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Delaware

  • May 25, 2018

    Wilmington Trust Securities Fraud Class Reaches $210M Deal

    A class of shareholders accusing Wilmington Trust of concealing information about its fiscal health in its filings with the U.S. Securities and Exchange Commission asked a Delaware federal judge Friday to approve a $210 million deal to end its securities fraud suit.

  • May 25, 2018

    Sun Capital Accused Of Raiding Subsidiaries In RICO Scheme

    Convenience store operator GPM Investments LLC accused Sun Capital Partners Inc. on Friday in Delaware federal court of scheming to pass off $60 million in pension fund withdrawal liabilities that its subsidiary owed as part of a larger pattern of looting companies under its control for profit.

  • May 25, 2018

    Del. High Court Lets Contempt Order Be Enforced In IP Suit

    The Delaware Supreme Court has ruled that a court may enforce contempt orders and sanction a medical software developer who disobeyed court orders during intellectual property licensing dispute proceedings, even if the lower court finds that it lacks personal jurisdiction over him.

  • May 25, 2018

    Biz’s Co-Founder On Hook For $1.9M Tax Bill, 3rd Circ. Says

    The Third Circuit on Friday upheld a $1.9 million judgment against the co-founder of a woodwork fabrication company accused of underpaying three years’ worth of federal payroll taxes, ruling that he had enough control of the business to render him responsible for paying up.

  • May 25, 2018

    Applebee’s Sues Franchisee In Ch. 11 Over Deal Breaches

    The parent company of Applebee’s Neighborhood Bar and Grill sued a bankrupt franchisee in Delaware on Friday, saying the debtor breached franchise agreements by closing several restaurants without permission and ceased making royalty payments several months before its Chapter 11 filings.

  • May 25, 2018

    Weeks Before Oral Args, Mylan Drops AstraZenca IP Appeal

    At the parties' request, the Federal Circuit on Thursday dismissed Mylan Pharmaceuticals Inc.'s bid to upend a lower court decision upholding the validity of AstraZeneca AB's patent on two diabetes drugs, weeks before oral arguments in the appeal, a sign of a possible settlement.

  • May 25, 2018

    Turkish Cos. Must Face Dow Suit Over Paint Trade Secrets

    A trade secret suit brought by Dow Chemical Co. against a group of Turkish companies over developments in paint technology survived a motion to dismiss Friday with a Delaware Chancery Court judge finding that Dow’s complaint adequately pled its claims.

  • May 25, 2018

    Weinstein Arrested On Rape Charges In NYC

    More than seven months after allegations of pervasive sexual misconduct came to light, disgraced film producer Harvey Weinstein turned himself in to the New York City police on Friday morning and was charged with rape, for what prosecutors say were sexual assaults against two women.

  • May 24, 2018

    Del. Judge Won't Rethink Nixing Judicial Political Balance Law

    A Delaware federal judge refused to reconsider a ruling that handed a win to an attorney who challenged a Delaware statute that requires its judicial bench to have a balance of political parties, finding that the state’s Gov. John Carney was trying to make arguments he never made in previous briefings.

  • May 24, 2018

    Del. Clawback Suits Paused For GM NY Bankruptcy Mediation

    Two clawback suits being pursued by the litigation trust formed in the Chapter 11 case of General Motors Corp. will stall after a Delaware Chancery judge on Thursday paused discovery while mediation over allegedly improper transfers of funds to secured lenders continues in New York bankruptcy court.

  • May 24, 2018

    EBH Gets Interim Approval To Tap Into $14.2M Ch. 11 Loan

    Bankrupt addiction treatment network EBH TopCo LLC received interim court approval Thursday in Delaware to draw down on a portion of its $14.2 million debtor-in-possession loan as it pursues a sale to secured senior lenders.

  • May 24, 2018

    Dems Urge Sessions To Uphold Asylum Seeker Protections

    Senate Democrats penned a letter to U.S. Attorney General Jeff Sessions on Wednesday urging him to uphold a Board of Immigration Appeals decision that has allowed certain crime victims seeking refuge in the U.S. to qualify after being recognized as part of a social group, arguing that it would secure critical protections for LGBTQ groups.

  • May 24, 2018

    Chinese Co.'s Suit Over GSK Probe Tied To US, 3rd Circ. Told

    A pair of consultants who alleged that they landed in a Chinese prison after GlaxoSmithKline LLC duped them into investigating an innocent whistleblower told the Third Circuit on Thursday that they meet the “domestic injury” requirement for filing a federal racketeering claim because their business is closely tied to the United States even though it is located in China.

  • May 24, 2018

    Hatch-Waxman Post-TC Heartland: What You Need To Know

    The U.S. Supreme Court's TC Heartland decision, which limited where patent lawsuits can be filed, has led to a bump in cases over generic drugs in Delaware while raising some legal questions and strategic issues for pharmaceutical companies.

  • May 23, 2018

    CBS Seeks Approval Of Redstone Vote Dilution

    CBS Corp. and five directors asked the Delaware Chancery Court Wednesday to approve of a special committee decision to dilute CBS Corp.'s controlling shareholder Shari Redstone’s voting power at a meeting last week.

  • May 23, 2018

    Venoco Gets Court Approval For Ch. 11 Liquidation Plan

    Oil driller Venoco LLC won confirmation from a Delaware bankruptcy court on Wednesday to move forward with a Chapter 11 plan to liquidate what remains of its estate and effect an orderly wind-down of operations after reaching a consensus with key creditors over drilling site decommissioning liabilities.

  • May 23, 2018

    Addiction Rehab Network Hits Ch. 11 With $207M In Debt

    A network of addiction rehabilitation facilities hit Chapter 11 on Wednesday in Delaware with $207 million in debt and plans to sell its assets to a prepetition secured lender also serving as a stalking horse bidder in the case.

  • May 23, 2018

    Fed. Circ. Upholds Microsoft Win In Anti-Piracy IP Suit

    The Federal Circuit on Wednesday upheld a ruling that found Microsoft Corp. did not infringe a patent related to software anti-piracy features, despite not agreeing with how the lower court interpreted and applied certain terms in the patent.

  • May 23, 2018

    UCB’s Epilepsy Drug Patent Win Upheld By Fed. Circ.

    The Federal Circuit on Wednesday affirmed a Delaware federal court's finding that a UCB Inc. patent on the epilepsy drug Vimpat is not invalid for double patenting or obviousness, upholding the company's win over a slew of generics makers including Mylan and Accord.

  • May 23, 2018

    Del. Construction Co. Ducks Care Facility Build Defect Suit

    A Delaware Superior Court judge on Tuesday freed a construction firm from allegations that a specialty care group home built by the company contained numerous defects, saying the owner of the facility brought its claims more than three years too late.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.