Delaware

  • 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.

  • May 8, 2018

    Some Soon-Shiong Claims Kept Alive In $47M Cash Tap Suit

    Delaware's Chancellor issued a formal opinion Tuesday backing up his signal in March that the Chancery Court would keep alive some investor claims that Patrick Soon-Shiong improperly tapped $47 million from Precision Biologics Inc. after acquiring a controlling stake in 2015.

  • May 8, 2018

    Paragon Trust $1.7B Clawback Suit Halted For Arbitration Bid

    Paragon Litigation Trust's $1.7 billion clawback suit against Noble Corp., the former parent of once-bankrupt oil explorer Paragon Offshore PLC, will have to wait for a decision on whether the trust’s claims are arbitrable after a Delaware bankruptcy judge stayed the case Tuesday pending argument on Noble’s arbitration motion.

  • May 8, 2018

    Report Exposes Cybersecurity Flaws At Military Med Centers

    Certain U.S. Navy and Air Force medical facilities do not reliably ensure sensitive patient health information is protected from intrusion and inadvertent disclosures, raising the possibility the facilities could be hit by a cyberattack, a report by a government watchdog released Monday says.

  • May 8, 2018

    Del. Court Rebuffs Insurers' Challenge To Verizon Judgment

    A Delaware state court judge on Monday granted final judgment to Verizon and GTE in their suit seeking coverage for the $48 million they spent defending themselves against a $14 billion shareholder suit, saying the time for the insurers to object to the claimed defense costs is past.

  • May 8, 2018

    Weinstein Co. Ch. 11 Sale Gets Nod, Nets $260M In Cash

    The Weinstein Co., battered by a tidal wave of sexual assault and harassment allegations against its co-founder Harvey Weinstein, secured a Delaware bankruptcy judge’s approval Tuesday to sell most of its assets to an affiliate of private equity firm Lantern Capital for a diminished $260 million in cash.

  • May 8, 2018

    Applebee's Franchisee Moves 175 Locations Into Chapter 11

    One of the largest franchisees of casual dining chain Applebee's Neighborhood Grill and Bar hit Chapter 11 on Tuesday, with its 175 restaurant locations listing debts of at least $100 million with plans to use existing lenders' cash collateral and a potential post-petition loan to fund its case.

  • May 8, 2018

    Vanda Sues 2 Pharma Cos. Over Sleep Disorder Drug Patents

    Vanda Pharmaceuticals Inc. on Monday sued two pharmaceutical companies in Delaware federal court for infringing its patents for a sleep disorder medication after the two companies applied to sell generic versions of the brand-name drug.

  • May 7, 2018

    Quick Appraisal Ruling Sought In Rite Aid-Albertsons Deal

    Attorneys for Rite Aid Corp. shareholders urged Delaware’s chancellor Monday to fast-track a dispute over stockholder rights to court appraisal of their shares in a partial merger with Albertsons Cos. LLC, despite a deal structure that Rite Aid said plainly rules out the option.

  • May 7, 2018

    3rd Circ. Upholds Forum Selection Clause In Cargo Suit

    The Third Circuit ruled Friday that forum selection clauses in cargo shipping agreements don’t unlawfully lessen a ship or carrier’s liability for damage, issuing a precedential decision that clarified the intent behind the United States Carriage of Goods by Sea Act.

  • May 7, 2018

    EV Energy Investors Seek Appointment Of Ch. 11 Examiner

    A pair of equityholders of bankrupt oil and gas producer EV Energy Partners LP asked a Delaware bankruptcy judge Monday to appoint an examiner in the case to look into potential prepetition transactions that allegedly stripped the debtor of value.

  • May 7, 2018

    Bertucci's Appeases Creditors With Extended Sale Timeline

    Bankrupt Italian eatery chain Bertucci’s resolved objections Monday in Delaware from the official committee of unsecured creditors in its Chapter 11 case by extending the deadlines for its asset sale procedures and increasing the committee’s budget.

  • May 7, 2018

    AGs Press EPA To Yank Scientific Review Process Overhaul

    A coalition of eight Democratic attorneys general on Monday urged the U.S. Environmental Protection Agency to withdraw its recent proposal to require the publication of data underlying scientific studies that are considered in the regulatory process, saying that it is vague and rushed.

