We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Delaware

  • 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.

  • May 23, 2018

    Gibson Brands To Alter DIP Provisions After Court Comments

    Bankrupt guitar maker Gibson Brands Inc. told a Delaware judge on Wednesday that it will resume discussion with its senior lenders and noteholders on the terms of its debtor-in-possession financing package after the judge offered some insights as to how he would likely rule on certain provisions.

  • May 23, 2018

    Warren Pumps Can't Get Interest In Asbestos Coverage Battle

    A Delaware state judge on Wednesday declined to award industrial pump manufacturer Warren Pumps LLC prejudgment interest against several excess insurers in a dispute over asbestos injury coverage without a court or jury finding on damages.

  • May 22, 2018

    Videology Floats $14.6M Ch. 11 Deal With Largest Customer

    Bankrupt advertising technology firm Videology Inc. proposed a settlement Tuesday with its largest customer that would pump $14.6 million into the company as it pursues a going-concern sale of its assets through its Chapter 11 case.

  • May 22, 2018

    Physiotherapy Trust Claims Revived By Supreme Court Ruling

    Fraudulent transfer claims against the former controlling shareholders of Physiotherapy Holdings Inc. will be reinstated after a Delaware bankruptcy judge granted a motion for reconsideration Monday from the litigation trust created under the former debtor’s Chapter 11 plan.

  • May 22, 2018

    Safety Flubs, Not Race, Got Boeing Worker Fired: 3rd. Circ.

    The Boeing Co. stayed clear Tuesday of an ex-worker’s race bias suit alleging he was fired for being African-American when the Third Circuit ruled that the aerospace giant showed the employee was terminated after multiple safety violations.

  • May 22, 2018

    Blank Check Co. Run By Ex-NYSE President Files $400M IPO

    Far Point Acquisition Corp., a blank check company backed by hedge fund Third Point LLC and run by former NYSE Group President Tom Farley, filed an initial public offering Tuesday to raise $400 million in order to acquire a fintech business.

  • May 22, 2018

    9th Circ. Urged To Keep ACA Birth Control Rules Blocked

    The states of California, Delaware, Maryland, New York and Virginia told the Ninth Circuit on Monday that a California federal judge was right to block Trump administration rules letting employers forgo covering birth control under the Affordable Care Act by claiming moral or religious opposition to its use.

  • May 22, 2018

    Del. Faces IP Surge, Bench Gaps On TC Heartland's Birthday

    One year after the U.S. Supreme Court’s TC Heartland ruling steered hundreds of new patent cases to Delaware from Texas and other states, federal judges and attorneys are patently scrambling to manage the surge with fewer resident judges.

Expert Analysis

  • 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.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.