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Delaware

  • January 16, 2019

    Beauty Brands Bidder Says 23-Store Offer Is Best Available

    The founders of bankrupt cosmetics retailer Beauty Brands told a Delaware Bankruptcy Court judge Wednesday they presented the debtor with an offer to acquire 23 of its stores and continue operating them as a going concern, calling the bid superior to the stalking horse bid in a chain-wide liquidation plan.

  • January 16, 2019

    Insys Shareholders Want Stay Lifted In Fentanyl Chancery Suit

    A class of shareholders suing pharmaceutical maker Insys Therapeutics Inc. and its directors over an alleged scheme to market a powerful opioid for off-label uses asked the Delaware Chancery Court to lift the stay in the proceedings to allow a motion to dismiss to move forward.

  • January 16, 2019

    No Winner, No Loser In Steamboat Trademark Row

    Two boat companies that had fought for years over claims they infringed each other's trademarks found out from a Delaware federal jury Wednesday that their entire fight was for nothing — no one's trademarks were infringed at all. 

  • January 16, 2019

    High Court, With Kavanaugh, Rehears Pa. Takings Dispute

    The U.S. Supreme Court on Wednesday reheard oral arguments in a case concerning whether a Pennsylvania property owner can use the federal courts to pursue a claim that the local government unconstitutionally took value from her land, with Justice Brett Kavanaugh participating in the case for the first time.

  • January 16, 2019

    Keep Antitrust Suit Against Caterpillar, Equipment Co. Says

    International Construction Products LLC urged a Delaware federal court Tuesday not to toss its suit accusing Caterpillar Inc. and other manufacturers of keeping it out of the construction equipment market, saying it provided the court with enough evidence of antitrust violations.

  • January 16, 2019

    UPMC Can Recoup E-Discovery Costs In FLSA Case: 3rd Circ.

    The Third Circuit has agreed that four former workers who brought a failed Fair Labor Standards Act case against the University of Pittsburgh Medical Center should be forced to pay more than $300,000 in costs associated with electronic discovery in the litigation.

  • January 15, 2019

    Del. Hospital Must Face Death Suit Over Hip Surgery

    A Delaware judge on Tuesday refused a hospital’s motion to block punitive damages in a suit over a patient’s death after hip surgery, also rejecting the hospital’s contention that a legal release for a doctor applied to the hospital as well.

  • January 15, 2019

    Oxbow Carbon Must Pay Up In Chancery Records Dispute

    A Delaware vice chancellor ordered Oxbow Carbon LLC to pay $60,000 in fees to minority investors who won an order compelling the sale of William Koch’s multibillion-dollar energy company and then sued for records on its payments to the founder's personal attorney at Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • January 15, 2019

    Greatbatch Gets $22M In Redo Of Pacemaker Patent Trial

    Medical device maker Greatbatch Ltd. received a $22 million damages award Monday following a six-day trial in Delaware federal court over three pacemaker technology patents infringed by AVX Corp., replacing a 2016 jury decision that awarded it $37.5 million.

  • January 15, 2019

    Chancery Trims Fee Award In Miramar Class Merger Challenge

    A Delaware Chancery Court judge reduced an award of attorneys' fees requested by plaintiffs' counsel Tuesday in a shareholder merger suit alleging conflict of interest against the directors of medical technology company Miramar Labs Inc. before approving a $410,000 cash settlement.

  • January 15, 2019

    Wabtec Raps 'Desperate' Siemens In $8.3M Railroad IP Suit

    Westinghouse Air Brake Technologies Corp. on Tuesday called a battery of Siemens Mobility Inc. patent infringement claims "desperate" gambits by a latecomer to the U.S. rail safety market, during opening statements in Delaware for a nine-day $8.3 million federal jury trial.

  • January 15, 2019

    LBI Noteholders Say Co. Cheated Them Out Of $129M

    A group of second-lien noteholders of Spanish language broadcaster LBI Media Inc. accused the company in Delaware bankruptcy court Tuesday of costing them $129.5 million by cutting a bad restructuring deal with a first-lien noteholder.

  • January 15, 2019

    Chancery Serves Papa John's Founder Access To Co. Records

    The Delaware chancellor ruled Tuesday that Papa John’s International Inc. founder and former CEO John Schnatter should be given records he requested over what he contends was his unfair ouster and the company’s improper handling of backlash over alleged racist comments he made about the NFL’s handling of national anthem protests.

