• February 26, 2018

    EFH Ch. 11 Sale Plan Confirmed By Del. Court

    Energy Future Holdings Inc. had the latest iteration of its Chapter 11 plan confirmed Monday in Delaware bankruptcy court when a judge overruled objections relating to a $275 million claim reserve fund and asbestos injury claims.

  • February 26, 2018

    Transmission Company Opens Ch. 11 To Rework $58M Debt

    Engineering and transmission developer Fallbrook Technologies Inc. filed for Chapter 11 in Delaware bankruptcy court on Monday, saying unexpected difficulties commercializing its new drivetrain system had left it unable to pay its $58 million in debt.

  • February 26, 2018

    Hawaii, NM Can't Get Better Position In Takata Ch. 11

    Hawaii, New Mexico and the U.S. Virgin Islands on Monday lost their bid to create a special status for their claims in Takata's Chapter 11 case, with a Delaware bankruptcy judge ruling the governments are already second in line for access to a shrinking, $1.5 billion fund.

  • February 26, 2018

    No New Trial For Investigator's Sex Bias Case, 3rd Circ. Says

    The Third Circuit refused to give a Pennsylvania forensic investigator a new trial in her workplace sex discrimination suit against her former employer, ruling Friday that the jury hadn’t been prejudiced by testimony about a criminal investigation she faced over the leak of information to the media about a high-profile homicide.

  • February 23, 2018

    AOL Appraisal Trims Post-$4.4B Merger Share Price By 2.6%

    AOL Inc. investors who sued for a 28 percent stock price boost in the company’s $50-per-share, $4.4 billion sale to Verizon Communications Inc. in 2015 wound up with less Friday after a Delaware vice chancellor calculated a $48.70-per-share fair value for the deal.

  • February 23, 2018

    DBSI Trustee Wants IRS To Return All Ponzi Funds

    The bankruptcy trustee of doomed Ponzi vehicle DBSI Inc. has moved for a quick win in its claw back suit against the IRS in Idaho federal court, arguing the federal tax authority is still on the hook for $3.6 million the company used to pay its principals’ income taxes.

  • February 23, 2018

    Blue Bell Creamery Seeks Dismissal of Investor Listeria Suit

    Blue Bell Creameries USA Inc. urged Delaware’s Chancery Court late Thursday to dismiss a derivative suit that seeks damages for alleged director and officer failures to protect products from pathogenic listeria contamination blamed for sickening customers.

  • February 23, 2018

    Jevic Floats New Plan Settlement To Comply With High Court

    Bankrupt trucking firm Jevic Holding Corp. filed a modified settlement deal late Thursday in Delaware that it said addresses a U.S. Supreme Court ruling in relation to the structured dismissal of its Chapter 11 case and provides for payments of priority claims asserted by a group of terminated employees.

  • February 23, 2018

    Trump Hotel Cos. Fight to Keep Law Firm Arb Suit Federal

    Trump International Hotels Management LLC and an affiliate hit back Thursday at a Panamanian law firm’s request to remand its suit accusing the Trump entities of improperly responding to arbitration over a “mismanaged” hotel by pulling the firm into the fight, telling a Delaware federal court that the matter doesn’t belong in state court.

  • February 23, 2018

    SWS Investors Lose Bid For Higher Stock Price Post-Sale

    Investors who sued to get 39 percent more for their stock after the 2015 sale of financial services firm SWS Group Inc. yet wound up getting 7.8 percent less after a Chancery Court appraisal got no help from Delaware’s Supreme Court Friday, which let stand the trimmed price of $6.38 per share.

  • February 23, 2018

    EFH Says It's Nearing Resolution Of NextEra's Plan Objection

    Energy Future Holdings Inc. told a Delaware bankruptcy judge Friday that it was nearing resolution of an objection to its Chapter 11 plan ahead of a confirmation hearing set to begin Monday, saying issues over a $275 million reserve fund could be worked out before then.

  • February 23, 2018

    NY, Others Back Chicago In Sanctuary City Battle With Feds

    New York, California, 13 other states and the District of Columbia urged an Illinois federal court Thursday to deny the federal government’s bid to toss Chicago’s lawsuit challenging the Trump administration’s efforts to withhold federal public safety grant funds from so-called sanctuary cities, saying the move is unlawful.

  • February 22, 2018

    Palantir Ordered To Turn Over Books, Records To Investor

    The bitter feud between Palantir Technologies Inc. and an early investor accused of stealing its trade secrets took another turn on Thursday after the Delaware Chancery Court ruled the secretive data analysis company must turn over internal information to KT4 Partners LLC.

