Delaware

  • May 11, 2018

    Avee's Abbott Escrow Row Partly Nixed, But Open To Change

    Abbott Laboratories successfully argued to have part of a suit over settlement payments made from a $36 million indemnity escrow fund dismissed Friday, but a Delaware judge left the door open for the complaint against Abbott to be amended in the future to address potential contract breach claims.

  • May 11, 2018

    US Trustee Slams Zohar Funds' Call To Seal Ch. 11 Settlement

    The U.S. Trustee on Friday objected to a motion by the Zohar Funds asking the Delaware Bankruptcy Court to seal part of their settlement with creditors and insurers, saying they hadn’t proven the information is confidential.

  • May 11, 2018

    3rd. Circ. Keeps Insurer's Win In Subscribers' Suit Over Fees

    The Third Circuit has declined to revive a suit against Erie Indemnity Co. and its officers over the company's alleged misappropriation of funds that subscribers say rightfully belonged to the subscriber-owned Erie Insurance Exchange.

  • May 10, 2018

    3rd Circ. Affirms Pa. Doctor's Trial Win In Patient Death Suit

    The Third Circuit affirmed a defense verdict in a suit alleging a patient’s death was caused by a doctor’s failure to surgically implant a feeding tube as requested by the patient’s son as power of attorney, saying on Thursday the doctor’s medical expert testimony was properly admitted at trial.

  • May 10, 2018

    Video Ad Tech Firm Hits Ch. 11 With Plan For Asset Sale

    Advertising software company Videology Inc. hit Chapter 11 Thursday in Delaware with an offer in hand to sell its assets, saying the transformation of television and video advertising wasn’t moving fast enough for it to meet its financial obligations.

  • May 10, 2018

    GWB Figures Say Salary Expenses Can't Sustain Convictions

    Two former associates of ex-New Jersey Gov. Chris Christie told the Third Circuit on Wednesday that prosecutors have not proven they misused government resources worth at least $5,000 in causing politically motivated gridlock at the George Washington Bridge, marking the threshold needed to sustain some of their convictions in the scandal.

  • May 10, 2018

    Applebee's Franchisee To Fund Ch. 11 With Lender Cash

    An Applebee’s Neighborhood Bar and Grill franchisee with 159 restaurants in 15 states received permission from a Delaware judge on Thursday to finance its Chapter 11 case with the use of secured lenders’ cash collateral.

  • May 10, 2018

    NantKwest Says Investors Lack Standing For Some Claims

    Investors who sued directors and officers of biopharmaceutical venture NantKwest Inc. and its high-profile CEO lack standing for their derivative claims and can’t overcome director protections from damage awards, an attorney for the company told a Delaware vice chancellor Thursday.

  • May 10, 2018

    Drone Co. Counters Patent Suit With Antitrust Claims

    A patent infringement lawsuit between SZ DJI Technology Co. Ltd. and fellow Chinese drone-maker Autel Robotics Co. Ltd. is growing into a fight over international trade and alleged predatory pricing, with Autel going on the offensive with counterclaims accusing the market leader of antitrust violations.

  • May 10, 2018

    Scientist Asks 3rd Circ. To Rehear $5.8M Royalty Tax Case

    A pharmaceutical scientist has pushed for the Third Circuit to reconsider its decision to uphold a $5.8 million tax deficiency against him, arguing that royalties paid on a technology license agreement should be treated as capital gains and not as ordinary income.

  • May 10, 2018

    Del. Justices Won't Revive Suit Over $1.5B Fortress Deal

    Citing in part a missed opportunity for a lower court pleading, Delaware’s Supreme Court on Thursday refused to revive a proposed class challenge to a Fortress Investment Group LLC affiliate’s $1.5 billion acquisition of a mortgage servicing company in April 2015.

  • May 10, 2018

    3 Things Lawyers Should Know About Chapter 11 Real Estate

    So far, 2018 has seen a wave of retailers and restaurant chains file for Chapter 11 protection — including most recently one of Applebee's largest franchise holders — and experts say such bankruptcy proceedings come with unique sets of challenges because they deal with leases and real property, as opposed to more traditional creditor-debtor matters. 

