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Delaware

  • December 10, 2018

    Investor Says PDC Energy's Board Ignored Enviro Laws

    A stockholder filed a derivative suit against oil and gas company PDC Energy Inc.'s board in Delaware Chancery Court, claiming that certain directors disregarded environmental regulations and laws, resulting in the company having to settle a federal lawsuit and remediate emission control systems for roughly $22 million.

  • December 10, 2018

    John Gibbons, Former 3rd Circ. Chief Judge, Dies At 94

    John J. Gibbons, a Gibbons PC name partner and former Third Circuit chief judge known as a champion of civil liberties, staunch constitutionalist and fierce critic of the death penalty, died Sunday at the age of 94, the law firm said.

  • December 7, 2018

    Education Corp. Faces WARN Suit After Campus Shutdowns

    A group of employees working at for-profit colleges operated by Education Corp. of America filed a proposed class action suit Friday in Delaware federal court alleging they lost their jobs without proper notice when the company shut down all of its campuses earlier this week after losing its accreditation.

  • December 7, 2018

    Execs Urge No Or Little Prison In $200M Del. Bank Fraud Case

    Four Wilmington Trust executives found guilty in a nearly $200 million federal securities fraud case in May have appealed for no, or little, prison time instead of the up to nine- and 11 ¼-year recommendations issued by prosecutors, according to documents made public on Friday.

  • December 7, 2018

    Authentix Shareholders Challenge Nixed Appraisal Rights

    Shareholders of trade security firm Authentix Inc. contended Friday the Delaware Chancery Court wrongly determined they waived their rights to an appraisal following a private equity takeover, arguing a Delaware corporation cannot use a shareholder agreement to strip rights protected by state law.

  • December 7, 2018

    After Impasse, Weinstein Renews Bid To Quote Ch. 11 Docs

    Embattled movie studio executive Harvey Weinstein again asked a Delaware bankruptcy judge late Thursday for permission to use emails produced in the Chapter 11 case of his former company The Weinstein Co. to defend himself against criminal and civil charges related to allegations of sexual misconduct.

  • December 7, 2018

    Fed. Circ. Reverses Ax Of Novartis Patent Due To 1995 Law

    The Federal Circuit on Friday reversed a lower court decision invalidating a Novartis AG patent on the cancer drugs Zortress and Afinitor, saying that a 1995 law changing the length of patent terms meant the doctrine of double-patenting did not apply in the case.

  • December 7, 2018

    Genentech Asks Del. Chancery To Toss Takeda Patent Fight

    Biotech company Genentech Inc. told a Delaware vice chancellor on Friday that a lawsuit filed by Takeda Pharmaceuticals USA Inc. over disputed patent rights associated with a drug that treats ulcerative colitis and Crohn's disease should not be fought in Delaware Chancery Court.

  • December 7, 2018

    Taxation With Representation: Kirkland, Cahill, DLA, Brown

    In this week’s Taxation With Representation, Altice Europe NV sells a stake in a fiber-optic connection business for $2 billion, ResMed lands Propeller Health for $225 million, and Nexstar Media Group inks a $6.4 billion deal for Tribune Media Co.

  • December 7, 2018

    Data-Driven Lawyer: Morgan Lewis' J. Kyle Poe

    Morgan Lewis' J. Kyle Poe, a self-proclaimed "elder millennial," created a client management platform to streamline the firm's work in asbestos litigation that is now used across practice areas, making the firm's business more efficient and upping its ability to attract clients through innovative fee arrangements, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 7, 2018

    Del. Justices Uphold Fresenius' $4.3B Akorn Merger Drop

    Delaware's Supreme Court on Friday upheld a milestone Chancery Court finding that Fresenius Kabi AG had a right to terminate a $4.3 billion deal for generic-drug developer Akorn Inc., ruling less than two days after appeal arguments that Fresenius’ exit relied on defensible post-signing findings of material troubles at Akorn.

  • December 6, 2018

    Banks Look To Sink Millennium Trustee’s $35M Clawback Suit

    A group of banks that facilitated a $1.8 billion recapitalization dividend transaction for reorganized debtor Millennium Lab Holdings II LLC in 2014 told a Delaware bankruptcy judge Thursday that an estate trustee’s clawback action seeking recovery of $35.3 million in fees paid to the banks should be dismissed.

  • December 6, 2018

    Solar Co., Investors Seek End To Suit After Chancery Prod

    Opponents in an investor-led merger challenge and stock appraisal suit involving two solar power technology companies reported a settlement agreement late Thursday, potentially heading off litigation that Delaware's chancellor recently warned could burn any possible benefits.

