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Delaware

  • June 4, 2018

    Reinsurance Co. Nets Higher Plan Funding Offer At Auction

    Bankrupt reinsurance firm Scottish Holdings Inc. received court approval Monday in Delaware for a plan sponsorship offer worth nearly $10 million more than an initial stalking horse bid previously approved by the court.

  • June 4, 2018

    Camera Co.'s Docs In $25M Google Deal Sought By Investors

    China-based investors in a specialty camera company that reportedly agreed to sell its assets to Google for $25 million in March sued for access to the business' books and records late Friday, alleging that they were wrongly denied documents needed to assess its deal and conduct.

  • June 4, 2018

    Wine Co. Shareholder Must Hand Investor $29M, Judge Says

    A Florida federal judge slapped a controlling shareholder in a Chilean wine company with a $28.7 million judgment Monday, after finding for a Delaware-based investor in its dispute seeking to confirm an arbitration award stemming from the soured business venture.

  • June 1, 2018

    Uber Directors Criticize Shareholder Who Sued Over Otto Buy

    Uber’s past and current top brass asked the Delaware Chancery Court to dismiss a derivatives suit over the $680 million acquisition of OttoMotto, an ex-Google engineer’s self-driving car startup, that landed Uber in a trade secrets row, saying the suit was filed by a “disgruntled” ex-employee with ulterior motives.

  • June 1, 2018

    Easton Execs Strike Out On Bonus Pay

    A Delaware bankruptcy judge on Friday rejected the bids of three former Easton Baseball/Softball executives to get hundreds of thousands of dollars’ worth of bonuses that they signed away during the asset sale and restructuring of Performance Sports Group Inc.

  • June 1, 2018

    Weinstein Accusers Say Studio Mocked Them In Ch. 11 Reply

    Attorneys for a proposed nationwide class of victims alleging sexual assault and harassment by filmmaker Harvey Weinstein urged a Delaware bankruptcy judge Friday to lift a Chapter 11 stay shielding The Weinstein Co. from a federal racketeering suit, branding some of the studio’s opposition as mockery.

  • June 1, 2018

    17 Govs. Reaffirm GHG Goals 1 Year After Trump's Paris Vow

    A year after President Donald Trump announced he was reversing his predecessor’s commitment to the Paris Agreement aimed at lowering climate change-causing greenhouse gas emissions, a coalition of 17 governors reaffirmed on Friday that they wanted to push toward the deal’s goals anyway.

  • June 1, 2018

    Dr Pepper Shareholders Denied Appraisal In $21B Keurig Deal

    Shareholders of Dr Pepper Snapple Group Inc. do not have appraisal rights in the proposed $21 billion merger of the company with Keurig Green Mountain Inc., after a Delaware Chancery Court judge ruled Friday that Dr Pepper itself is not a party to the deal.

  • June 1, 2018

    Chancery Stays Cryptocurrency Suit For Arbiter Review

    An arbitration dispute sidelined a cryptocurrency hedge fund investor’s Delaware Chancery Court bid for access to the fund’s books and records Friday, after a vice chancellor ruled that an arbitrator should first determine whether the issue is an “arbitrable” matter to begin with.

  • June 1, 2018

    Paragon Ch. 11 Trust Seeks To Keep Claims In Bankruptcy

    The litigation trust created under the Chapter 11 plan of offshore oil driller Paragon Offshore PLC argued Friday to keep its adversary action against former parent company Noble Corp. in the Delaware bankruptcy court, saying the company’s plan reserves jurisdiction for prosecution of its claims.

  • June 1, 2018

    Rockport Creditors Challenge Bid Protections In Ch. 11

    The Rockport Co. LLC’s unsecured creditors objected Friday to proposed protections in the footwear maker’s agreement with a stalking horse bidder, saying a $4.5 million breakup fee and $2 million expense reimbursement aren’t appropriate because they’d be due even if the bidder killed the deal, forcing the debtor to liquidate.

  • May 31, 2018

    CBS Investors Throw In Their Own Suit Against NAI, Redstone

    A CBS Corp. investor sued controlling stockholder Shari Redstone and National Amusements Inc. in Delaware’s Chancery Court Thursday, accusing them of wrongly blocking a CBS share dividend that would have given more stockholders voting rights while diluting Redstone’s control.

  • May 31, 2018

    Medley Capital Wants All Legal Fees Paid In CK Pearl Suit

    Medley Capital LLC filed suit in Delaware Chancery Court Thursday demanding that investment funds CK Pearl Fund Ltd. and CK Pearl Fund LP pay $380,000 in outstanding costs for its defense against claims in a New Jersey court case that Medley intentionally overvalued CK Pearl’s assets in an effort to boost its own fees.

  • May 31, 2018

    Guitar Co. Gibson Reaches Deal On $135M DIP Package

    Bankrupt guitar maker Gibson Brands Inc. received final approval Thursday in Delaware for its $135 million post-petition financing package after a week of negotiations with its secured lenders and noteholders.

