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Delaware

  • October 16, 2018

    Chancery Asked To Boot Real Estate Co. Manager, Seize Docs

    A company with an ownership stake in a real estate holding company that operates 12 residential housing communities filed a lawsuit Monday in Delaware Chancery Court claiming the manager of the complexes is refusing to comply with his removal and turn over company records.

  • October 16, 2018

    Philly UberBlack Drivers Press 3rd Circ. For Employee Status

    Philadelphia-based Uber limo drivers told the Third Circuit on Monday that they're similar to migrant workers who are compensated at the whim of an economically dominant entity, meaning they should be recognized as employees entitled to proper wages under the Fair Labor Standards Act.

  • October 16, 2018

    The Path To Becoming A Supreme Court Advocate

    A look at the careers of attorneys who have dominated oral advocacy at the U.S. Supreme Court over the last decade shows a similar path for men and women, with a few key differences. Here’s how the top 10 male and female advocates stack up.

  • October 15, 2018

    Judge’s Broad View Of WesternGeco May Hike Patent Awards

    A Delaware federal judge has taken an expansive view of this year's WesternGeco decision by the U.S. Supreme Court allowing patent owners to recover some foreign lost profits, and if it is upheld, his order could lead to a significant increase in available patent damages, attorneys say.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t.

  • October 15, 2018

    Hartford's $2B Navigators Buy Draws Del. Disclosure Suit

    A shareholder of The Navigators Group Inc. alleges in a Delaware federal court suit filed Monday that the insurance company and its directors omitted important information from a proxy statement detailing The Hartford Financial Services Group Inc.'s $2.1 billion acquisition of the firm.

  • October 15, 2018

    3rd Circ. Upholds Hyatt Win In Banquet Wage-And-Hour Suit

    A Third Circuit panel on Friday upheld a lower court's finding that a banquet server who worked at Hyatt's four-star Bellevue Hotel couldn't prove that the hospitality giant stiffed her and others on wages and service charges.

  • October 15, 2018

    $4.8B Akorn Ruling More Outlier Than Shift At Chancery

    An unprecedented Delaware Chancery Court finding that Fresenius Kabi AG can terminate a $4.8 billion merger with Akorn Inc. earlier this month appears to be more of a deal outlier than a change in court direction on merger-killing adverse event clauses, some attorneys say.

  • October 15, 2018

    Pharma Inventor's Ex-Wife Sues Him Over Patent Ownership

    A pharmaceutical inventor and entrepreneur was hit with a derivative lawsuit on Friday in Delaware Chancery Court by his former wife over ownership of a patent that she claims he is improperly trying to license to a pharmaceutical company.

  • October 15, 2018

    TSA Immunity At Stake As Full 3rd Circ. Weighs Abuse Case

    The Third Circuit may flip its July ruling that Transportation Security Administration airport screeners accused of abusing travelers are immune to civil suits because the decision appears to flout a U.S. Supreme Court directive, experts say.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled?

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men.

  • October 12, 2018

    Wine Co. Shareholder Can't Ax Writ In Award Row, Court Told

    A Delaware-based investor urged a Florida federal court Thursday not to dissolve a writ of garnishment issued against Citibank accounts held by a controlling shareholder in a Chilean wine company who was ordered to pay the investor $28.7 million following the confirmation of an arbitration award.

  • October 12, 2018

    Sanctuary Policies Vital To People Of Philly, 3rd Circ. Told

    Eight immigrant aid nonprofits urged the Third Circuit on Friday to uphold a Pennsylvania federal court ruling barring the Trump administration from denying Philadelphia federal public safety grants on the basis of its sanctuary policies, arguing that the policies have reduced crime and expanded the reach of social services.

  • October 12, 2018

    Fertilizer Co. Officers Diluted Ownership Shares, Suit Says

    A corporation and individual with ownership stakes in fertilizer manufacturer Verdesian Life Sciences LLC filed suit in Delaware Chancery Court claiming company officers entered into a series of self-interested transactions that diluted the value of their membership units.

  • October 12, 2018

    Synovus, Fla. Bank Owe Info On $2.9B Deal, Investor Says

    A shareholder for Florida Community Bank launched a proposed class action in Delaware federal court Thursday to try to put a pending $2.9 billion acquisition of the bank by financial services firm Synovus on hold, saying more information is needed before the deal can go through.

  • October 12, 2018

    Cabela's Tries To Stop Ex-Employees' E-Commerce Startup

    Sporting goods retailer Cabela’s told a Delaware Chancery Court judge in a brief made public late Thursday that a group of former employees should be stopped from launching a new online retail enterprise because it violates their employment agreements.

  • October 12, 2018

    J&M Deal To Keep 85 Stores Open Moves Ahead In Del. Ch. 11

    A transaction that will keep 85 of the discount retail stores owned by bankrupt J&M Sales Inc. operating received a nod from a Delaware judge Friday, saying the offer from Pegasus Trucking LLC was the highest and best bid in an auction held earlier in the week.

  • October 12, 2018

    Woodbridge Property Investors Take Issue With Ch. 11 Plan

    A group of real estate investors objected Thursday to The Woodbridge Group of Companies’ Ch.11 liquidation plan in Delaware, claiming creditors are not treated equally and that the plan improperly seeks to eliminate certain secured creditors' claims.

  • October 12, 2018

    Fed. Circ. Rules Teva's Copaxone Patents Are Invalid

    The Federal Circuit on Friday affirmed decisions by a Delaware federal judge and the Patent Trial and Appeal Board that patents on Teva's blockbuster multiple sclerosis drug Copaxone are invalid, a win for a slew of generics makers that could cost Teva billions of dollars.

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Opinion

    Gov't Brief In Fosamax Makes Strong Case For Reversal

    Stephen McConnell

    After agreeing to review the Third Circuit's 2016 ruling in the Fosamax product liability litigation during the current term, the U.S. Supreme Court invited the federal government to file an amicus brief. A review of the compelling arguments laid out in the brief strongly suggests that this problematic decision will be reversed by the high court, says Stephen McConnell of Reed Smith LLP.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Akorn Could Alter 'Material Adverse Effect' Law In Delaware

    J.B. Heaton

    The Delaware Chancery Court's opinion this week in the Fresenius-Akorn merger dispute will likely be appealed. That appeal will determine whether this case is destined to change the understanding of material adverse effect, or whether the Chancery Court overreached on the law and the facts, says J.B. Heaton of the University of Chicago Law School.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.