  • December 6, 2018

    Saul Ewing Attorney Selected As Master In Del. Chancery

    Selena E. Molina, who has worked for the past year as an associate attorney in the litigation department of Saul Ewing Arnstein & Lehr LLP, has been appointed as a master in the Delaware Chancery Court.

  • December 6, 2018

    Verizon Unit's IP Suit Sent To Del. After Fed. Circ. Rebuke

    Verizon subsidiary Oath Holdings Inc. can defend a patent suit over advertisement technology in Delaware, a New York federal judge has ruled, following the Federal Circuit’s decision that the judge failed to follow its decision that TC Heartland was a change in the law.

  • December 6, 2018

    Amgen Settles 12th Sensipar Patent Fight

    Emcure Pharmaceuticals Ltd. and its subsidiary Heritage Pharmaceuticals Inc. have agreed to hold off on a generic version of Amgen Inc.’s blockbuster calcium reducer Sensipar, which is at least the 12th such deal to be announced in Delaware federal court.

  • December 6, 2018

    Fed. Circ. Asks Whether Endo's Opioid Patent Was Obvious

    Actavis LLC and Endo Pharmaceuticals Inc. faced questions from a Federal Circuit panel on Thursday regarding whether someone of ordinary skill could successfully develop Endo’s opioid painkiller Opana ER, amid Actavis’ appeal of a ruling that Endo’s Opana patent is valid.

  • December 6, 2018

    Data-Driven Lawyer: Ogletree's Evan Moses

    Ogletree's Evan Moses uses unconventional strategies to boost the firepower of his class action practice, including a homegrown Monte Carlo algorithm, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 5, 2018

    Medical Groups Back States In Association Health Plan Row

    The American Medical Association has told a D.C. federal judge that the U.S. Department of Labor's association health plan rule flies in the face of Affordable Care Act’s aim of trying to make sure patients across the country can get good, affordable health coverage.

  • December 5, 2018

    Ascent Creditors Say $75M Note Exchange Plan Is Dangerous

    The sole creditors of Ascent Capital Group Inc. asked a Delaware Chancery Court judge Wednesday for an injunction that will stop a proposed $75 million debt exchange transaction with an insolvent subsidiary the creditors say will put the company in danger of becoming insolvent itself.

Expert Analysis

  • Emerging Cybersecurity Threats In The Legal Industry

    Michael Hall

    Predicting how the cybersecurity landscape will develop is critical for any organization wanting to mitigate the risk of the inevitable future attack. Michael Hall of HighQ Solutions Ltd. discusses five threats to look out for in the next 12 months.

  • A Year-End Refresher On Laws Banning Pay History Inquiries

    Amy Traub

    A recent wave of state and local legislation aims to correct the disparate impact of a seemingly innocuous interviewing practice — asking a candidate about his or her salary history, say Amy Traub and Amanda Van Hoose Garofalo of BakerHostetler.

  • Rise Of The CMOs

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    Joshua Peck, incoming marketing director of Hill Wallack LLP, traces the evolution of the chief marketing officer position at law firms and shares insights from three legal marketing pioneers.

  • State Net

    Voters, Courts Slowly Take Lawmakers' Redistricting Power

    Rich Ehisen

    Thanks to the passage of ballot measures in this month's elections, Missouri, Colorado and Michigan have joined 13 other states that use independent commissions or other bipartisan or nonpartisan means to create legislative or congressional districts, or both, to combat gerrymandering, says Rich Ehisen of State Net Capitol Journal.

  • 10 Pitfalls For Shareholder Derivative Litigants

    Bryan Ketroser

    The shareholder derivative action is riddled with traps for the unwary. Time and again, I have seen litigators represent both nominal and individual defendants, only to get caught flat-footed when the conflict and case law are pointed out to them, says Bryan Ketroser of Alto Litigation PC.

  • State Trust Taxes Ripe For Constitutional Challenges

    Toni Ann Kruse

    Fielding v. Commissioner of Revenue is the most recent in a series of cases that have used the U.S. Constitution to curtail the ability of states to impose their income taxes on nongrantor irrevocable trusts. Toni Ann Kruse and Melissa Price of McDermott Will & Emery LLP discuss the implications of this trend.

  • Prospects For Tax Policy In The 116th Congress

    Evan Migdail

    Now that the results of the 2018 election are (mostly) in, Evan Migdail and Melissa Gierach at DLA Piper LLP consider what a Democratic House, Republican Senate and Trump administration may be able to accomplish in the way of tax policy during the lame-duck session and the upcoming 116th Congress.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    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 Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • Energy, Environment And The Elections: A Changed Mosaic

    Ali Zaidi

    Last week's midterm elections changed the regulatory landscape for energy and the environment in three subtle yet significant ways, say attorneys with Kirkland & Ellis LLP.