Delaware

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Chancery Tosses NRG Reclassification Suit On MFW Grounds

    A Delaware Chancery judge on Monday threw out a shareholder lawsuit challenging power generating giant NRG Energy Inc.'s stock reclassification of its yieldco, ruling that the standards under the MFW precedent that can protect controlling-party takeovers from stockholder claims were met, and can also extend to reclassification transactions.

  • 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 Electronics 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.

Expert Analysis

  • 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.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams 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.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Pharma Case Highlights Importance Of Unrebutted Evidence

    Joseph O'Malley

    Earlier this month, the Federal Circuit reversed a Delaware state court's decision in Bayer v. Watson, holding that the lower court failed to address the defendants' prior art references. This opinion joins a growing list of Federal Circuit opinions minimizing the objective indicia of nonobviousness, say attorneys with Paul Hastings LLP.

  • Core Functions And Cooperative Federalism At The EPA

    Dan Jordanger

    The U.S. Environmental Protection Agency’s recently released draft strategic plan for 2018-2022 starkly narrows the items on which the EPA will focus its resources and turns the agency’s back on many objectives contained in the previous plan — things that the Trump administration and Administrator Scott Pruitt believe should not be done at all, says Dan Jordanger of Hunton & Williams LLP.

  • A Tale Of 2 Cases On 3rd-Party Releases

    Matthew Kelsey

    Before a bankruptcy court can examine whether a nonconsensual third-party nondebtor release is permissible, it must first determine whether it has authority to approve such releases. Two recent — and conflicting — opinions suggest that this determination depends on the bankruptcy court's view as to what "operative proceeding" governs the matter, say attorneys with Gibson Dunn & Crutcher LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.