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Delaware

  • September 4, 2018

    3rd Circ. Won't Ax Overcharge Class Claims Against Vanguard

    The Third Circuit on Tuesday found that a federal law limiting the scope of class claims that can be brought in connection with the purchase of securities does not apply to misrepresentations the Vanguard Group is accused of making regarding commission fees charged to investors.

  • September 4, 2018

    Delaware Powerhouse: Richards Layton & Finger

    From guiding Dell Technologies Inc. in a $21.7 billion recapitalization plan to representing Papa John's in a bitter Chancery Court fight with its founder to a lead role in the $2 billion Chapter 11 of retailer Claire's Inc., Richards Layton & Finger PA stood out in every major Delaware litigation venue in the last year.

  • September 4, 2018

    Nordam Seeks Partial Ch. 11 Sale Deal To Gulfstream

    The Nordam Group reported an agreement in Delaware bankruptcy court on Tuesday to sell the aircraft component maker's troubled product and manufacturing line to Gulfstream Aerospace Corp., in a Chapter 11 deal intended to settle disputes with both Gulfstream and Pratt & Whitney Corp.

  • August 31, 2018

    3rd Circ. Frees Ex-Norris McLaughlin Atty For Bribery Appeal

    The Third Circuit has granted an ex-Norris McLaughlin & Marcus PA partner’s bid to be released while he appeals his conviction and 27-month sentence for attempting to land legal work for his firm with promises of campaign contributions to the now-convicted mayor of Allentown, Pennsylvania.

  • August 31, 2018

    Insurer Can't Escape Liability In Staples Delivery Crash

    The Third Circuit has affirmed a court's apportionment of responsibility mostly to Princeton Excess and Surplus Lines Insurance Co. in a suit over coverage for an injury that happened during a vendor's delivery of Staples Inc. goods to a casino.

  • August 31, 2018

    Woodbridge Fights Trans Worker's Suit Amid Bankruptcy

    Woodbridge filed an objection on Thursday to the $14 million wrongful termination claim asserted by a former employee who said she was mistreated for being a transgender woman, saying the claim seeks unreasonable damages and should be subordinated amid the company’s Chapter 11 proceedings.

  • August 31, 2018

    Creditors Flag Weinstein's Request To Lift Ch. 11 Stay

    Unsecured creditors objected Friday to an attempt by Harvey Weinstein and defendants in one of his sexual assault cases in New York federal court to lift the stay in The Weinstein Co.'s Chapter 11 in Delaware, claiming such a move could leave the bankruptcy estate insolvent.

  • August 31, 2018

    OvaScience Director Compensation Suit Settled In Del.

    A proposed settlement between shareholders of fertility treatment developer OvaScience Inc. and the company’s directors received court approval Thursday from a Delaware federal judge, with shareholders' attorneys receiving a $300,000 fee and expense award.

  • August 31, 2018

    Gamblers Will Ask 3rd Circ. To Reverse Casino's $10M Win

    The two professional gamblers accused of exploiting a card pattern irregularity to reap big winnings in a New Jersey casino will ask the Third Circuit to upend the $10.1 million judgment they’re facing, according to a federal court filing made public Friday.

  • August 31, 2018

    States, DC Want Feds Barred From Ending Immigrants' TPS

    A group of 18 states and Washington, D.C., urged the Northern District of California on Thursday to preliminarily bar the Trump administration from terminating the temporary protected status of more than 200,000 immigrants living in the United States, arguing the communities would be negatively affected.

  • August 31, 2018

    Delaware Powerhouse: Morris Nichols

    Morris Nichols Arsht & Tunnell LLP has earned its place in the high-stakes and demanding legal climate of Delaware by taking on major corporate cases during the past year, including those involving Dr Pepper Snapple Group and biopharma giant UCB.

