Delaware

  • 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.

  • February 7, 2018

    The Firms That Fielded The Most Patent Cases

    A blockbuster Supreme Court ruling. A shift in strategy for patent venues. A downturn in the number of patent suits. 2017 was an unusual year in patent litigation. Here’s a look at the law firms that clients turned to most frequently for help navigating these trends.

  • February 7, 2018

    Drop In IPRs Tied To Patent Litigation Slowdown

    The number of petitions for inter partes review filed at the Patent Trial and Appeal Board plunged during the course of 2017, which attorneys say may be the result of several factors, including a decline in patent litigation and fewer PTAB decisions invalidating patents.

  • February 6, 2018

    Advance Auto Parts Hit With Shareholder Class Action

    Advance Auto Parts was hit with a class action in Delaware federal court on Tuesday by shareholders who say that the company’s alleged concealment and then revelation of poor financial conditions caused two drops in their shares’ value.

  • February 6, 2018

    Investors Want Closing Of Millennium Labs Ch. 11 Blocked

    Major investors in bankrupt lab testing company Millennium Lab Holdings II called on a Delaware judge Tuesday to keep open the company's already-confirmed Chapter 11, citing an ongoing appeal challenging third-party nondebtor releases in its more than $1.2 billion restructuring.

  • February 6, 2018

    Trial Change Leads Del. High Court To Hear Discovery Appeal

    The Delaware Supreme Court decided to take up an interlocutory appeal Tuesday in a merger fraud case between two demolition and environmental remediation firms, saying issues over the use of discovery in a Chancery Court case were ripe for decision.

  • February 6, 2018

    NY Wheel Parties To Mediate Ch. 11 Issues, Contract Suits

    Bankrupt design and build firm Mammoet-Starneth LLC will head to mediation with the owner of a large observation wheel planned for Staten Island, New York, after a Delaware judge ordered them late Monday to resolve conflicts over the wheel's components and the disputed construction contract at issue in a New York federal lawsuit.

  • February 6, 2018

    Ascent Resources Hits Ch. 11 With $1.2B Debt Rework Plan

    Oil and gas developer and producer Ascent Resources Marcellus Holdings LLC and two subsidiaries filed for Chapter 11 protection Tuesday in Delaware with a restructuring strategy in hand to quickly swap out $1.2 billion in first- and second-lien debt for equity in a reorganized company mid-March.

  • February 6, 2018

    Northeast Cap-And-Trade Turns 10: A RGGI Report Card

    While federal climate change policy is now in full retreat under President Donald Trump, the Regional Greenhouse Gas Initiative has been a picture of policy stability since it began running in 2009. As the climate compact of northeastern states enters its 10th year of operation and welcomes a 10th member in New Jersey, climate experts draw up a RGGI report card.

  • February 6, 2018

    Takata Whistleblowers Say Ch. 11 Plan Must Reserve $250M

    A pair of purported whistleblowers who say they could be entitled to up to $250 million of the nearly $1 billion restitution fund in Takata’s criminal case over faulty air bag inflators objected Tuesday to the company’s Chapter 11 plan on grounds it doesn’t take into account any pending whistleblower award.

  • February 6, 2018

    Bon-Ton Gets Interim $725M DIP OK, Beats Liquidation Push

    Bankrupt department store chain Bon-Ton Stores Inc. secured interim approvals Tuesday for a $725 million debtor-in-possession loan and a 42-store closing plan after overcoming arguments that its more than $1 billion restructuring effort should be dropped in favor of liquidation.

  • February 5, 2018

    Chancellor Orders Stockholder Meet For Firm Facing IP Row

    Delaware’s chancellor on Monday ordered deadlocked California medical claims company Avande Inc. to hold a stockholder meeting on Feb. 15, amid allegations of intellectual property breaches, board dysfunction and claims that a holdout director was blocking an election.

  • February 5, 2018

    Cornell University Can't Restart Settled Patent Fight

    A Delaware federal magistrate judge Monday told Cornell University that the federal courts can’t restart a settled patent case over allegations it was defrauded by its own co-plaintiff.

  • February 5, 2018

    Stone Energy Hit With Suit Over $2.5B Talos Merger

    A Stone Energy Corp. shareholder hit the oil and gas company with a suit in Delaware federal court Friday, claiming the shareholders were lied to and shortchanged in the company’s $2.5 billion merger with Talos Energy LLC.

  • February 5, 2018

    US Trustee Slams $245K Payments To Boston Herald Insiders

    Citing $245,000 in cash transfers to three Boston Herald insiders “on the eve of bankruptcy,” the Office of the U.S. Trustee asked a Delaware judge Friday to reject the company’s Chapter 11 sale or keep the transfers open to challenge.

Expert Analysis

  • The Broader Implications Of Sessions’ Marijuana Move

    Markus Funk

    Beyond what it heralds for the marijuana industry, Jeff Sessions’ memo on marijuana enforcement signals a new era of increasingly decentralized federal prosecutorial power, say attorneys with Perkins Coie LLP, including former Colorado Chief Justice Michael Bender.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • Dell Strongly Reinforces Importance Of Merger Price

    Edward Micheletti

    The Delaware Supreme Court’s recent appraisal decision in Dell v. Magnetar Global provides the strongest support yet for the concept of deferring to the merger price as the best evidence of appraisal value, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.

  • Director Compensation Lessons From Investor Bancorp

    Gail Weinstein

    The Delaware Supreme Court's decision last month in Investor Bancorp may result in challenges to director compensation awarded pursuant to existing discretionary equity plans and is likely to affect the structure of future equity plans, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • When Gov't Knowledge Of Industry Practice Bars FCA Claims

    Barbara Rowland

    In its recent decision in Spay v. CVS Caremark, the Third Circuit adopted the government knowledge inference defense, thereby offering False Claims Act defendants in the circuit another weapon in their arsenal of defenses to obtain dismissal of FCA claims, say Barbara Rowland and Carolyn Kendall of Post & Schell PC.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • 4 Ways Tax Reform May Affect The Sports World

    Michael Rueda

    The Tax Cuts and Jobs Act of 2017 limits deductions on state and local income, sales and property taxes up to $10,000 per year. This new limitation may provide certain sports teams, particularly those in states like Texas and Florida, an advantage in attracting and signing talent, say Michael Rueda and David Lehn of Withers Bergman LLP.

  • The Tide Could Be Turning On The Bare Metal Defense

    Rachel Farnsworth

    The Third Circuit recently vacated part of a ruling that turned on the application of the “bare metal defense,” the theory that a manufacturer of an asbestos-free product cannot be held liable for injuries caused by other manufacturers’ later-added asbestos-containing parts. Now the state law tide is turning in the same direction, says Rachel Farnsworth of Weil Gotshal & Manges LLP.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.