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Delaware

  • September 21, 2018

    United Technologies Lands Parts Contract Worth Up To $2.5B

    United Technologies Corp. will receive up to almost $2.5 billion to provide parts for the U.S. Air Force under a contract modification, while PoleZero Corp. nabbed a nearly $66.7 million award for military aircraft equipment and services, according to a pair of announcements.

  • September 21, 2018

    Jury Finds Overstock.Com Guilty Of $3M Escheat Holdback

    A Delaware jury took little more than a hour to find Overstock.com guilty of concealing nearly $3 million in abandoned gift card balances from Delaware’s revenue agency, after a six-day whistleblower trial that could lead to a treble damages sanction.

  • September 21, 2018

    June DHS Memo Can't Justify Ending DACA, 2nd Circ. Hears

    A coalition of states challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program urged the Second Circuit Thursday to uphold their equal protection and procedural claims, asserting that the government’s arguments to the contrary improperly rely on a recent U.S. Department of Homeland Security memo.

  • September 21, 2018

    Class Alleges Genworth Is Sinking Own Long-Term Care Unit

    Insurance holding company Genworth Financial was hit with a putative class action in Delaware Chancery Court on Friday by holders of long-term care policies from one of its subsidiaries, who allege that the parent company is sabotaging their benefits by fraudulently transferring the subsidiary’s assets to its other units.

  • September 21, 2018

    Battle Brewing Over Weinstein's Info Request In Del. Ch. 11

    The Weinstein Co. Holdings LLC filed an objection on Thursday in Delaware bankruptcy court to what it claims is a "burdensome" request by Harvey Weinstein seeking documents about his rights to certain films and projects.

  • September 21, 2018

    Consumer Seeks Full 3rd Circuit Redo Of Toxic Talc Ruling

    Alleging that the Third Circuit contradicted its own prior rulings and created a split with the Ninth Circuit by dismissing a Johnson & Johnson consumer’s proposed class action over talcum powder as “buyer’s remorse,” the customer’s attorneys on Friday asked for the full court to rehear the case.

  • September 21, 2018

    Allergan, Tribe Sue Pharma Co. Over Restasis Patent

    Allergan PLC and the Saint Regis Mohawk Tribe slapped generic drug manufacturer Amneal Pharmaceuticals with a patent infringement suit over the dry-eye drug Restasis in Delaware federal court on Thursday, even as the fate of related patents for the drug hangs in the balance at the Federal Circuit.

  • September 21, 2018

    Chancery Agrees To Master For $15B Student Loan Trust

    Noting months of costly disagreements and litigation among parties to a troubled $15 billion fleet of student loan trusts, a Delaware vice chancellor agreed Friday to appoint a special master to handle disputes involving the trusts' owners, investors, agents and administrators.

  • September 21, 2018

    MabVax Stock Actions Stand Amid Pump-And-Dump Claims

    A Delaware vice chancellor on Thursday let stand a series of stock conversions that biotech company MabVax Therapeutics Holdings Inc. had worried were in question due to claims of a “well-planned” and “extensive” pump-and-dump scheme that is the subject of a recent federal lawsuit.

  • September 21, 2018

    Chancery Judge Says Goldman Settlement Makes No Sense

    A Delaware Chancery Court judge expressed confusion Friday over the nature of a settlement proposed among a shareholder of Goldman Sachs Group Inc. and the company's directors, saying the deal didn't make sense and didn't offer a balanced result because the board members weren't giving up the stock awards at the center of the excessive compensation complaint.

  • September 21, 2018

    Fosamax MDL Revival Must Be Nixed, US Tells High Court

    The Office of the U.S. Solicitor General has urged the U.S. Supreme Court to overturn a Third Circuit decision reviving multidistrict litigation over Merck Sharp & Dohme Corp.’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax, saying such claims are preempted because regulators rejected the company's proposed warning.

  • September 21, 2018

    Claire’s Gets Nod On Ch. 11 Plan After Clinching Creditor Deal

    A Delaware bankruptcy judge confirmed accessory retailer Claire’s Chapter 11 plan on a mostly uncontested basis Friday after a three-day confirmation hearing during which stakeholders hashed out the details of a deal struck Monday that granted second-lien creditors higher recovery rates.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Chancery OKs Papa John's Founder's Records Suit For Trial

    A Delaware Chancery Court judge on Thursday declined to dismiss a “books and records” lawsuit filed against Papa John’s by former pizza chain CEO John Schnatter, rejecting company claims that he was using the demands to improperly support a suit to counter actions against him and other employees. 

  • September 20, 2018

    J&M Vendors' Skittishness Threatens Ch. 11 Plan Hopes

    The prospects of discount retailer J&M Sales Inc. getting to a confirmed Chapter 11 plan of reorganization dimmed Thursday, when attorneys for the chain of stores told a Delaware bankruptcy judge that its vendors were wary of signing on to a process where they would provide inventory on shortened terms.

