Delaware

  • December 4, 2017

    3rd Circ. Upholds Maersk Win In Maritime Wages Row

    The Third Circuit broke with its own precedent Monday when it issued a published decision that, absent evidence of an unfair collective bargaining process, a court can’t give piecemeal review to a union contract freely entered by a former Maersk Line Ltd. seafarer seeking unpaid overtime.

  • December 4, 2017

    Developer Woodbridge Hits Ch. 11 Amid SEC Probe

    Real estate development and investment firm the Woodbridge Group of Companies LLC filed for Chapter 11 protection Monday in Delaware amid a U.S. Securities and Exchange Commission investigation into its fundraising practices, looking to restructure some $750 million in mostly retail note debt.

  • December 1, 2017

    Sprint Accuses Charter Of Infringing Internet Call IP

    Sprint sued Charter in Delaware federal court Friday for allegedly infringing patents on technology that lets users make phone calls over the internet, the latest in a series of suits that have produced a verdict and settlements worth hundreds of millions of dollars for Sprint.

  • December 1, 2017

    3rd Circ. Says Deportees Not A Protected Immigrant Group

    The Third Circuit on Thursday tossed a Mexican national’s appeal seeking protected status and deportation relief, finding that he could not prove he was targeted by a drug cartel because he had been previously deported.

  • December 1, 2017

    Insurance Tech Co.'s Value Depleted By Controller, Suit Says

    Minority shareholders of insurance technology company Bolt Solutions Inc. filed suit Friday in Delaware alleging the firm’s majority shareholder and board of directors engaged in self-dealing to sell the controlling interest in Bolt and eroded any value due to minority investors through repeated capital injections.

  • December 1, 2017

    CIBER Creditors Warn Of Uneven Recoveries In Del. Ch. 11

    Unsecured creditors of bankrupt information technology company CIBER Inc. objected Friday to the confirmation of the company’s Chapter 11 plan in Delaware federal court, alleging inadequate disclosures of plan details and impermissible, disparate treatment of creditors.

  • December 1, 2017

    Chancery Tosses Shareholder Suit Over Oracle Merger

    The Delaware Chancery Court on Thursday dismissed a suit disputing a 2016 merger between Oracle Corp. and a cloud service provider, saying the objecting shareholder failed to show a single shareholder or shareholder group forced through an unfair deal.

  • December 1, 2017

    Exelco Ch. 15 Reps Join Calls To Throw Out Ch. 11 Case

    The foreign representatives for diamond cutter and wholesaler Exelco NV’s pending Chapter 15 case, who were appointed by a court in Belgium, joined the calls to have a competing earlier Chapter 11 case thrown out late Thursday, arguing that the initial bankruptcy filing was lodged in bad faith.

  • December 1, 2017

    3rd Circ. Denies Full Court Redo In Traveler's TSA Dispute

    The Third Circuit on Friday said it will not revisit a panel’s finding saying that Transportation Security Administration airport screeners cannot be sued for allegedly retaliating against travelers who exercise free speech, delivering a blow to an architect who said he was falsely accused of making a bomb threat.

  • December 1, 2017

    Chancery Allows Tilton Ouster From Boards In Zohar Fight

    A Delaware Chancery judge late Thursday sided with a group of collateralized loan obligation businesses, known as the Zohar funds and once managed by Patriarch Partners CEO Lynn Tilton, in a fight over who controls the equity vote in several portfolio companies, rendering a ruling that allows for Tilton's ouster from the firms' boards.

  • December 1, 2017

    ETE Refused $1.5B Williams Merger Termination Fee In Del.

    Delaware’s Chancery Court on Friday dismissed a demand for a $1.48 billion termination fee that Energy Transfer Equity LP sought after successfully suing last year to shut down its own merger with The Williams Cos., a deal once valued at $38 billion.

  • December 1, 2017

    Siren Co. Asks 3rd Circ. To Uphold Fees In Firefighter Scrap

    Siren manufacturer Federal Signal Corp. urged the Third Circuit on Thursday to affirm an award for costs and fees issued by a Pennsylvania federal judge after finding attorneys for a proposed class of firefighters suing over hearing loss failed to conduct due diligence before filing the suit.

  • December 1, 2017

    InSys Investor Suit Put On Hold As Criminal Action Plays Out

    A derivative suit brought against the directors and officers of drugmaker Insys Therapeutics Inc. in Delaware Chancery Court over an alleged off-label prescription scheme will be stayed as federal criminal proceedings against the executives move forward, a judge ruled Thursday.

