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Delaware

  • June 11, 2018

    Merck Urges Justices To Review Fosamax MDL Revival

    Merck has told the U.S. Supreme Court that a brief by the U.S. solicitor general bolsters its bid to reverse a Third Circuit decision reviving multidistrict litigation over its alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.

  • June 11, 2018

    Rehab Network Extends Sale Timeline To Appease Creditors

    Bankrupt drug and alcohol addiction treatment network EBH TopCo LLC on Monday reached a deal with its post-petition lender and its unsecured creditors committee in Delaware to extend the proposed milestones in its asset sale process by about three weeks to address the concerns of the newly formed committee.

  • June 11, 2018

    No New Trial For $1.4M Wegmans Tax Suit, 3rd Circ. Says

    The Third Circuit has found Tax Matrix Technologies LLC is not entitled to a new trial over claims that Wegmans Food Markets Inc. owes it $1.4 million for a sales and use tax audit defense project after a jury awarded Tax Matrix some $350,000 in damages.

  • June 8, 2018

    Del. Justices Affirm Toss Of $700M El Paso Merger Suit

    An eight-year, multicase Delaware Chancery Court battle over the limits of limited partner rights and general partner duties in a series of El Paso Pipeline mergers closed out Friday with Delaware’s Supreme Court upholding the dismissal of a $700 million damages suit targeting Kinder Morgan Inc., affiliates and key partners.

  • June 8, 2018

    CertiSign Director To Pay Legal Fees After Breach Finding

    A founder of internet security firm CertiSign Holdings Inc. is on the hook for the legal fees of the company after being found to have breached his fiduciary duty of loyalty by a Delaware state court judge Friday for refusing his permission to corporate actions necessary to rectify a stock issuance defect.

  • June 8, 2018

    Par Infringed Colonoscopy Drug Patents, Fed. Circ. Affirms

    The Federal Circuit on Friday upheld a Delaware federal judge’s finding that Par Pharmaceutical Inc. infringed two of Ferring Pharmaceuticals Inc.’s patents covering the colonoscopy drug Prepopik, shooting down Par’s argument that key terms were never defined properly before the trial.

  • June 8, 2018

    Tesla Shareholder Calls Musk's Stock Award 'Staggering'

    A shareholder of electric-car maker Tesla Inc. claimed in a suit unsealed in Delaware state court that the compensation package approved by the company’s directors for founder and CEO Elon Musk is unfair, unprecedented and "staggering."

  • June 8, 2018

    Developer Seeks To Block Arbitration In $1B NY Project Row

    Half of a warring redevelopment partnership formed for a $1 billion Long Island, New York, project urged Delaware’s Chancery Court on Thursday to approve an emergency block against arbitration of their disputes, citing an already launched suit for court dissolution of the venture.

  • June 8, 2018

    AmTrust Investor Slams Sweetened $2.95B Take-Private Offer

    One of AmTrust’s self-described largest shareholders on Friday cried foul at the sweetened offer to take the insurer private for $2.95 billion, accusing the founding family members and Stone Point Capital-managed private equity funds proposing the deal of bluffing about their offer’s rigidity.

  • June 7, 2018

    Trustee Says Rehab Network Should Give Bidders More Time

    The United States trustee objected Thursday in Delaware bankruptcy court to the proposed bidding procedures for addiction treatment network EBH TopCo LLC, saying the planned sale timeline would not allow a thorough review of its assets before the bid deadline.

  • June 7, 2018

    Rockport Incentive Pay Plan Fails Ch. 11 Tests, Trustee Says

    The U.S. Trustee’s Office asked a Delaware bankruptcy court Thursday to reject a request by bankrupt shoemaker The Rockport Company LLC to pay up to $3.3 million in employee bonuses, saying it provided too little information to evaluate the plan.

  • June 7, 2018

    Chancery Trims Fees By 25% In Swiss Fund Shareholder Suit

    Calling the litigation efforts “modest,” Delaware’s chancellor on Thursday approved $300,000 of $400,000 in requested fees for attorneys who pressed a shareholder rights suit against a Swiss-focused investment fund.

  • June 7, 2018

    Walmart Sues To Stop Chief Tax Officer's Move To Amazon

    Walmart Inc. filed suit late Wednesday in Delaware to prevent its chief tax officer from jumping ship and taking a similar position with Amazon.com Inc., arguing the move would breach a noncompete provision of her employment contract.

  • June 7, 2018

    EPA Rebuffs Del., Md. Calls To Cut Smog From Upwind States

    The U.S. Environmental Protection Agency on Thursday sought to deny Delaware and Maryland's request that it act to reduce air pollution blowing in from other states, saying there's no evidence out-of-state power plants are violating the Clean Air Act's so-called "good neighbor" provision covering cross-state emissions.

  • June 7, 2018

    General Dynamics Sued Over $332M NJ Superfund Liability

    A General Dynamics Corp. subsidiary has been sued in Delaware Chancery Court by Eaton Corp. affiliate Cooper Industries, which alleges General Dynamics must share in the costs of a $332 million federal Superfund cleanup in New Jersey.

  • June 7, 2018

    Hospital System Shorts Employees On Overtime, Pa. Suit Says

    Trinity Health Corp. and two of its subsidiaries have been slapped with a putative collective action in Pennsylvania federal court alleging workers paid by the hour don’t receive enough overtime compensation, in violation of state and federal wage-and-hour laws.

  • June 7, 2018

    AmTrust Take-Private Offer Sweetened To $2.95B

    AmTrust Financial Services on Thursday said founding family members and private equity funds managed by Stone Point Capital raised their cash offer to take the company private, now valuing the insurer at roughly $2.95 billion, a proposal met with approval by activist investor Carl Icahn, who had protested the earlier offer in Delaware Chancery Court.

  • June 6, 2018

    Del. Justices Mull Reviving Appeal To $9.2B El Paso Merger

    A former El Paso Pipeline Partners LP investor who challenged a series of company mergers dating to 2011 asked the Delaware Supreme Court Wednesday to resurrect a suit accusing parent Kinder Morgan Inc. of pushing through an unfairly priced rollup of the $9.2 billion business.

  • June 6, 2018

    Insurers Tell Del. Justices To Reverse TIAA Claims Rulings

    In argument relays limited to as little as 90 seconds and dubbed a “minuet” by Delaware’s chief justice, attorneys for three insurers urged the state’s Supreme Court on Wednesday to reverse decisions they say improperly saddled them with TIAA's costs incurred in class settlements over allegedly improper fund transfer delays.

  • June 6, 2018

    Activist Investor Opposes Goldman Compensation Suit Deal

    An activist investor objected Wednesday to a proposed settlement of a Delaware shareholder suit over excessive director compensation, saying the deal provides no value to the company or stockholders and is part of a pattern of litigation by a serial plaintiff.

Expert Analysis

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.