapter 11 plan to bypass the normal appellate channels and bring their arguments directly to the Second Circuit.

  • October 14, 2021

    Chancery Rejects CytoDyn Dissidents' Late Board Slate Bid

    The Delaware Chancery court has denied a stockholder bid to force CytoDyn to include a slate of dissident board candidates in its upcoming election, saying the investors were playing "fast and loose" with the nomination process.

  • October 14, 2021

    Pharma Co. Teligent Opens Ch. 11 In Del. With $130M Debt

    Generic pharmaceutical company Teligent Inc. sought Chapter 11 protection in Delaware on Thursday with nearly $130 million in debt and plans for a sale, saying it has been dealing with "regulatory headwinds" and the impact of the COVID-19 pandemic.

  • October 14, 2021

    Nursing Home Chain Gulf Coast Health Care Hits Ch. 11

    Three-state nursing home chain Gulf Coast Health Care LLC and 64 affiliates sought Chapter 11 protection in Delaware on Thursday, citing pandemic-driven operating costs, "crippling" staff woes and plans for a management turnover triggered by a $217 million rent acceleration.

  • October 13, 2021

    Jessica Simpson Can Bid For Control Of Her Fashion Line

    A Delaware federal bankruptcy judge has given pop star Jessica Simpson the green light to put in a bid in the hopes of controlling the clothing line that bears her name from bankrupt Sequential Brands Group Inc., according to an order issued Wednesday.

  • October 13, 2021

    Biden Admin. Plans 'Ambitious' Wind Farms On US Coastline

    U.S. Department of the Interior Secretary Deb Haaland on Wednesday said her agency is working on an "ambitious roadmap" to develop wind farms along almost the entire U.S. coastline, as part of the Biden administration's goal to increase renewable energy production.

Expert Analysis

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Opinion

    No Signs Of Turning, Tide Of Insurer COVID Wins Persists

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    The trend of COVID-19 business interruption decisions favoring insurers continues to hold strong — any commentary to the contrary is striking a narrative that is not borne out by reality, say attorneys at Dentons.

  • Practical Implications Of Delaware's New Demand-Futility Test

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    In United Food and Commercial Workers Union v. Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • Upshots Of Del. Holding On Appraisal Rights Waivers In M&A

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    The Delaware Supreme Court's recent Manti v. Authentix holding offers key takeaways clarifying the enforceability of the dual approach of appraisal waivers and drag-along rights, to keep common stockholders in check in a merger or stock sale, while also framing the contexts in which these waivers might not be enforceable, say attorneys at Troutman Pepper.

  • Opinion

    Bankruptcy Venue Reform Bill Needs Amending

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    The Bankruptcy Venue Reform Act, currently pending in Congress, goes too far in limiting Chapter 11 filings to jurisdictions where a debtor's principal assets or headquarters are located; we propose a more targeted solution that considers the current reality of complex corporate structures, say Kenneth Rosen and Philip Gross at Lowenstein Sandler.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • 2 Cases Will Help Shape Opioid Litigation Insurance Coverage

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    Upcoming decisions from the Ohio and Delaware high courts in Acuity v. Masters Pharmaceutical and Rite Aid Corp. v. ACE American Insurance, respectively, on whether insurers must defend policyholders in prescription opioid litigation filed by government entities are sure to provide precedent for resolution of these coverage issues nationwide, say Courtney Horrigan and Kateri Persinger at Reed Smith.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • Manufacturers Face Evolving COVID-19 Legal Challenges

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    Product manufacturers must adopt new strategies to defend against pandemic-related legal challenges, including discovery delays in health care litigation, novel consumer protection claims, aggressive government enforcement actions and supply chain disputes, says Stephanie Laws at Maslon.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • Shareholder Ruling Resolves Dual-Natured Claim Uncertainty

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    The recent Delaware ruling in Brookfield v. Rosson, which eliminates the ambiguity surrounding so-called dual-natured direct and derivative claims, eases 15 years of tension around the doctrine and clears a path for corporate deal makers, say attorneys at MoFo.

  • Overlooked Patent Cases: Foreign Activity Liability, Damages

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    Patentees should be aware that a trend from recent, potentially overlooked district court cases — recovery of damages for foreign sales based on domestic patent infringement — brings with it unique challenges, like pleading requirements for exported software, and unique opportunities, like the availability of burden shifting, say attorneys at Akin Gump.

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