  • December 1, 2017

    Senate GOP Reaches SALT, Pass-Through Tax Rate Deals

    The Senate’s $1.4 trillion tax cut bill appeared to be nearing final passage in the chamber Friday after agreements were reached to increase the tax benefit for pass-through businesses and permit a deduction for state and local property taxes.

  • November 30, 2017

    Judge Finds No Evidence DuPont Knowingly Misled Investors

    A Delaware state judge has dismissed a shareholder’s suit alleging DuPont executives intentionally misrepresented the potential success of a spinoff of the company’s performance chemicals division into the Chemours Co., saying the shareholder had failed to show executives purposely misled investors.

  • November 30, 2017

    Reynolds Wins Ruling Over ITG In Fla. Tobacco Fee Dispute

    Tobacco company ITG Brands LLC lost out on Thursday in a dispute over whether or not it’s obligated to keep trying to reach a deal with Florida over costs tied to its $7 billion dollar purchase of four cigarette brands from R.J. Reynolds Tobacco, after Delaware’s Chancery Court ruled the burden is solely ITG’s to bear.

  • November 30, 2017

    Harvard, Micron Tech IP Suit Moved In Light Of TC Heartland

    A Boston federal judge on Thursday relocated Harvard College's suit against Micron Technology over computer technology patents after a Federal Circuit ruling tossed his earlier decision and resolved a jurisdictional debate nagging judges nationwide.

  • November 30, 2017

    Galena Class Settlement Must Proceed, Del. Court Says

    A Delaware vice chancellor on Thursday ordered a Galena Biopharma Inc. stockholder class to honor its $1.3 million agreement ending a dispute over vote counting for a company share increase and director elections, saying that the settlement terms were clear.

  • November 30, 2017

    Hyper-Accelerated Maurice Sale Plans Draw Trustee Rebuke

    A 32-day sale timeline proposed by bankrupt retail distributor Maurice Sporting Goods Inc. drew an objection from the U.S. trustee Thursday, who said the plan does not provide enough time for the assets to be marketed or for bidders to perform due diligence before the Dec. 13 bid deadline.

  • November 30, 2017

    3rd Circ. Affirms Skadden Win In Radnor Ex-CEO’s Suit

    The Third Circuit on Thursday upheld two prior rulings freeing Skadden Arps Slate Meagher & Flom LLP from a lawsuit over an alleged conspiracy between the firm and the eventual buyer of bankrupt Radnor Holdings Corp., finding that the statute of limitations on the claims has run.

Expert Analysis

  • Being A Public-Benefit Corporation In California, Delaware

    Jonathan Storper

    Benefit corporation legislation created a new kind of corporation that is required to pursue a social and environmental mission in addition to creating economic benefits for its shareholders. Here, Jonathan Storper of Hanson Bridgett LLP breaks down the reporting requirements for California and Delaware benefit corporations and offers some best practices.

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • 3 Contract Drafting Myths Debunked

    Robert Velevis

    The recent Delaware Court of Chancery decision in TA Operating v. Comdata gives us a rare opportunity to debunk three common drafting myths and reminds us that the words we choose in our contracts matter, say attorneys with Sidley Austin LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Clean Water Act Challenges To Pipeline Projects: Part 2

    Joel Beauvais

    A slew of recent court rulings have addressed challenges to state pipeline permitting decisions under the Clean Water Act. The cases include industry appeals of high-profile permit denials by the state of New York, and environmental groups' objections to project certifications by other states. These rulings set important precedents, say Joel Beauvais and Janna Chesno of Latham & Watkins LLP.

  • Trending In Telehealth: Behavioral Health Services

    Amy Lerman

    An increasing number of behavioral health care professionals are becoming more and more interested in using telehealth platforms to connect with their patients, and there is much new and updated guidance from states regarding the practice of providing such services in this space, says Amy Lerman of Epstein Becker & Green PC.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Defending Defective Building Material Claims Under The UCC

    Somers Price

    Defective building material claims under the Uniform Commercial Code are vulnerable to summary judgment, and furthermore, the general durability of building materials makes such claims susceptible to being barred by the state of limitations or repose, say Somers Price and Dominique Meyer of Potter Anderson & Corroon LLP.