  • August 31, 2018

    Bankrupt Aerogroup Sues Global Brands Over Aborted Sale

    Bankrupt shoe maker Aerogroup International Inc. is suing fashion conglomerate Global Brands Group Holding Ltd. for pulling out of a deal to purchase it 11 minutes into the hearing where that deal was supposed to be confirmed, leading to a last-minute fire sale that Aerogroup says cost it $30 million.

  • August 31, 2018

    Papa John's Control Battle Heats Up With New Chancery Suit

    Papa John's founder John Schnatter's battle with the company he founded escalated Friday as summonses were ordered for a Delaware Chancery Court suit in which he accused the pizza chain's directors and CEO of causing "irreparable harm" to the business.

  • August 30, 2018

    Judge Denies Redo Motions By Convicted Wilmington Execs

    A Delaware federal judge on Thursday denied acquittal and new trial motions lodged by four former Wilmington Trust executives found guilty by a jury of securities fraud that stemmed from hundreds of millions of dollars in hidden real estate debt.

  • August 30, 2018

    American Airlines Pilots Can't Revive Seniority Suit

    The Third Circuit on Thursday upheld a lower court’s tossing of a challenge by a putative class of almost 10,000 legacy American Airlines pilots to seniority determinations following the company's merger with U.S. Airways, finding no evidence that American and the Allied Pilots Association acted unfairly, arbitrarily or in bad faith.

  • August 30, 2018

    Columbia Pipeline Sale Docs Stay Public In Chancery Action

    An attempt by Columbia Pipeline Group Inc. to keep documents related to its $13 billion sale to TransCanada confidential in a Delaware Chancery Court appraisal action brought by shareholders was defeated Thursday when a judge said the materials posed no specific danger of harm to the pipeline company if made public.

  • August 30, 2018

    Enbridge $1B Pipeline Row Still Has Legs In Chancery Court

    A Delaware vice chancellor kept alive the long-running suit over a $1 billion pipeline acquisition by Enbridge Energy Partners LP in a ruling made public Thursday, refusing to toss claims against financial adviser Simmons & Co., Enbridge Energy Co. and Enbridge Energy Management after the state high court revived the case.

  • August 30, 2018

    Applebee's Franchisee Cites Progress On Ch. 11 Lender Deal

    Applebee’s restaurant franchisee RMH Franchise Holdings Inc. told a Delaware bankruptcy judge Thursday that it was making progress in mediation talks with its lenders and had their consent to continue accessing their cash collateral while sale and plan talks continue.

  • August 30, 2018

    Sanchez Energy Investors Flag Director Pay In Chancery Suit

    Sanchez Energy Corp. shareholders filed a derivative lawsuit Wednesday in Delaware Chancery Court seeking to recoup what they claim is excessive pay to the company's nonemployee directors that is more than compensation for directors at much larger companies.

  • August 30, 2018

    Enviro Sues Chemours, Alleging NC Water Contamination

    Southern Environmental Law Center attorneys filed suit on behalf of a local advocacy group in North Carolina federal court against Chemours Co. FC LLC, accusing it of allowing harmful chemicals to seep in to the Cape Fear River and nearby drinking water supplies.

Expert Analysis

  • Guest Feature

    Chris Dodd Talks Dodd-Frank, Nuremberg Trial, Hollywood

    Randy Maniloff

    Attorney Randy Maniloff recently sat down with former Sen. Christopher Dodd at his new office at Arnold & Porter in Washington, D.C. The goal? To discover things we might not know about the author of some of the most important legislation of the last few decades.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Del. Ruling Offers Trade Secret Reminders For Startups

    Josh Fowkes

    The Delaware Chancery Court's recent decision in Alarm.com v. ABS highlights the tension an emerging company often faces with its potential outside investors over its trade secrets, say Josh Fowkes and Brandi Howard of Arent Fox LLP.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Claims Trading Lessons From Delaware Bankruptcy Court

    Michael Rupe

    The Delaware bankruptcy court's opinion last month in Woodbridge serves as a cautionary reminder that policy preferences for free claim assignability do not serve to nullify properly drafted anti-assignment provisions, say attorneys with King & Spalding LLP.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.