  • May 7, 2018

    PTAB Won't Revisit Patent For Astellas Bladder Drug

    The Patent Trial and Appeal Board on Friday said it wouldn’t re-evaluate an Astellas Pharma Inc. patent covering the overactive bladder treatment drug Myrbetriq, despite a push from a unit of fellow Japanese drugmaker Sawai to do so.

Expert Analysis

  • Series

    Dissolving Practice: The Unfinished Business Doctrine

    Thomas Rutledge

    There has been, of late, significant dispute as to the application of the unfinished business doctrine, particularly with respect to hourly rate matters of now-dissolved large law firms. And the California Supreme Court’s recent decision in Heller Ehrman, like others as to similar points, is highly questionable, says Thomas Rutledge of Stoll Keenon Ogden PLLC.

  • Why High Court Ruling Matters For Compact Clause Entities

    Matthew Tripolitsiotis

    The U.S. Supreme Court recently held that the United States could maintain a suit to enforce terms of an interstate compact — even where it was not a signatory of the compact. This decision offers clues about how the high court might deal with issues of compact construction that have gone unresolved for some time, says Matthew Tripolitsiotis of Boies Schiller Flexner LLP.

  • A Cautionary Tale For Sublicensees

    John Loughnane

    Sirius Radio has been defending itself against a patent infringement suit that deserves the attention of any party that has ever sublicensed rights. The case is a reminder that a sublicensee whose licensor commences bankruptcy should pay close attention to the proceedings and take appropriate action, says John Loughnane of Nutter McClennen & Fish LLP.

  • Opinion

    Rum, Cannabis And The 4th Amendment: A History Lesson

    Collin Wedel

    U.S. Attorney General Jeff Sessions recently made his first move against legal marijuana by reversing the U.S. Justice Department’s policy of not enforcing federal cannabis laws in states that had legalized it. Sessions might be wise to study how a crackdown on contraband rum helped incite the American Revolution and influenced the U.S. Constitution, says Collin Wedel of Sidley Austin LLP.

  • Single Factor Income Apportionment: Inconsistent Standard

    Glenn Newman

    A majority of states claim that in-state sales are sufficient nexus to collect corporate income tax from businesses physically located across state lines, but income apportionment methods are inconsistent. Companies need to be prepared for the day one state seeks to collect a share of income tax that's already been paid to another, says Glenn Newman of Greenberg Traurig LLP.

  • Opinion

    BigLaw Doesn't Have A Diversity Problem

    Marlen Whitley

    Although the lack of racial and gender diversity among the ranks of the majority of both midsized and top law firms is a major issue, it’s past time to shed light on the real problem — inclusion, or lack thereof, says Marlen Whitley of Reed Smith LLP.

  • The Importance Of Attorney Etiquette In The Courtroom

    Christina Marinakis

    It’s difficult to say whether an attorney’s social etiquette has any impact on the verdict outcome, but the fact that jurors continually tell us about counsel’s irksome behaviors suggests that, at the very least, these behaviors distract jurors from the issues on which they should be concentrating, says Christina Marinakis, director of jury research at Litigation Insights.

  • Opinion

    Roman J. Israel, Esquire, Meet Donald J. Trump, POTUS

    Kevin Curnin

    Despite the Trump administration's desire to shut down the Legal Services Corp., thankfully the budget that Congress passed and the president signed into law last week has restored $410 million of funding to the legal aid organization. An unlikely brief for preserving LSC may be found in the quirky Denzel Washington film "Roman J. Israel, Esq.," says Kevin Curnin, immediate past president of the Association of Pro Bono Counsel.

  • Keys To Corporate Social Responsibility Compliance: Part 4

    Michael Littenberg

    Over the last few years, there has been a significant increase in litigation and investigations related to corporate social responsibility issues. Activity has increased not only in the United States at the federal, state and local level, but also in several other countries. Proceedings and investigations have involved many different statutes and theories of liability, say attorneys with Ropes & Gray LLP.

  • Blockchain Share Tracing Can Change Appraisal Arbitrage

    Excerpt from Lexis Practice Advisor
    Christopher Kelly

    The advent of blockchain technology and its future utilization in the securities industry present the possibility for the tracing of ownership and votes of shares of corporations being acquired. Appraisal arbitrageurs may need to evaluate the continuing attractiveness of their investment strategy as a result, say attorneys with Potter Anderson & Corroon LLP.