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  • October 31, 2018

    Del. Judge Nixes Irish Bank Creditor's U.S. Ch. 15 Suit

    A Delaware bankruptcy judge rejected a creditor’s bid Wednesday for clearance to sue foreign representatives of Irish Bank Resolution Corp. in Delaware for actions in Ireland, saying the proposal was "well beyond the scope" of the bank’s Delaware Chapter 15 case.

  • October 31, 2018

    19 States Urge DC Circ. To Block Military Transgender Ban

    Nineteen states and the District of Columbia have urged the D.C. Circuit not to lift an injunction against a Trump administration policy that would ban many transgender people from military service, arguing the policy is both "irrational" and unconstitutional.

  • October 31, 2018

    Cardiac Tech Co. Stakeholders Want Board Members Verified

    Stakeholders in cardiac technology company Cleveland Heart Inc. filed a lawsuit Wednesday in Delaware Chancery Court seeking a determination of who sits on the company’s board and access to records to determine if the board has been engaged in wrongdoing including the improper transfer of assets.

  • October 31, 2018

    DOL Seeks To Quash States' Association Health Plan Suit

    The U.S. Department of Labor on Tuesday asked a Washington, D.C., federal judge to dismiss a lawsuit challenging the agency's association health plan rule, telling the judge the states that sued over the rule do not have standing to challenge the measure.

  • October 31, 2018

    Pharma Co. Egalet Hits Ch. 11 With $129M Debt

    Pharmaceutical company Egalet Corp. hit Chapter 11 in bankruptcy court in Delaware with nearly $129 million in debt and a prepackaged plan that includes a debt-for-equity swap and the purchase of four pain management drugs from another pharmaceutical company.

  • October 31, 2018

    Transco Pipeline Access Is Constitutional, 3rd Circ. Says

    The Third Circuit has backed Transco’s immediate access to various Pennsylvania properties for its natural gas pipeline upgrade through five states, ruling in a precedential decision Tuesday that a lower court’s interpretation of federal natural gas law didn’t violate the separation of powers model established by the U.S. Constitution.

  • October 31, 2018

    Investors Ask Chancery For Receiver For 3D TV Tech Cos.

    Shareholders in a pair of 3D television technology development companies petitioned the Delaware Chancery Court Wednesday for the appointment of a receiver to manage the companies after their leaders allegedly diverted investment funds for their own personal use.

  • October 31, 2018

    NY Wheel Builder To Seek Ch. 11 Sale Of Project Components

    Mammoet-Starneth LLC told a Delaware bankruptcy court judge Wednesday that it will pursue a Chapter 11 sale of the manufactured components of the large observation wheel it was contracted to build in New York City after the project developer couldn’t secure alternative funding.

  • October 31, 2018

    3rd Circ. Upholds Man’s Deportation For Counterfeit Check

    The Third Circuit on Tuesday upheld a decision to deport a man back to Sierra Leone for depositing a $468 counterfeit check, ruling that because the man was part of a larger scheme that cost victims more than $10,000, the immigration courts correctly determined he’d committed an aggravated felony.

  • October 30, 2018

    Papa John's Failed In Chancery Books Trial, Founder Says

    Papa John's pizza chain founder John Schnatter argued in a post-trial Chancery Court brief on Tuesday that the company mounted a campaign of personal attacks rather than providing evidence at trial supporting its denials of records related to his ouster as CEO and chairman.

  • October 30, 2018

    NY Wheel Builder To Chart Ch. 11 Course After Failed Deal

    The bankrupt design-build firm behind a large observation wheel project in New York City will update a Delaware judge on the status of its Chapter 11 case after the project's developer was unable to secure financing to continue the project and terminated a settlement among the parties.

  • October 30, 2018

    Akorn Says Chancery Rewrote Law In Letting $4.3B Deal Die

    Akorn Inc. urged the Delaware Supreme Court on Monday to reverse a Chancery Court ruling that allowed Fresenius Kabi AG to walk away from its $4.3 billion acquisition of Akorn, claiming the lower court rewrote Delaware law and provided a "blueprint" for future mergers to be scuttled by "remorseful buyers."

  • October 30, 2018

    Chancery Suit Slams Murdochs’ $83M Disney Merger Windfall

    Terming the awards “preposterous,” Twenty-First Century Fox Inc. stockholders opened a Delaware Chancery Court class damage suit Monday targeting nearly $83 million in retention bonuses for controlling investor Rupert Murdoch and his sons as part of Fox’s planned $71.3 billion merger with Walt Disney Company.

