Delaware

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Denon Accused Of 'Sonos-Killer' Aim In Del. Patent Trial

    An attorney for wireless speaker maker Sonos Inc. told a Delaware jury Monday that competitor Denon Engineering infringed its patents to advance its own hoped-for “Sonos killer” sound systems at the opening of a weeklong bellwether federal court trial in Delaware.

  • December 11, 2017

    Fed. Circ. Upholds Ruling Axing Forest's Namenda Patents

    The Federal Circuit on Monday affirmed a Delaware judge's decision that Forest Laboratories’ six patents on the Alzheimer's drug Namenda are invalid as indefinite in a win for Teva Pharmaceuticals USA Inc., which is planning a generic version of the drug.

  • December 11, 2017

    Exelco's Del. Ch. 11 Tossed In Favor Of Belgian Proceeding

    The Chapter 11 case of diamond distributor Exelco NV was dismissed Monday after a Delaware judge said the cases would more properly be administered in Belgium, where the company is based and where insolvency proceedings began prior to the American filing.

  • December 11, 2017

    EFH Judge Won't Halt Axing Of $275M NextEra Breakup Fee

    The Delaware bankruptcy judge presiding over the massive Energy Future Holdings Corp. case rejected Monday a bid by would-be buyer NextEra Inc. to halt his decision not to award a $275 million breakup fee during an appeal process, saying that such a move would be “premature.”

  • December 11, 2017

    DC Circ. Urged To Affirm FERC Has No Pro-Pipeline Bias

    The developers of the PennEast pipeline on Friday urged the D.C. Circuit to affirm that the Federal Energy Regulatory Commission's natural gas pipeline process isn't unconstitutionally biased in favor of industry, saying to accept an environmental group's argument otherwise would contradict a century's worth of due process legal theory.

  • December 8, 2017

    The Law Firms Of The 2017 MVPs

    Law360's MVP award goes to attorneys who have distinguished themselves from their peers in litigation, deals and other complex matters. Find the MVPs at your firm here.

  • December 8, 2017

    Law360 MVP Awards Go To Top Attorneys From 78 Firms

    The elite slate of attorneys chosen as Law360’s 2017 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • December 8, 2017

    Mellon Sues Altaba To Boost Share Rate For $1.4B In Notes

    BNY Mellon Trust sued Yahoo Inc. successor Altaba Inc. for a 15 percent rise in shares due under a $1.4 billion notes-to-shares conversion agreement in Delaware’s Chancery Court on Friday, saying Yahoo’s sale to Verizon Inc. in June triggered the increase.

  • December 8, 2017

    Hockey Teens Stick Del. Rink Operator With Toxic Fume Suit

    Two 13-year-old hockey players swung a lawsuit on Thursday against a skating club and a Zamboni repair business in New Jersey federal court over claims they suffered carbon monoxide poisoning when a defective vehicle was used to resurface ice during a tournament at the Delaware facility this year.

  • December 8, 2017

    Investor Hit With $38M Judgment For 'Smear' Campaign

    A shadowy investor has been hit with a $38 million default judgment for spearheading a “short and smear” campaign against a bioprinting company after he failed to respond to a suit in Delaware state court.

  • December 8, 2017

    Chancery Tosses Suit Over Earnouts In $1.4B Lone Star Deal

    A Delaware Chancery judge ruled Friday that a lawsuit from pipe and brick company HBMA Holdings LLC over earnout payments from its $1.4 billion sale to Lone Star Funds belongs in arbitration, but it was too late for the seller to press claims in court if that process fails.

  • December 8, 2017

    Innoviva Investor Wins Board Seats In Chancery Proxy Suit

    A shareholder of drug developer Innoviva Inc. won a battle with the company over the makeup of its board of directors Friday when a Delaware Chancery Court judge determined that a deal among the parties to resolve the investor's proxy fight was valid and should be enforced, requiring two investor nominees to be added to the company's board.

  • December 8, 2017

    Energy Co. Derides Potential Investor Class Rep As Ignorant

    Oil and gas producer Vanguard Natural Resources LLC and affiliates told a Delaware federal judge on Thursday that the proposed representative for a class of investors in a merger fraud suit is too uninformed about the suit he supposedly brought to spearhead the case.