  • May 31, 2018

    Hertz Investor Sues Board, CEO In Del. Over Restatements

    A Hertz Global Holdings Inc. investor has sued the rental company's directors, CEO and former CEO in Delaware's Chancery Court, seeking damages and reforms on the company's behalf for alleged management failures that led to a multiyear financial restatement.

  • May 31, 2018

    Sens. Ask EPA Watchdog To Probe Pruitt's Real Estate Search

    A trio of Democratic senators on Thursday asked the U.S. Environmental Protection Agency’s internal watchdog to look into whether Scott Pruitt, who leads the agency, flouted federal regulations by having one of his top aides help him hunt for housing.

  • May 31, 2018

    Atty Not Liable For Hubby's Malpractice, 3rd Circ. Told

    An attorney has told the Third Circuit that she cannot be held vicariously liable for the alleged negligence of her lawyer husband in botching a former Wakefern Food Corp. employee’s wrongful termination suit against the business, because that client did not rely on the couple’s purported legal partnership in retaining her husband's services.

  • May 31, 2018

    3rd Circ. Won’t Revisit Citgo’s $100M Oil Spill Liability

    ​The Third Circuit declined Wednesday to revisit a decision that made three Citgo units liable for most of a $100 million-plus oil spill judgment, keeping in place a ruling that said the refiner must repay the federal government for cleaning up the pollution.

  • May 30, 2018

    3rd Circ. Says Immigrants Not Assured Atty At Screening Stage

    The Third Circuit has ruled that an El Salvadoran immigrant's due process rights were not violated after his lawyer failed to show up to one of his hearings, saying the Fifth Amendment does not grant unauthorized immigrants the right to counsel during all immigration proceedings.

  • May 30, 2018

    AmTrust Investor Seeks Records In $2.7B Take-Private Deal

    A large investor of AmTrust Financial Services Inc. filed a petition Wednesday in Delaware state court demanding an inspection of corporate books and records to investigate whether the $13.50 per share being offered by AmTrust's controlling shareholders in a take-private transaction is fair value for its holdings.

Expert Analysis

  • Big Changes Ahead For Renewable Fuel Standard

    Joel Beauvais

    The Renewable Fuel Standard has been the center of sustained policy discussion and resulting uncertainty during the first year of the Trump administration. Joel Beauvais and Steven Croley of Latham & Watkins LLP analyze recent developments with a focus on the legal framework and implications for the RFS program.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.

  • The Latest Defeat Of Trump's 'Sanctuary' City Policies

    Jeffrey Gorsky

    Based on a California federal judge's recent decision in City of Los Angeles v. Sessions, prohibiting the U.S. Department of Justice from using a locality’s cooperation on immigration enforcement to determine eligibility for grants, it appears the Trump administration’s "sanctuary" city initiatives are likely to remain tied up in or blocked by litigation, says Jeffrey Gorsky of Berry Appleman & Leiden LLP.

  • 5 Ways Law Firms Are Becoming More Like Hotels

    Bella Schiro

    One way law firms differentiate themselves from the competition to attract and retain top talent is through their real estate and workplace strategies. Taking a lead from the hospitality industry can help create a more inviting, welcoming and collaborative workspace environment, says Bella Schiro of Jones Lang LaSalle Inc.

  • Opinion

    Gorsuch's 1st Year Shows He Is A Conservative Activist

    Elliot Mincberg

    In his first year on the U.S. Supreme Court, Justice Neil Gorsuch has proven to be a narrow-minded elitist who consistently votes in favor of corporations and the powerful, acting to roll back protections for workers, consumers, LGBTQ individuals and other marginalized communities, says Elliot Mincberg of People for the American Way.

  • Preempting Preemption: Device Cases After Shuker — Part 2

    Kip Petroff

    Preemption must be kept in mind as one approaches any medical device litigation; however, it need not be feared. Despite what some observers may say, the preemption shield is not as large as it might seem, and plaintiffs attorneys can still preempt the preemption defense with careful planning, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Preempting Preemption: Device Cases After Shuker — Part 1

    Kip Petroff

    Device companies defend their products by pointing to surgeons’ off-label uses, as if that shields companies from product liability. But courts are increasingly looking carefully at the facts surrounding allegations of noncompliance with the conditions companies agreed to when obtaining premarket approval, say Kip Petroff and Caio Formenti of the Law Office of Kip Petroff.

  • Finance-Savvy Millennials Are Shifting Business Of Law

    Michael Perlich

    The impact of millennials has already been felt within the legal community by our eagerness to embrace new technologies. One way that we will have potentially even more impact lies in our willingness to embrace new ways of developing business and financing law, says Michael Perich of Burford Capital LLC.

  • Opinion

    Attorney-Client Privilege Is Alive And Well

    Genie Harrison

    The FBI raid of the office of President Donald Trump’s personal lawyer set off a firestorm of controversy about the sanctity of the attorney-client privilege, epitomized by Trump's tweet that the "privilege is dead." But attorney-client privilege is never taken lightly — I have battle scars from the times I have sought crime-fraud exceptions, says Genie Harrison of the Genie Harrison Law Firm.