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Delaware

  • August 7, 2018

    J&M Sales Will Seek Restructuring In Ch. 11 Case

    Bankrupt discount retailer J&M Sales Inc. will pursue a restructuring path in its Chapter 11 case, debtor attorneys told a Delaware judge Tuesday, but is keeping options open for an asset sale or liquidation as it struggles with a heavy debt load.

  • August 7, 2018

    Redstone Video Triggers New Battle In CBS Chancery Suit

    Elderly media figure Sumner Redstone landed back in the middle of a National Amusements Inc. battle to retain control over his empire Tuesday, with a motion in Delaware’s Chancery Court to strike an unauthorized video of the ailing former CEO from a CBS Corp. lawsuit.

  • August 7, 2018

    Bankrupt Real Mex Gets Access To $1.6M In DIP Financing

    The parent company of casual dining chain Real Mex Restaurants received bankruptcy court approval Tuesday to access $1.6 million of a $5.5 million debtor-in-possession financing package after the interim draw amount was slashed in half over questions about workers’ compensation program fees.

  • August 7, 2018

    Fed. Circ. Created Disclosure 'Anarchy,' Amgen Tells Justices

    The Federal Circuit deviated from the Patent Act when it imposed different standards on the written description and enablement disclosures of a patent, Amgen Inc. told the U.S. Supreme Court in urging it to take on its appeal of a case involving next-generation cholesterol drugs.

  • August 7, 2018

    PE Firms Trade Fraud Claims In Chancery Over $115M Deal

    Two private equity firms traded fraud and perjury accusations Tuesday during post-trial arguments over allegedly false or distorted seller disclosures before the $115 million sale of then-troubled e-payment processing company Plimus Inc. in late 2011.

  • August 7, 2018

    Jewelry Co. Hits Ch. 11 Amid Indian Bank Fraud Allegations

    Chain retailer Samuels Jewelers Inc. filed for Chapter 11 bankruptcy in Delaware on Tuesday, claiming that allegations of bank fraud against executives of its parent company in India — including the uncle of alleged fraudster Nirav Modi — have damaged the business and worsened its financial struggles.

  • August 7, 2018

    Biz Is Debt Collector Like Popeye's A Sailor, 3rd Circ. Says

    The Third Circuit said Tuesday that a Pennsylvania federal court properly found that a business met the “principal purpose” definition of a debt collector under the Fair Debt Collection Practices Act in ruling that the business violated that statute, likening the company’s status to the cartoon character Popeye being a sailor.

  • August 7, 2018

    3rd Circ. Agrees Unpaid Tolls Aren't Debt Under FDCPA

    A Third Circuit panel said Tuesday that a lower court was right to conclude that unpaid highway tolls are not a type of debt that can support a claim under the Fair Debt Collection Practices Act, affirming the dismissal of a lawsuit against an E-ZPass toll debt collector whose recovery letters allegedly violated a driver's privacy.

  • August 7, 2018

    AGs Urge DC Circ. To OK Block On Detainee Abortion Rules

    A coalition of attorneys general on Tuesday urged the D.C. Circuit to uphold a District of Columbia federal court's ruling that temporarily paused a federal agency's policy of blocking detained immigrant girls from accessing abortion services, saying such a policy violates the rights of both the states and women.

  • August 6, 2018

    Court Declines Fast Ch. 11 Hearing On $2.4M Ryckman Claim

    A liquidating trustee for bankrupt natural gas storage venture Ryckman Creek LLC lost a bid Monday for quick rejection of $2.4 million in purchase deductions sought by the company’s Chapter 11 buyer, just ahead of a fight over a disputed $11 million equity payment.

  • August 6, 2018

    Del. Ch. 11 Court OKs Hearing On Weinstein Contract Rules

    Over objections from at least 15 entertainment industry figures, a Delaware bankruptcy judge on Monday scheduled a hearing on streamlined procedures for rejecting or handing off eligible contracts from The Weinstein Co. to buyer Lantern Entertainment LLC.

  • August 6, 2018

    Aerogroup Creditor Agrees To Halt Foreclosure Action

    An attorney for bankrupt shoemaker Aerogroup International Inc. told a Delaware judge Monday that a post-petition lender had agreed to drop its efforts to foreclose on estate property to allow potential litigation against a company that had backed out of a deal to buy Aerogroup’s assets earlier this year.