  • December 8, 2017

    Boston Herald Files For Ch. 11 With Planned Sale In Place

    The Boston Herald filed for Chapter 11 on Friday, with its publisher announcing plans to sell the tabloid to newspaper chain GateHouse Media LLC.

  • December 8, 2017

    Vitamin World Cleared For Ch. 11 Auction With $28M Floor

    A Delaware bankruptcy judge gave Vitamin World Inc.’s auction the nod Friday after a last-minute change that brought in a new stalking horse bidder and upped the floor price to $28 million, staving off previous fears the chain would have to liquidate all of its roughly 300 locations.

  • December 8, 2017

    Trustee Balks At Sporting Goods Co.'s Ch. 11 Bonus Plan

    The U.S. trustee objected Friday to the proposed key employee incentive and retention plans filed by bankrupt athletic equipment distributor Maurice Sporting Goods Inc., telling the Delaware bankruptcy court the documents describing the bonuses don’t provide enough information about who will be getting paid and how much.

  • December 8, 2017

    Newbury Common Trustee Says $70M Fraud Was Avoidable

    The liquidating trustee appointed under the confirmed Chapter 11 plan of real estate firm Newbury Common Associates LLC filed a 16-count adversary complaint Thursday in Delaware alleging the company’s managers were negligent in allowing a third manager to perpetrate a fraud that cost Newbury $70 million and led to its bankruptcy.

  • December 7, 2017

    Nextera Seeks Hold On $275M For EFH Ch. 11 Sale Fee Appeal

    NextEra Energy Inc. urged a Delaware bankruptcy court to set aside $275 million of Energy Future Holdings Corp.'s cash late Wednesday during an appeal from a judge’s flip-flop on rights to an equal-size termination fee award in NextEra’s scuttled EFH purchase.

  • December 7, 2017

    Trusts Assert Control In $22M CFPB Student Loan Suit

    The recently affirmed owner of a $12 billion fleet of securitized student loan trusts moved late Wednesday to lock in its authority to settle a regulatory agency’s pending $22 million federal consent decree over debt collection practices, despite a seeming slowdown in the Delaware case.

Expert Analysis

  • The Derivative Risks Of Sexual Misconduct Allegations

    Kevin LaCroix

    The recent derivative lawsuit against Twenty-First Century Fox and its $90 million settlement — likely among the 10 largest derivative settlements — show that the current, ongoing revelations of sexual misconduct represent more than just a risk for the bad actors, says Kevin LaCroix of RT ProExec.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • COPPA: The Latest Chapter In Consumer Class Actions

    Perrie Weiner

    Though the Children’s Online Privacy Protection Act does not provide a private right of action, a recent spate of consumer class actions have attempted to use the law as a predicate for asserting violations of common law privacy-related torts and various state consumer protection statutes, say attorneys at DLA Piper LLP.

  • When Activists Are At The Gate: Lessons From Chancery

    Edward Micheletti

    Several recent Delaware Chancery Court opinions offer helpful insight about the impact that activist investor involvement has on board decision-making leading to a transaction, and how these board decisions will be reviewed by the courts in any subsequent litigation, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Why Asking About Salary History Is Risky Anywhere

    Joseph Kroeger

    Recently there has been significant attention around new laws and ordinances that prohibit employers from asking job applicants about their salary history in various U.S. states and cities. But are employers outside of these jurisdictions free to ask for salary history information of applicants without risk? Hardly, say Joseph Kroeger and Audrey Roberts of Snell & Wilmer LLP.

  • Dissecting NAIC's Insurance Data Security Model Law

    Lawrence Hamilton

    On the heels of the new Insurance Data Security Model Law recently adopted by the National Association of Insurance Commissioners, members of Mayer Brown explain the new law, its substantive requirements, and the takeaways for the insurance industry.

  • 6 Months After TC Heartland, Adjusting To A New Landscape

    Nathan Speed

    The U.S. Supreme Court’s May 22, 2017, decision in TC Heartland, which overturned decades of accepted practice on how to evaluate the proper venue for patent litigation, has been lauded by some as ushering in a new era in patent litigation. Others — including some federal judges who have been applying TC Heartland — have found the decision to be much less significant, say Nathan Speed and Stuart Duncan Smith of Wolf Greenfield & Sacks PC.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.