  • October 30, 2018

    Applebee's Calls Franchisee's Ch. 11 Plan A 'Travesty'

    The parent company of the Applebee’s chain of casual restaurants objected Tuesday to confirmation of a Chapter 11 reorganization plan proposed in Delaware court by one of its largest franchisees, saying the "travesty" of a plan doesn’t provide for the payment of more than $14 million in cure costs owed to Applebee’s and is unconfirmable.

  • October 30, 2018

    Patriarch Brands Zohar Ch. 11 Cash Plan As Deal-Breaker

    Investment firms led by business turnaround mogul Lynn Tilton slammed cash management proposals Tuesday for the bankrupt, collateralized loan “Zohar” funds she once controlled, arguing that creditors and others are trying to dismantle a settlement in the Delaware Chapter 11 case.

  • October 30, 2018

    Conflicting Verdict Sunk Lotion Trademark Row, 3rd Circ. Told

    A Swedish skincare entrepreneur urged the Third Circuit on Tuesday to revive his trademark infringement lawsuit accusing Galderma Laboratories LP and its subsidiaries of using his eczema lotion name in its Cetaphil product line, telling a three-judge panel that his unfair competition allegations were sunk due to a jury’s conflicting conclusions.

  • October 30, 2018

    NJ Transit Not Immune From Retaliation Suit, 3rd Circ. Told

    A railroad foreman told the Third Circuit on Tuesday that NJ Transit cannot claim immunity to dodge his Federal Rail Safety Act suit alleging he was retaliated against for reporting an injury, saying the court's validation that NJ Transit has immunity would trigger “catastrophic ramifications” for workers and passengers.

  • October 30, 2018

    Attys Seek $13.5M Fees In Row Over Grupo Mexico Deal

    Andrews & Springer LLC and Friedman Oster & Tejtel PLLC are seeking $13.5 million in fees for brokering a proposed $50 million settlement for Southern Copper Corp. shareholders in their Delaware Chancery Court suit against Grupo Mexico SAB that claimed the Mexican mining giant improperly bought control of two Southern Copper-related power plants.

  • October 29, 2018

    Post Holdings Must Return $1M To Egg Co. Shareholders

    A Delaware chancellor on Monday ordered Post Holdings Inc. to return to National Pasteurized Eggs Inc.'s shareholders $974,000 in tax refunds and insurance proceeds that were incurred prior to the completion of the companies’ $94 million merger in 2016, finding the purchase agreement mandated such a payment.

  • October 29, 2018

    Chancery Bars Cabela's Info From Ex-Workers' New Biz

    Sporting goods retailer Cabela’s LLC partially succeeded in its quest for a preliminary injunction against a group of former employees Monday when a Delaware Chancery Court judge said the ex-workers would be barred from using Cabela’s confidential information and from engaging its suppliers as it prepared to launch a competing business.

Expert Analysis

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • Try Using Neutrals For State Court ESI Disputes

    Robert Wilkins

    According to the Florida Rules of Civil Procedure, cooperating with opposing counsel to resolve electronically stored information disputes is not required in litigation that is not designated as complex, unless provided for by an individual judge or in certain circuits. But mandated or not, this is a best practice in any state court action, says Robert Wilkins of Jones Foster Johnston & Stubbs PA.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • 3rd Circ. Deepens Uncertainty Over FINRA Arbitration

    David Cinotti

    The Third Circuit's decision last month in Reading Health System v. Bear Stearns adds to a circuit split on whether a contractual forum-selection clause supersedes or waives Financial Industry Regulatory Authority arbitration. However, U.S. Supreme Court review of the issue might be premature, says David Cinotti of Pashman Stein Walder Hayden PC.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.

  • 8 Innovative Ways To Empower Jurors

    Christopher Campbell

    Much time and attention have been focused on improving lawyers' abilities to communicate with and persuade juries in complex trials. But it is equally important to equip and prepare jurors to become better students in the courtroom, say attorneys with DLA Piper and Litstrat Inc.

  • Cloud Computing Clearly The Future For Small Firms

    Holly Urban

    While in-house technology investments on the scale and complexity needed to compete with large firms remain cost prohibitive for small and midsize law firms, cloud-based services offer significant cost savings and productivity gains with little to no capital investment, says Holly Urban of Effortless Legal LLC.