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Delaware

  • November 14, 2018

    Blue Bell Investors Can't Reargue Chancery Claim Dismissal

    Limited partners of ice cream maker Blue Bell Creameries LP will not be able to reargue a motion to dismiss its claims against the company after a Delaware Chancery Court judge said Tuesday that they raised the same arguments in their bid to have the motion heard again as they did the first time around.

  • November 14, 2018

    Chancery Suit Seeks $150M In Student Loan Trust Damages

    Holders of $1.5 billion in notes secured by part of investor Donald Uderitz's $15 billion National Collegiate student loan trust empire sued in Delaware Chancery Court late Tuesday for control of the assets and $150 million or more in damages for losses and litigation expenses.

  • November 14, 2018

    3rd Circ. Urged To Back Ruling In $377M Foreign Income Row

    The Internal Revenue Service urged the Third Circuit on Wednesday to uphold a U.S. Tax Court decision finding an additional $377 million in taxable income for a U.S. shareholder, saying that loan guarantees from offshore subsidiaries trigger a requirement to include the subsidiaries’ earnings.

  • November 14, 2018

    Equus Ducks Investor Suit Over Stock Plan Notices

    A suit filed by a proposed class of shareholders claiming not enough information was disclosed about an Equus Total Return Inc. stock incentive plan was tossed in Delaware Chancery Court on Tuesday, with a vice chancellor finding the company satisfied its duty to inform stockholders about the plan.

  • November 14, 2018

    Bankrupt Flower Grower's Ch. 11 Plan Gets Nod In Delaware

    A bankruptcy judge gave her nod Wednesday to the Chapter 11 liquidation plan and disclosure statement for the estate of flower grower Color Spot Holdings Inc., with all secured claims set to be satisfied and no recovery for unsecured creditors.

  • November 13, 2018

    Woodbridge Ch. 11 Plan Erases Valid Claims, Noteholders Say

    A group of roughly 270 real estate investors asked a federal bankruptcy judge in Delaware to pause the Chapter 11 liquidation plan of the Woodbridge Group of Cos. LLC while the creditors appeal a portion of the plan they believe extinguished their interests.

  • November 13, 2018

    Weinstein, Four Seasons Hit With $60M Suit By Alleged Victim

    Actress Paz De La Huerta alleged in California state court on Tuesday that former film producer Harvey Weinstein raped her multiple times and engaged in a pattern of stalking and intimidation to keep her quiet, seeking nearly $60 million in damages and alleging that the Four Seasons Hotels Ltd. and the producer's now-bankrupt studio failed to act despite previous knowledge of his conduct.

  • November 13, 2018

    Uber Board Wasn't Conflicted Before Otto Deal, Chancery Told

    Attorneys for Uber and its directors told a Delaware vice chancellor Tuesday that stockholders who challenged the company’s disastrous, $680 million deal to buy self-driving vehicle startup Ottomotto failed to show that company directors were too conflicted to assess failures and pursue damages.

  • November 13, 2018

    NJ Firm Can Drop Client In Insurance Fraud Suit

    A law firm was allowed to withdraw as counsel for a New Jersey homeowner Tuesday in an insurance fraud suit brought by mortgage lender Wilmington Savings Fund Society FSB, after a federal judge determined the defendant has not been responsive with her attorneys or paid her legal bills.

  • November 13, 2018

    No Decision Yet On Keeping Nordam Ch. 11 Docs Under Seal

    A Delaware bankruptcy judge delayed a decision on a request by aviation company The Nordam Group Inc. to keep certain information in its Chapter 11 case, including compensation and benefits for senior managers, under seal, stating she will consider doing so pending confirmation of the plan.

  • November 13, 2018

    Applebee’s Franchisee’s Ch. 11 Faces Confirmation Hurdles

    Bankrupt Applebee's franchisee RMH Franchise Holdings Inc. said Tuesday it hopes to be able to soon reach an agreement to settle roughly $14 million in possible claims owed to its parent company as a confirmation hearing nears for its Chapter 11 plan.