  • September 20, 2018

    Court Master, Corporate Atty Picked For New Chancery Seats

    Delaware Gov. John Carney announced his nomination of two candidates for the expanded bench of the Delaware Chancery Court on Thursday, choosing Chancery Master Morgan T. Zurn and Young Conaway Stargatt & Taylor LLP litigator Kathaleen S. McCormick to fill the newly created seats.

  • September 20, 2018

    3rd Circ. Won't Revive Securities Fraud Row Against Hertz

    The Third Circuit on Thursday refused to revive a putative securities class action against Hertz Global Holdings Inc. over allegedly false and misleading statements about its financial condition and internal controls, saying the explanation that former company executives engaged in mismanagement is more plausible than shareholders' claims of a systemic fraud.

  • September 20, 2018

    Dun & Bradstreet Hit With Securities Suit Over $6.9B Merger

    Shareholders of Dun & Bradstreet on Wednesday filed a proposed class action in Delaware federal court alleging that a proxy statement filed by the company's board in September is "materially incomplete," making shareholders unable to properly assess the fairness and financial implications of its potential $6.9 billion merger with a buying group led by CC Capital.

  • September 20, 2018

    Del. Justices Uphold Duty Waiver In $43M LLC Sale

    Citing a fatal lack of specifics, Delaware’s Supreme Court declined Thursday to overturn the dismissal of a suit alleging unfair dealing in the $43 million sale of a limited liability company serving disabled children, despite facts “arguably” supporting impropriety claims.

  • September 20, 2018

    Groupon Says $82M Verdict In IBM Patent Suit Was Too High

    Groupon Inc. asked a Delaware federal court on Wednesday to toss what it claims was a "runaway jury verdict" awarding $82.5 million to IBM Corp. after finding Groupon infringed four e-commerce patents dating back to the early days of personal computing.

Expert Analysis

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.

  • Leveraging Today's Lateral Associate Market

    Darin Morgan

    With the Milbank/Cravath pay scale once again equalizing compensation at many Am Law 100 firms, there is even more pressure for firms to differentiate themselves to top lateral associate candidates. This presents strategic considerations for both law firms and lateral candidates throughout the recruitment process, says Darin Morgan of Major Lindsey & Africa.

  • Q&A

    Back To School: Stanford's Jeff Fisher Talks Supreme Court

    Jeffrey Fisher

    In this series featuring law school luminaries, Stanford Law School professor Jeffrey Fisher discusses his motivation for teaching, arguing before the U.S. Supreme Court and what the court might look like if Judge Brett Kavanaugh is confirmed.

  • Clearing Up Some Pipeline Permit Questions At 3rd Circ.

    Deidre Duncan

    Two recent decisions from the Third Circuit — Delaware Riverkeeper and Township of Bordentown — indicate that resolving questions related to state appeals of pipeline project permits will ultimately turn on the particulars of the state administrative process, say Deidre Duncan and Clare Ellis of Hunton Andrews Kurth LLP.

  • Calif.'s New Rules For Lawyers Move Closer To ABA Model

    Mark Loeterman

    The first comprehensive overhaul of California's Rules of Professional Conduct in nearly 30 years becomes operational on Nov. 1. Some of the new rules mirror the model language used by the American Bar Association, but many continue to reflect California’s unique approach to certain ethical questions, says Mark Loeterman of Signature Resolution LLC.

  • Analyzing Chancery Decisions On Long-Term Growth Rates

    Toby Reiff

    The selection of a long-term growth rate is one of the key assumptions made when performing a discounted cash flow analysis in business valuation cases. Decisions from recent years illustrate a consistent pattern in the Delaware Chancery Court's growth rate determinations, say Toby Reiff and Josh Reder of Stout Risius Ross LLC.

  • Know The Limits To Atty Public Statements During A Trial

    Matthew Giardina

    The balancing act between protecting attorneys’ speech rights and ensuring unbiased adjudications was highlighted recently in two cases — when Michael Cohen applied for a restraining order against Stephanie Clifford's attorney, and when Johnson & Johnson questioned whether a Missouri talc verdict was tainted by public statements from the plaintiffs' counsel, says Matthew Giardina of Manning Gross & Massenburg LLP.

  • Clarifying The Scope Of Bankruptcy Code 3rd-Party Injunction

    Craig Goldblatt

    The Third Circuit’s decision last month in W.R. Grace contains valuable lessons for insurers on the benefits that can be obtained by a third-party injunction issued under Section 524(g)(4) of the Bankruptcy Code, say Craig Goldblatt and Nancy Manzer of WilmerHale.

  • Q&A

    A Chat With Faegre Client Development Chief Melanie Green

    Melanie Green

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Melanie Green, chief client development officer at Faegre Baker Daniels LLP.

  • Setting A Framework For Disgorgement Insurance Disputes

    Catherine Doyle

    In TIAA-CREF Insurance Appeals, the Delaware Supreme Court struck a blow to insurers seeking to avoid responsibility for settlement payments made by policyholders. Though decided under New York law, this opinion opens the door to a fact-specific analysis that may help policyholders facing similar denials, say Catherine Doyle and Jan Larson of Jenner & Block LLP.