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Delaware

  • January 10, 2019

    3rd Circ Won’t Revive Oil Tycoon's Money Transfer Suit

     A Third Circuit panel has affirmed a lower court’s move to toss a suit brought by oil tycoon Jack Grynberg against a group of individuals and companies he accused of transferring money to avoid paying a $3.6 million judgment, deciding that the allegations were not specific enough.

  • January 10, 2019

    Investor Says More Info Needed In $1.3B Nutrisystem Merger

    A Nutrisystem Inc. shareholder claimed in a proposed class action in Delaware federal court that not enough information has been provided for investors to make an informed decision whether to support the proposed $1.3 billion merger between the company and Tivity Health Inc.

  • January 10, 2019

    $65M Lending Co. Sale Tainted By Conflict, Chancery Told

    Public stockholders of student and specialty lender First Marblehead Corp. challenged the company’s roughly $65 million go-private sale in Delaware’s Chancery Court on Wednesday, alleging the 2016 deal was steered by a conflicted controlling group to a company owned by First Marblehead’s second-largest stockholder.

  • January 10, 2019

    3rd Circ. Revives T-Mobile's Del. Cell Tower Zoning Fight

    The Third Circuit set new precedent Thursday as it revived a T-Mobile unit’s challenge to a Wilmington, Delaware, zoning decision that blocked the company from building a cell tower, saying T-Mobile’s efforts to remedy the prematurely filed lawsuit were enough to allow it to proceed.

  • January 10, 2019

    No Plan Deal Yet On Mammoet Ch. 11, NY Wheel Owner Says

    The developer of a scuttled observation wheel project objected Thursday in Delaware to the Chapter 11 plan disclosure statement of wheel designer and builder Mammoet-Starneth LLC, seeking to reserve its rights to oppose the plan should a consensual agreement among the parties not be reached.

  • January 10, 2019

    J&M Landlords Want Rent Paid Before Ch. 7 Conversion

    A group of landlords that leased store properties to bankrupt discount retailer J&M Sales Inc. objected late Wednesday to a move to convert the cases to Chapter 7 liquidations, saying it can’t occur until they receive prepetition and post-petition rent payments they are owed.

  • January 10, 2019

    Hotel Tech Holding Co.'s Ch. 11 Denied As Ploy To Evade Sale

    A Delaware judge dismissed hotel technology holding company interTouch Holdings LLC’s Chapter 11 on Thursday, ruling there was no valid bankruptcy purpose to be served as the filing was simply an attempt to avoid a sale of the company’s assets ordered by a New York court.

  • January 9, 2019

    Enviros Take $1.9B Pa. Pipeline Permit Fight To High Court

    Environmentalists urged the U.S. Supreme Court Wednesday to review a Third Circuit decision finding that it could hear their challenge to Pennsylvania’s approval of a pipeline permit before a state board reviewed the matter, saying the ruling would lead to incomplete records and strip aggrieved parties of their due process rights.

  • January 9, 2019

    Mass. AG Says Starion Misrepresented Distress In Ch. 11

    The Massachusetts attorney general told a Delaware bankruptcy court judge late Tuesday that utility provider Starion Energy Inc. misrepresented its financial distress when filing for Chapter 11 protection and that its petition was made in bad faith, requiring its dismissal.

  • January 9, 2019

    Hotel Co.'s Ex-Parent Can't Nix Claims Over $60M Award

    A Delaware federal judge refused Wednesday to dismiss claims brought against the former parent company of a hotel manager in a suit to enforce a nearly $60 million arbitral award relating to a luxury Morocco hotel, concluding that there was sufficient evidence the two companies had acted as a single entity.

  • January 9, 2019

    Biotech Co. Asks Del. Justices To Reverse $3M Breach Ruling

    A global health care and biosecurity company told Delaware’s Supreme Court Wednesday that a Chancery Court dismissal of its more-than $3 million contract dispute with a former partner misapplied ordinary statute of limitation precedents for installment contracts, allowing the ex-partner to avoid a breach liability.

  • January 9, 2019

    LBI Noteholder Trustees Object To Del. Ch. 11 Disclosure

    Trustees representing holders of $297 million in notes issued by bankrupt LBI Media Inc. objected Wednesday to the company’s Delaware Chapter 11 disclosure statement, citing concerns ranging from inadequate review time and undisclosed details about company sale plans to provisions for top officer compensation.

  • January 9, 2019

    Atty Fees Fuel Chancery Fight After Furniture Co. Merger

    The Delaware chancellor is considering a request by attorneys for investors who unsuccessfully challenged the roughly $170 million merger of furniture companies Design Within Reach Inc. and Herman Miller Inc. that they should be awarded $1.5 million in fees because they identified defective corporate acts that were subsequently fixed and legitimized the merger.

