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

  • August 13, 2018

    ActiveCare Gets Nods On DIP Financing, Auction Plans

    A Delaware bankruptcy judge agreed to approve ActiveCare Inc.’s post-petition financing and plans for a $3.75 million stalking horse sale Monday after hours of negotiations to address unsecured creditors’ and the U.S. Trustee’s Office’s concerns the process was moving too quickly.

  • August 13, 2018

    Suniva Creditor Sues To Halt Removal Of Solar Cell Equipment

    The largest unsecured creditor of bankrupt solar cell maker Suniva Inc. filed an adversary complaint late Friday in Delaware seeking to prevent the debtor from having the creditor remove manufacturing equipment it recently purchased at auction from the debtor’s Norcross, Georgia, factory.

  • August 13, 2018

    $7B USG-Knauf Merger Hit With Del. Chancery Class Suits

    Two investors in drywall maker USG Corp. filed proposed class action complaints Monday in Delaware Chancery Court alleging the company’s board breached its fiduciary duties in approving a $7 billion combination with Gebr. Knauf KG.

  • August 13, 2018

    VC Firm Shorted Ex-LLC Member's Cash-Out, Chancery Says

    Pointing to ambiguities in a venture capital firm’s charter and a Delaware business law’s distaste for “forfeiture,” a vice chancellor on Monday ordered the company to rework a terminated member’s cash-out, potentially increasing it by millions of dollars.

  • August 13, 2018

    FTC Overstepped In Shire FDA Petitions Case, 3rd Circ. Told

    The Federal Trade Commission exceeded its authority in bringing a lawsuit that alleges a Shire PLC unit abused the U.S. Food and Drug Administration’s citizen petition process to delay generic competition for its antibiotic Vancocin and is overstating potential consequences of the lower court’s dismissal, the Washington Legal Foundation has told the Third Circuit.

  • August 13, 2018

    Fisker Ch. 11 Trustee, Karma In Talks On Stock Sale Reset

    A liquidating trustee for bankrupt electric car maker Fisker Automotive and its Chapter 11 buyer reported plans Monday for a third round of talks on a "reset" of a capital raise by the company’s new owners that diluted the trustee's original 20 percent share and led to a Delaware lawsuit.

  • August 13, 2018

    Facebook Wants Calif. Cambridge Analytica Suit Tossed

    Facebook Inc. on Friday urged a California federal court to dismiss five derivative suits filed by shareholders against the social network's board of directors after the Cambridge Analytica data privacy scandal, saying the investors have not shown that company brass were aware of the research firm's data siphoning.

  • August 13, 2018

    Del. Court Returns To Full Strength With 2 New Judges

    The U.S. District Court for the District of Delaware has added two federal judges to the bench, bringing the court, recently swamped with patent litigation, to full strength for the first time in more than a year.

  • August 13, 2018

    Split 3rd Circ. Backs CFPB On Probe Of Student Loan Co.

    A divided Third Circuit panel rejected arguments Monday that the Consumer Financial Protection Bureau had too broadly defined the scope of its investigation as it sought documents from Heartland ESCI about potential improprieties in servicing of student loans.

  • August 13, 2018

    Rising Star: Fish & Richardson's Joseph Warden

    Joseph B. Warden of Fish & Richardson PC represents Gilead Sciences Inc. in its ongoing infringement suit over hepatitis C drug patents and secured a reversal of a $2.5 billion damages award in the suit — the largest patent damages award in history — earning him a spot as one of five life sciences attorneys under 40 selected as Law360 Rising Stars.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry. This is the first article in a special report on disability inclusion in the legal industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word. This article is part of our special report on disability inclusion in the legal industry.

  • August 10, 2018

    Fortis Advisors Beats Dismissal Bid In $29M Suit Over Merger

    Citing contract ambiguities, a Delaware vice chancellor on Friday declined to dismiss Fortis Advisors LLC's suit seeking $29.3 million in performance "milestone" payments to former stockholders of a biorefining venture acquired for $25.27 million by a Swedish renewable goods maker in 2014.

  • August 10, 2018

    Unsecured Creditors Blast ActiveCare's Fast-Track Sale

    A committee of unsecured creditors on Thursday asked the Delaware bankruptcy court to halt diabetes patient monitoring company ActiveCare Inc.’s Chapter 11 sale plans, claiming there are problems with proposed financing, the stalking horse bid and the timing of the sale.

  • August 10, 2018

    Woodbridge Creditors Object To Claim Assignment Plan

    A group of noteholders of the Woodbridge Group of Companies LLC says the debtor’s proposed plan disclosure statement is impermissible because it would seek to solicit creditors with potential class claims relating to a Ponzi scheme run by the debtor to assign those claims to a plan litigation trust.

  • August 10, 2018

    Creditors Get Film Co. Owner's Bankruptcy Converted To Ch. 7

    The bankruptcy case of Calrissian LP was converted to a Chapter 7 liquidation Friday when a Delaware judge said the company’s estate needed to explore potential litigation over its failed acquisition of film distribution company Our Alchemy LLC, which led to its own insolvency proceedings.

  • August 10, 2018

    CA Tech Hit With Investor Suit Over $18.9B Sale To Broadcom

    A putative class of CA Technologies Inc. investors opened a federal securities action against the information technology giant in Delaware on Thursday, alleging multiple disclosure and proxy failures in connection with its proposed $18.9 billion sale to global chipmaker Broadcom Inc.

  • August 10, 2018

    Navient Ordered To Produce DOE Borrower Docs For CFPB

    A Pennsylvania federal judge overseeing the Consumer Financial Protection Bureau’s lawsuit against Navient Corp. ruled Friday that the student loan servicer must produce certain U.S. Department of Education-owned borrower documents in its possession that the agency has been trying to get ahold of.

  • August 10, 2018

    Fox Rothschild Nabs Montgomery McCracken Litigator

    Fox Rothschild LLP has added as a partner to its Wilmington office a Montgomery McCracken Walker & Rhoads LLP attorney who has worked high-profile securities fraud cases during his more than 20-year legal career, including the $3.2 billion settlement in the Tyco International Ltd. case.

  • August 9, 2018

    Crystallex To Get Shares Of Citgo In $1.2B Award Row

    A Delaware federal judge Thursday signed off on Canadian mining company Crystallex International Corp.’s request to seize shares of Citgo Petroleum Corp., which is owned by a Venezuelan state-run oil company, to block Venezuela from escaping a $1.2 billion arbitration award over a canceled mining contract.

Expert Analysis

  • 'Ban The Box' Turns 20: Decoding The Current Framework

    Stephen Woods

    Twenty years ago, the first state "ban the box" law crystallized a movement that, in time, would yield similar background check restrictions across the U.S. The result is a crisscrossing jumble of requirements, putting employers in a difficult position when dealing with applicants in different jurisdictions, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • How Delaware Refreshed Its LLC Act And General Corp. Law

    Allison Land

    Last week, a number of amendments to the Delaware Limited Liability Company Act and the Delaware General Corporation Law became effective. Allison Land and Anne Connolly of Skadden Arps Slate Meagher & Flom LLP discuss the five major changes impacting companies.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • To Ease Pain Of Breach Notification Laws, Protect Passwords

    Jason Wool

    Arizona just became the latest state to require notification for breaches of online credentials, and more jurisdictions are likely to follow. Organizations should take this opportunity to minimize the likelihood of password-related incidents that could give rise to breach notification obligations, says Jason Wool of ZwillGen PLLC.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.