  • August 6, 2018

    Retailer J&M Sales Opens Del. Ch. 11 With $110M Debt

    Discount store holding company J&M Sales Inc. on Monday filed for Chapter 11 in Delaware bankruptcy court, saying it will close 74 stores nationwide as part of its attempt to get out from under $110 million in debt.

  • August 6, 2018

    Producer Drops Film Rights Suit Against Weinstein, Disney

    A film producer has settled his claims with Walt Disney and The Weinstein Co. in a dispute over the rights to make a spinoff and sequel to the 1984 cult Hollywood horror film “Children of the Corn,” according to court documents filed in California federal court Monday.

  • August 6, 2018

    ActiveCare Delays Ch. 11 Auction Plan For Committee Talks

    Diabetes patient monitoring company ActiveCare Inc. will push back deadlines in its Chapter 11 sale process after telling a Delaware bankruptcy judge Monday that it would take an extra week to discuss its auction plan with a recently appointed committee of unsecured creditors.

  • August 6, 2018

    Tablet Maker Xplore Faces Shareholder Suit Over $90M Deal

    An investor filed a proposed class action in Delaware federal court Saturday seeking to halt the estimated $90 million sale of tablet maker Xplore Technologies Corp. to Zebra Technologies Corp., claiming he needs more information about the transaction.

  • August 6, 2018

    3rd Circ. Gives Biomet New Chance To Access Docs In IP Row

    Biomet Orthopaedics Switzerland GmbH on Monday earned a second chance at accessing confidential discovery materials the company claims are needed to fight trade secrets allegations in Germany, after the Third Circuit found that a lower court’s analysis before denying the request was incomplete.

  • August 6, 2018

    Real Mex Chain Again Files Ch. 11 With Planned $47M Sale

    The owner of Real Mex Restaurants filed for Chapter 11 protection in Delaware on Sunday citing increased wage and commodity costs and extensive competition as it aims to sell the chain’s remaining restaurants to private equity firm Z Capital Group for $47 million.

  • August 6, 2018

    Fed. Circ. Urged Not To Rehear Foreign IP Venue Ruling

    The owner of several telecommunications patents urged the Federal Circuit on Friday to leave in place its recent finding that foreign companies can be sued for patent infringement anywhere in the U.S., saying its lawsuit against Taiwan-based HTC Corp. should be allowed to proceed in Delaware.

  • August 3, 2018

    Lender Says Applebee's Franchisee Ch. 11 Bonuses Excessive

    The largest secured lender of bankrupt Applebee’s franchisee RMH Franchise Holdings Inc. objected Friday to the debtor’s proposed employee incentive and retention plans, saying they are excessive and duplicative of existing payment programs.

Expert Analysis

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Claims Trading Lessons From Delaware Bankruptcy Court

    Michael Rupe

    The Delaware bankruptcy court's opinion last month in Woodbridge serves as a cautionary reminder that policy preferences for free claim assignability do not serve to nullify properly drafted anti-assignment provisions, say attorneys with King & Spalding LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • New Bill Addresses Systemic Risk In Cannabis Banking

    Lance Boldrey

    The newly introduced STATES Act would alleviate most of the issues that financial institutions face in providing services to marijuana-related businesses, say attorneys with Dykema Gossett PLLC.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Vaccine Mandates And Lessons On Legal Compliance

    Alan Berkowitz

    Terminating or disciplining an employee who declines to get a vaccine because of a disability or religious belief exposes an employer to significant risk of a discrimination lawsuit. In Ruggiero v. Mount Nittany Medical Center, the Third Circuit established a relatively low threshold for employees to get past the initial pleading stage, say attorneys with Dechert LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Director Independence Disclosures: Be Careful What You Say

    Courtney Worcester

    Both stockholder plaintiffs and the Delaware courts are increasingly relying on company filings to assess director independence and the existence of a controlling stockholder. Companies should therefore draft independence disclosures not only to comply with the exchange rules, but also with an eye to their potential use in litigation, say attorneys with Foley & Lardner LLP.