Delaware

  • February 9, 2018

    Kindred Shareholders Sue Over $4.1B Deal's Missing Info

    A putative class of Kindred Healthcare Inc. shareholders launched a lawsuit in Delaware federal court Thursday over its $4.1 billion acquisition by Humana and two private equity firms, alleging that the company filed an incomplete proxy statement that does not allow them to assess the fairness of the deal.

  • February 8, 2018

    Regency Seeks Second Toss Of Remanded $11B Merger Suit

    Attorneys for Regency Energy Partners LP argued anew in Delaware's Chancery Court on Thursday for dismissal of a challenge to its $11.2 billion merger with Energy Transfer Partners LP in 2015, arguing that opposing unitholders failed to show subjective bad faith drove the decision.

  • February 8, 2018

    Purdue Says Collegium's Nucynta Sales Infringe 3 Patents

    Purdue Pharma LP on Wednesday accused Collegium NF LLC in Delaware federal court of infringing three of its patents covering a gelling agent when it started selling formulations of the opioid painkiller Nucynta.

  • February 8, 2018

    3rd Circ. Won’t Put Media Ownership Deregulation On Hold

    The Third Circuit refused to stop the Federal Communications Commission’s order lifting broadcast media ownership rules from taking effect Wednesday amid a challenge from media groups, holding that the groups had not “satisfied the exacting standard” for a stay of the agency’s action.

  • February 8, 2018

    3rd Circ. Won't Rehear Crystallex $1.4B Venezuela Mine Suit

    The Third Circuit recently declined to reconsider its ruling that Canadian mining company Crystallex cannot sue the Delaware subsidiary of Venezuela's national oil company to collect a $1.39 billion arbitral award over a canceled mining contract, denying the miner’s rehearing bid.

  • February 8, 2018

    Ascent Resources Marcellus OK'd For Quick Prepack Ch. 11

    A Delaware bankruptcy judge on Thursday gave Ascent Resources Marcellus Holdings LLC the green light for a prepackaged Chapter 11 case aiming for a six-week confirmation target to rework roughly $1 billion in debt, allowing the oil and gas developer and producer to fund its proceedings with lender cash.

  • February 8, 2018

    Accused Ponzi Leader Seeks End To SEC’s $1B Asset Freeze

    Accused Ponzi scheme architect Robert H. Shapiro asked a Florida federal judge late Wednesday to lift or modify a U.S. Securities and Exchange Commission freeze on some $1 billion in assets under his control, citing limitations in a recent U.S. Supreme Court ruling and calling the lock-up excessive.

  • February 8, 2018

    Auto Parts Supplier Sues CBP For Seizing ‘Lawful’ Parts

    An automobile parts supplier accused the government of illegally seizing its imported repair grilles in a suit in Delaware federal court Wednesday, saying the parts are not counterfeit but “lawful replacement parts.”

  • February 7, 2018

    Firms At Odds Over $22.5M In Fox News Settlement Fees

    A rare public fight has broken out among co-counsel as attorneys for Fox News shareholders traded blows over $22.5 million in proposed attorneys’ fees, their cut of a $90 million settlement to end Delaware Chancery claims triggered by the network’s workplace harassment saga.

  • February 7, 2018

    FDA Approves Gilead's HIV Med; Rival Claims Infringement

    Hours after the U.S. Food and Drug Administration approved Gilead Sciences Inc.’s new HIV medication Biktarvy, rival ViiV Healthcare Co. filed a patent infringement lawsuit in Delaware federal court Wednesday accusing the biotech company of copying its Tivicay drug, which in 2016 hit $1.4 billion in sales.

  • February 7, 2018

    Ill. Bank Shareholder Sues Over Merger Disclosures

    A shareholder of Illinois-based retail bank First BancTrust Corporation filed suit in Delaware federal court late Tuesday alleging the company’s directors omitted material information about its financial projections in a proxy statement detailing a proposed merger with First Mid-Illinois BancShares Inc.