  • January 9, 2019

    US Trustee Flags Promise Healthcare's $3M Exec Bonus Plan

    The U.S. Trustee's Office on Wednesday objected to bankrupt hospital operator Promise Healthcare Group LLC’s plan to pay up to $3 million in bonus pay to an executive if certain targets are met in its planned Chapter 11 sale of assets, contending that the debtors have failed to justify the incentive payout.

  • January 9, 2019

    Fairway Energy's Ch. 11 Case Will Remain In Delaware

    The Chapter 11 case of oil storage company Fairway Energy LP will stay in Delaware after a bankruptcy judge on Wednesday denied a bid by a pair of equity holders to transfer the proceedings to Houston, saying great deference should be given to the debtor’s choice of venue.

  • January 9, 2019

    NFL Scores NJ High Court Win In Super Bowl Ticket Row

    The National Football League scored a victory Wednesday when the New Jersey Supreme Court ruled that the sale of only 1 percent of 2014 Super Bowl tickets to the public via a lottery did not violate a now-repealed state statute, as the justices provided guidance to the Third Circuit in a putative class action against the NFL.

  • January 8, 2019

    Weinstein Gets Ch. 11 Doc Access Pending NY Class Motion

    Ex-movie mogul Harvey Weinstein received permission in Delaware bankruptcy court Tuesday to use emails exchanged with accusers leveling sexual misconduct claims against him in his civil and criminal defense, but can't make them public for 48 hours to allow a proposed class of accusers time to seek additional restrictions in New York federal court.

  • January 8, 2019

    Red Hat Shareholder Drops Suit Over Planned $34B IBM Sale

    A Red Hat Inc. investor on Tuesday voluntarily dismissed a proposed class action in Delaware federal court that aimed to block a shareholder vote on the software company's planned $34 billion sale to IBM.

  • January 8, 2019

    Fairway Energy Fights Call To Move Ch. 11 Case To Texas

    Attorneys for bankrupt oil storage firm Fairway Energy LP told a Delaware bankruptcy judge Tuesday that its Chapter 11 proceedings should remain in the First State to facilitate marketing efforts for its underground oil storage operations on a national level.

  • January 8, 2019

    Fiat Tire Defect Claims Need Trimming, Judge Says

    A Delaware federal magistrate judge on Tuesday recommended trimming some claims as time-barred in a proposed class action against Fiat Chrysler that alleges a defect in certain Chrysler and Dodge vehicles caused tires to corrode or deflate.

Expert Analysis

  • The Continuing Shift Of Merger Litigation To Federal Courts

    Robert Long

    Class actions challenging proposed corporate mergers continue to be filed at record levels. And there are no signs that the shift of such cases from state to federal courts will let up in the years to come, say Robert Long and Andrew Sumner of Alston & Bird LLP.

  • Opinion

    State AGs Can Lead The Fight For Online Privacy Protection

    James Steyer

    The record $5 million settlement between Oath and the New York attorney general's office this month is more than just a win for children illegally targeted by advertising — it demonstrates how the government can protect our privacy and safety online, says James Steyer, a civil rights attorney and founder of Common Sense Media.

  • Series

    Judging A Book: Mills Reviews 'Mississippi's Federal Courts'

    Judge Michael Mills

    ​​David M. Hargrove's​ new book​,​ "Mississippi’s Federal Courts: A History," is a remarkably candid portrait of the characters and courts serving the state's federal judiciary from 1798 on, and contributes new scholarship on how judges were nominated during the civil rights era, says U.S. District Judge Michael Mills of the Northern District of Mississippi.

  • State Net

    New Year, New Opportunities For State Governments

    Lou Cannon

    While gridlock may prevail between the Democratic House and GOP Senate in Washington next year, it will be another story at the state level. For the first time since 1914, a single political party will control both chambers of every legislature except one, says Lou Cannon of State Net Capitol Journal.

  • In A Landlord Bankruptcy Sale, What Happens To The Lease?

    Michael Cook

    Few cases address a landlord debtor’s bankruptcy and its effect upon tenants. The matter of Revel AC, decided by the Third Circuit on Nov. 30, deals not only with that issue but also with the effect of a Section 363(f) bankruptcy court’s asset sale order, says Michael Cook of Schulte Roth & Zabel LLP.

  • Guest Feature

    The Subtle Art Of Fred Fielding

    Fred Fielding

    One of the rare attorneys to serve as White House counsel to two presidents, Fred Fielding of Morgan Lewis & Bockius LLP may be the quintessential Washington insider. Attorney Randy Maniloff asks him to elaborate.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • TC Heartland's Impact In 2018

    Alex Chachkes

    The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.

  • Fed. Circ. Provides Clarity On Patent Term Questions

    Irena Royzman

    Two recent decisions from the Federal Circuit — Novartis AG v. Ezra Ventures and Novartis Pharmaceuticals v. Breckenridge Pharmaceutical — clarify the law of "obviousness-type double patenting" and give certainty to biopharmaceutical patent owners, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.