  • November 13, 2018

    Payment Processor Hit With Investor Suit Over Sale To NCR

    An investor in online payment firm JetPay Corp. filed suit Monday in Delaware federal court, saying disclosures made by the company and its directors regarding its proposed acquisition by NCR Corp. left out material information needed by shareholders before voting on the transaction.

  • November 13, 2018

    No Bridgegate Role, 3rd Circ. Pick Says Of Work For Christie

    Lowenstein Sandler LLP partner Paul Matey, President Donald Trump’s choice for a Third Circuit vacancy, faced a grilling from the Senate Judiciary Committee on Tuesday over his time serving as an attorney for former New Jersey Gov. Chris Christie.

  • November 9, 2018

    Tesla's $55B Musk Pay Deal Unfair, Investor Tells Chancery

    A 10-year Tesla compensation plan offering founder and CEO Elon Musk as much as $55.8 billion cannot avoid Delaware Chancery Court’s tough entire fairness review standards, despite director claims that more-permissive standards apply, an investor who challenged the deal argued Friday.

  • November 9, 2018

    $5M Frozen For Chancery Battles Over $52M Good Tech Deal

    Good Technology Corp. stockholder beneficiaries of a $52 million pair of Delaware Chancery Court settlements over the company’s disputed sale to BlackBerry Ltd. have agreed to hold back $5.1 million from distributions pending resolutions with large investors excluded from the deal.

  • November 9, 2018

    Murex Shareholders Want Records To Determine Stock Value

    Two of Murex Petroleum Corp.'s shareholders are asking the Delaware Chancery Court to order the company to turn over records they claim they need to determine the current value of their stock.

  • November 9, 2018

    Weinstein Successor Reaches $3M Deal On ‘Yellowstone’

    The successor to The Weinstein Co. LLC has reached a $3.1 million deal with Wind River Productions LLC to pay off unpaid invoices in the company’s Chapter 11 proceedings, with Wind River giving up the rights to the “Yellowstone” television series in the exchange.

  • November 9, 2018

    State AGs Call On Whitaker To Recuse Himself From Probe

    Massachusetts Attorney General Maura Healey, along with 18 other state attorneys general, sent a letter Thursday to acting Attorney General Matthew Whitaker asking him to recuse himself from Special Counsel Robert Mueller's investigation of Russian interference in the 2016 presidential election.

  • November 9, 2018

    Fairchild Owes Rival $24M For Tech Patent Infringement

    A Delaware jury awarded Power Integrations Inc. more than $24 million in damages Friday after finding that competitor Fairchild Semiconductor International willfully infringed its patents for frequency jitter technology and induced third parties to infringe the patents as well.

  • November 9, 2018

    Ex-Cable Biz CEO Used Co. Funds For Himself, Chancery Told

    Texas cable TV and internet provider enTouch Systems Inc. filed a lawsuit in Delaware Chancery Court on Friday seeking damages against a former CEO it claims breached his contract and fiduciary duties by misappropriating company funds and pursuing a wrongful termination suit after he was fired.

Expert Analysis

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.

  • 3rd-Party Releases Bring Chapter 11 Venue Considerations

    Samuel Schwartz

    Courts are increasingly upholding involuntary releases of third parties and nondebtors in bankruptcy, including recently in the case of Millennium Lab Holdings. This means parties should consider several factors when picking a venue for a Chapter 11 filing, say Samuel Schwartz and Kristina Perez of Brownstein Hyatt Farber Schreck LLP.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Top 10 Snap Observations From The 2018 Midterm Elections

    Frank Donatelli

    The just-completed midterm elections could be called the “cafeteria midterms,” because there was something for everyone. The results offered both encouragement and warnings for Democrats and Republicans looking to 2020, says Frank Donatelli of McGuireWoods Consulting LLC.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • What Sikkelee Means For Preemption In The 3rd Circ.

    Alexis Kellert

    Conflict preemption was at the heart of the Third Circuit’s recent analysis in Sikkelee v. Precision Airmotive, where the majority shifted precedent to inject state law into federally regulated aviation design, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.