  • January 15, 2019

    Group Owes SEC $6.6M In Woodbridge Securities Probe

    Three people and two companies owe the U.S. Securities and Exchange Commission more than $6.6 million after a Florida federal judge on Monday entered judgment against them for allegedly selling unregistered securities of Woodbridge Group of Companies LLC, which collapsed last year after the SEC charged it with running a $1.2 billion Ponzi scheme.

  • January 15, 2019

    UberBlack Drivers Ask 3rd Circ. To Revive Wage Suit

    A proposed class of Philadelphia-area UberBlack limo drivers asked the Third Circuit to revive their suit accusing Uber Technologies Inc. of violating state and federal labor laws, saying a district court prematurely determined they were independent contractors and not employees entitled to minimum and overtime wages.

  • January 14, 2019

    Del. Bankruptcy Judge Kevin J. Carey To Retire In August

    U.S. Bankruptcy Judge Kevin J. Carey will retire from the Delaware bench in August after nearly 14 years of presiding over insolvency cases in the state, the U.S. Bankruptcy Court for the District of Delaware announced Friday.

  • January 14, 2019

    GTC Law Group Settles Chancery Fight Over IP Asset Sale

    GTC Law Group told a Delaware Chancery Court judge Monday that it had reached a settlement deal for a temporary restraining order with a secured lender of its client Osterhout Group Inc. that will allow a sale of the technology company to move forward while setting aside up to $700,000 in unpaid legal fees.

  • January 14, 2019

    Lender Says Life Settlement Co. Is Using Ch. 11 To Pay Parent

    The top secured lender to bankrupt life settlements venture White Eagle Asset Portfolio LP accused it of seeking to improperly pay the expenses of a non-debtor parent and urged a Delaware bankruptcy judge to reject a proposed cash management order for the case.

  • January 14, 2019

    Promise Healthcare Gets Nod For $3M Exec Bonus In Ch. 11

    A Delaware bankruptcy judge on Monday signed off on a revised version of bankrupt hospital operator Promise Healthcare’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, after concerns were raised about a prior proposal for the incentive pay.

  • January 14, 2019

    Trump's ACA Birth Control Rules Blocked Nationwide

    A Pennsylvania federal judge issued a nationwide injunction Monday blocking Trump administration carveouts to the Affordable Care Act's birth control mandate from taking effect, one day after a court in California blocked the same ACA exemptions in 13 states and the District of Columbia.

Expert Analysis

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • State Net

    State Lawmakers Grapple With Proliferation Of E-Scooters

    David Royse

    As state legislators return to session this year, many face a new issue: the explosion of e-scooters on city streets. Municipal officials scrambling to evaluate the legality of the rental scooters are seeking policy guidance at the state level, says David Royse of State Net Capitol Journal.

  • Common Stockholders Can Wa[i]ve Appraisal Rights Goodbye

    Morgan Mordecai

    The Delaware Court of Chancery recently held that language in an agreement requiring minority stockholders to waive appraisal rights was enforceable. Though the case is already on appeal, practitioners should make sure agreements with drag-along rights include unambiguous waiver provisions whenever possible, say attorneys at Goodwin Procter LLP.

  • Discovery Confidentiality At Risk After Columbia Pipeline

    Arthur Bookout

    The Delaware Court of Chancery's recent Columbia Pipeline ruling highlights the risk that litigants may find their confidential materials, produced in discovery, attached to their opponents' filings for the purpose of unsealing the documents, say Arthur Bookout and Lilianna Townsend of Skadden Arps Slate Meagher & Flom LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • 7 Questions To Add To Your Lateral Partner Questionnaire

    Howard Rosenberg

    Law firms should redesign the vetting process for lateral candidates so it directly addresses sexual harassment and assault issues, says Howard Rosenberg of Decipher.

  • Q&A

    A Chat With Reed Smith Chief Marketing Officer Sadie Baron

    Sadie Baron

    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 Sadie Baron, chief marketing officer at Reed Smith LLP.

  • Preemption In Pharmaceutical Cases: 2018 In Review

    Connor Sheehan

    2018 marked another interesting year in the shifting landscape of pharmaceutical drug preemption, with important cases concerning newly acquired information, generic drugs, innovator liability, clear evidence, serious adverse events and marketing claims, says Connor G. Sheehan of Dunn Sheehan LLP.

  • 'Flexible Work' Makes Freelancing More Viable In BigLaw

    Elizabeth Black

    The rise of remote work capabilities and advances in technology are making flexible, freelance legal work a more accessible career option for corporate attorneys, say Elizabeth Black and Sara Eng of InCloudCounsel.