  • February 22, 2018

    Citing Aruba Appraisal Appeal, Attorney Seeks Dell Reset

    The lead counsel in three Delaware post-merger stock price challenges that failed to win higher prices urged a vice chancellor Thursday to stay two earlier, remanded cases pending appeal of the latest, or to reopen the appraisal case record for Dell’s $25 billion go-private deal in 2013.

  • February 22, 2018

    Radio-Control Car IP Holder Wants To Resume Hobbico Ch. 11

    A company holding several patents related to radio-controlled cars and planes asked to have the automatic stay of litigation lifted in Hobbico Inc.'s Chapter 11 case Thursday, saying its infringement claims against the debtor needed to be resolved in Texas federal court before the case could move forward.

  • February 22, 2018

    3rd Circ. OKs FBI Malware Warrant In Child Porn Case

    The Third Circuit said Wednesday that a magistrate judge overstepped her authority when she let the FBI use malware to identify suspects in a massive child pornography sting, but broke new legal ground by ruling that the evidence was allowed because law enforcement had obtained the search warrant in good faith.

  • February 22, 2018

    NJ Hotel Escapes Patron's Infection Suit At 3rd Circ.

    The Third Circuit on Wednesday affirmed a ruling for Windrift Hotel Resort in litigation brought by a woman whose leg was amputated after she contracted sepsis and a bacterial skin infection from raw clams, saying there wasn’t enough evidence that the Jersey Shore establishment was to blame for the allegedly defective food.

  • February 22, 2018

    Pa. Attys’ $38K Sanctions Halted For 3rd Circ. Appeal

    Three Pennsylvania attorneys sanctioned for lodging a groundless proposed class action against a surgery center were granted a reprieve from paying approximately $38,000 in penalties after a federal judge halted the case on Wednesday pending a Third Circuit appeal.

  • February 22, 2018

    EFH, Creditor Experts Won't Testify On Reserve Bond Issue

    Experts proposed to testify on issues about interest bonds at the plan confirmation hearing of Energy Future Holdings Inc. will not be permitted to take the stand next week after a Delaware judge said Thursday those issues aren’t relevant to confirmation.

  • February 22, 2018

    M&G Lienholder Priority Fight In Del. Awaits Sale Moves

    A Delaware bankruptcy judge put off a ruling Thursday on lienholder efforts to seek Texas court assignment of creditor priorities in M&G USA Corp.’s $1.7 billion Chapter 11, saying that an upcoming plant sale could clarify prospects for recoveries.

Expert Analysis

  • 2017 Del. Cases That Reflected Transformation In M&A Law

    Gail Weinstein

    The Delaware judicial framework for reviewing boards' M&A decisions has transformed in the past few years with cases such as Corwin, MFW and Trulia. This transformation has had dramatic effects, as reflected in and amplified by decisions issued in 2017, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • LGBTQ Protections And Best Practices Under Title VII

    Excerpt from Lexis Practice Advisor
    Darrell VanDeusen

    Over the past two years there has been a seismic shift in the view that sexual orientation and gender identity claims do not fall within Title VII of the Civil Rights Act. Darrell VanDeusen and Alexander Berg of Kollman & Saucier PA analyze how the developing law protects LGBTQ employees at the federal level and provide employer guidance on related issues in the workplace.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Crystallex's Implications For Holders Of Venezuelan Debt

    Richard Cooper

    As the economic situation in Venezuela continues to deteriorate and the number of bond defaults continues to mount, the Third Circuit’s recent ruling against Crystallex is a poignant reminder about the challenges of recovering on claims against a determined sovereign. However, Crystallex is not without further litigation options, say Richard Cooper and Boaz Morag of Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • 3 Enforcement Priorities For State AGs In 2018

    Joe Jacquot

    State attorney general campaigns will be in full swing with 31 elections this year. In addition to three top substantive areas, campaign issues themselves will influence how state attorneys general prioritize enforcement, says Joe Jacquot, former chief deputy attorney general of Florida, now with Foley & Lardner LLP.

  • Indirect Purchaser Cases In 2017: Key Appeals Court Rulings

    Chris Micheletti

    As with 2016, there were no major U.S. Supreme Court decisions impacting indirect purchaser claims in 2017. Unlike 2016, however, several circuit court decisions addressed important issues such as ascertainability, 23(b)(3) predominance, and indirect versus direct purchaser status, say Chris Micheletti and Christina Tabacco of Zelle LLP.

  • 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.