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Delaware

  • 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.

  • August 3, 2018

    ​​​​​​​FTC Can't Block Theoretical Drugmaker Moves, Shire Says

    The Federal Trade Commission is exceeding its authority by trying to preemptively block Shire ViroPharma Inc. from petitioning the U.S. Food and Drug Administration to delay generic competition based on theoretical concerns it may do so, the drugmaker told the Third Circuit in a newly filed brief.

  • August 3, 2018

    Oaktree Slams Claire's Ch. 11 Moves, Challenges Control

    Private equity firm Oaktree Capital Management challenged Claire's Inc.'s exclusive control of its $2.1 billion Chapter 11 Friday, arguing that the jewelry retailer has backed out of an assurance that it will seriously entertain a wider range of bids for the company.

  • August 3, 2018

    Brookstone To Begin Closing Sales At All 101 Mall Locations

    Attorneys for Brookstone told a Delaware bankruptcy judge Friday that the consumer gadget retailer will begin closing sales at all 101 of its mall stores and its lone discount outlet center beginning immediately as it pursues a going concern sale for its remaining retail and e-commerce assets.

  • August 3, 2018

    Weinstein Says Rape Grand Jury Didn't See Exculpatory Info

    Disgraced movie mogul Harvey Weinstein asked a Manhattan state judge Friday to dismiss criminal charges accusing him of raping three women, asserting that Manhattan District Attorney Cyrus Vance kept exculpatory emails away from the grand jury that indicted him.

  • August 3, 2018

    Chancery Denies Quick Breakup For $1B Development Firm

    Pointing to contract remedies that have not yet been exhausted, a Delaware vice chancellor on Friday stayed or dismissed four counts in a suit seeking dissolution of a $1 billion Long Island, New York, redevelopment company, over one partner’s objections that distrust had poisoned the venture.

  • August 3, 2018

    Xerium Investor Asks Delaware Court To Halt $833M Merger

    The $833 million merger of fabrics manufacturer Xerium Technologies Inc. with an Austrian technology group has been hit with a challenge in Delaware federal court by an investor who claims shareholders have not been provided enough information about the transaction.

Expert Analysis

  • 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.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • A Midyear Review Of State Attorney General Enforcement

    Joe Jacquot

    While appealing to voters this election season, attorney general candidates will inevitably target industries with promises of using their state enforcement powers. AGs are also increasingly defining themselves publicly by reacting to the federal government, whether by filing a lawsuit against the president or opposing congressional acts, says Joe Jacquot of Foley & Lardner LLP.

  • What High Court Review Of Fosamax Means For Preemption

    Max Kennerly

    With the U.S. Supreme Court's grant of certiorari in Fosamax, drug companies may be hoping the court throws out the preemption precedent established by Wyeth v. Levine. But unless multiple justices reverse course and adopt positions contrary to their prior opinions, there simply is no path to victory for drug companies, says Max Kennerly of Kennerly Loutey LLC.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • The E-Sign Act: 18 Years And All Grown Up

    August Heckman

    As the Electronic Signatures in Global and National Commerce Act — signed by President Bill Clinton on June 30, 2000 — reaches the age of maturity after being tested in the courts, and as more employers adopt or broaden their use of electronic signatures, now is a good time to review the basic requirements and lessons learned from the developing case law, says August Heckman of Morgan Lewis & Bockius LLP.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.