  • February 7, 2018

    Macaroni Grill Plan Confirmed Over WARN Class Objection

    The Chapter 11 plan of bankrupt restaurant chain Romano's Macaroni Grill received court approval Wednesday in Delaware after a judge overruled the objections of a proposed class of terminated employees who said the plan wasn't feasible.

  • February 7, 2018

    3rd Circ. Denies GSK Rehearing Bid In Flonase Antitrust Suit

    The Third Circuit on Wednesday said it won’t reconsider its decision to let Louisiana sue GlaxoSmithKline for allegedly blocking a generic version of its nasal spray Flonase despite the state not actively opting out of a 2013 class action settlement.

  • February 7, 2018

    2017 Patent Litigation: A Year In Review

    A Supreme Court ruling redrew the patent litigation map. The International Trade Commission became an ever more popular patent venue. District courts saw fewer cases. The Patent Trial and Appeal Board isn’t what it used to be. 2017 was a challenging year for patent attorneys.

  • February 7, 2018

    BMW Dealerships Not ‘Places Of Business,' Judge Rules

    BMW dealerships that are owned by other companies are not “places of business” for the automaker under the U.S. Supreme Court’s TC Heartland ruling, a California federal judge has held in a decision transferring a patent case against BMW to Delaware for improper venue.

  • February 7, 2018

    Vice Chancellor OKs Fees In Investor Row, Blasts Bank Attys

    In an often-damning ruling, a Delaware vice chancellor on Wednesday granted stockholder attorneys their full $610,300 fee request for litigation rendered moot by HopFed Bancorp Inc.’s under-pressure overhaul of an improperly restrictive director nominating and eligibility bylaw last year.

  • February 7, 2018

    Beyond Gilstrap: 5 Judges To Watch In Patent Litigation

    Judge Rodney Gilstrap in the Eastern District of Texas has long sat atop America’s patent docket. But as the patent litigation landscape shifts, here’s a look at some other judges who should also be on your radar.

  • February 7, 2018

    New Normal Takes Shape After TC Heartland Shakeup

    The number of patent complaints filed in the Eastern District of Texas dropped significantly following the U.S. Supreme Court’s TC Heartland ruling while Delaware and other venues saw more action, but attorneys say they don’t expect filing trends to change much more going forward.

  • February 7, 2018

    ITC Patent Rebound Shows Signs It’s Here To Stay

    The resurgence of patent cases at the U.S. International Trade Commission continued in 2017, settling in at a level many believe will become the new standard amid lingering uncertainty for patent owners in district court litigation and an increased awareness of what the commission has to offer.

  • February 7, 2018

    How Patent Litigation Changed In 2017

    A new report from legal analytics firm Lex Machina reveals some major shifts in the U.S. patent landscape that came amid a tumultuous year for patent attorneys. Here are some of the key findings from the 2017 data.

Expert Analysis

  • Significant 2017 Decisions Affecting Private M&A: Part 3

    Ronald Levine II

    In the concluding part of this series, attorneys with Arnold & Porter Kaye Scholer LLP discuss cases that are cautionary tales on drafting charter preferred stock provisions and forming contracts via emails.

  • 3rd Circ. Confirms Limits Of The Rooker-Feldman Doctrine

    Steven Wilamowsky

    The Third Circuit's recent decision in Philadelphia Entertainment & Development Partners limited the reach of the Rooker-Feldman doctrine as a defense to bankruptcy avoidance actions. The court’s reasoning, however, has implications that go beyond bankruptcy, say Steven Wilamowsky and Sara Ghadiri of Chapman and Cutler LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Significant 2017 Decisions Affecting Private M&A: Part 2

    Edward Deibert

    In the second installment of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss lessons on fiduciary duties and director removal bylaws from the Delaware Chancery Court last year.

  • Significant 2017 Decisions Affecting Private M&A: Part 1

    Nicholas O’Keefe

    In the first article of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss two Delaware cases with lessons on drafting working capital adjustments and fraud carveouts.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • How Delaware Courts Approach Effort Commitments

    Henry Alderfer

    Recent cases from Delaware have provided insight into how courts analyze and interpret contractual commitments to use various levels of effort under Delaware law, says Henry Alderfer of Taft Stettinius & Hollister LLP.