  • May 9, 2018

    Former Egg Co. Execs Try To Duck Merger Fraud Claims

    Three former executives of National Pasteurized Eggs Inc. told a Delaware Chancery Court judge Wednesday that the company’s acquirer had not shown they knew information in a merger contract was false, asking that fraud claims over the tie-up be dismissed.

  • May 9, 2018

    DuPont Gets $7M Leukemia Liability Award Tossed

    A Texas state appellate court has overturned a $7 million jury award to an industrial painter who claimed his leukemia was caused by exposure to a chemical found in paint and thinners manufactured by DuPont Co., ruling the patient’s experts did not base their testimony on reliable evidence.

  • May 9, 2018

    Dell Appraisal Case’s Next Phase Gets Off To Cautious Start

    The Dell Inc. appraisal action pending in Delaware Chancery Court will take a breather as the judge presiding over the case said Wednesday he would need to consider a path forward in the case following a remand from the state’s Supreme Court.

  • May 9, 2018

    Tutor Perini's $22M Earnout Refusal Called 'Breathtaking'

    An attorney for interest holders in a specialty contractor acquired by Tutor Perini Corp. in 2011 told three Delaware Supreme Court justices Wednesday that the buyer offered both “breathtaking” and “ridiculous” justifications for withholding $22 million in post-merger earnout payments and interest.

  • May 9, 2018

    Fed. Circ. Won't Limit Where Foreign Cos. Face Patent Suits

    The Federal Circuit on Wednesday refused to put limits on where foreign companies can be sued for patent infringement, allowing a case against HTC Corp. over telecommunications patents to move forward in Delaware.

  • May 9, 2018

    Judge To Move Fast On Suit Over Census Citizenship Query

    A Manhattan federal judge said Wednesday he will move quickly to resolve a challenge by a coalition of states to the Trump administration's controversial decision to add a question on citizenship status to the 2020 census, noting the approaching population count and the high likelihood of appellate review.

  • May 9, 2018

    Chancery Won't Fast-Track Rite Aid-Albertsons Merger Fight

    Delaware’s chancellor on Wednesday rejected a Rite Aid investor’s bid to expedite a preliminary injunction motion aimed at blocking a merger of the pharmacy chain’s remaining stores with Albertsons Cos., pending action on a dispute over deal terms for stockholders and appraisal rights.

  • May 9, 2018

    3rd Circ. Upholds TD Bank Win In Currency Conversion Suit

    The Third Circuit on Tuesday upheld a win for TD Bank NA in a proposed class action alleging the bank charged an embedded fee when converting foreign currency, ruling nothing in its customer agreement specified which formula the bank would use and that the suit did not present any evidence the formula was intentionally withheld.

Expert Analysis

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.

  • Roundup

    Dissolving Practice

    Dissolving Practice

    In this series, experts discuss the unique aspects of closing a law firm, and some common symptoms of dysfunctionality in a firm that can be repaired before it's too late.

  • Series

    Dissolving Practice: How To Fix A Dysfunctional Law Firm

    Larry Richard

    I am often asked, “When there are one or more partner departures, what can a firm do to prevent this from escalating to a catastrophic level?” The short answer is “nothing.” Law firms need to adopt culture-strengthening lifestyles to prevent defections from occurring in the first place, says Larry Richard of LawyerBrain LLC.

  • Series

    Dissolving Practice: Partner Agreement Clauses That Can Help

    ​​​​​Leslie Corwin

    Given the competing public policies of protecting clients’ right to counsel of their choice, lawyer mobility, and the fiduciary duty partners owe to a dissolved firm, it behooves law firms to carefully review their partnership agreements to make sure they adequately spell out what happens in the unfortunate event that the law firm chooses to wind down, say ​​​​​Leslie Corwin and Rachel Sims of Blank Rome LLP.

  • When Are Minority Stockholders Controllers?

    Scott Barshay

    The Delaware Chancery Court's recent decision in a Tesla stockholder case shows that even a shareholder with a “relatively low” ownership stake representing a “small block” may be found to be controlling under certain circumstances, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.