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Delaware

  • November 21, 2018

    Law360 MVP Awards Go To Top Attorneys From 71 Firms

    The elite slate of attorneys chosen as Law360’s 2018 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • November 21, 2018

    Weinstein Buyer Says Stars Can't Fast-Track Contract Queries

    The Weinstein Co.'s buyer objected Wednesday to a request from a group of film stars including Meryl Streep and Jennifer Lawrence for a fast-track ruling on the status of their contracts, arguing the actors haven't justified the need for expedited consideration.

  • November 21, 2018

    Rehab Co. Agrees To Modify Ch. 11's 3rd-Party Releases

    Bankrupt addiction treatment facility network EBH Topco LLC challenged on Wednesday the U.S. Trustee’s claim that its Chapter 11 plan is unconfirmable, saying the third-party releases the trustee flagged are consensual, but conceded to revising the language in the plan and disclosure statement to be consistent with the bankruptcy code.

  • November 21, 2018

    Insolvent German Firm's Del. Ch. 15 Targets Whirlpool

    Germany-based kitchen and home products maker Alno AG opened a Chapter 15 "foreign main" bankruptcy proceeding in Delaware late Tuesday, saying it was investigating possible claims against Whirlpool Corp. and CEO Marc Bitzer for Alno's failure to declare insolvency years ago.

  • November 21, 2018

    Spanish-language Broadcaster Hits Ch. 11 With $530M Debt

    LBI Media Inc., which operates Spanish-language TV and radio stations nationally including EstrellaTV, hit Chapter 11 in Delaware on Wednesday with $530 million in debt and a planned debt-for-equity swap, citing shifting viewer habits and dwindling revenue from advertisers as reasons for its filing.

  • November 21, 2018

    Bankrupt Franchisee Reaches Ch. 11 Deal With Applebee's

    Bankrupt Applebee’s restaurant franchisee RMH Franchise Holdings Inc. said in a Delaware court filing Tuesday that it had reached a settlement agreement with the restaurant chain that will pave the way to a much smoother Chapter 11 confirmation process than anticipated.

  • November 21, 2018

    Maxus Ch. 11 Trustee Slams Move To Toss $14B Suit In Del.

    The trustee for Maxus Energy Corp.'s bankruptcy liquidation on Wednesday branded as contradictory, misplaced or wrong dismissal challenges to its $14 billion, 23-count, alter ego liability and "veil piercing" suit in Delaware against Spanish energy giant Repsol SA and Argentina-based YPF SA.

  • November 21, 2018

    Atty Could Get Fees Despite Suspension, 3rd Circ. Says

    The Third Circuit has ruled that an attorney who represented a couple while administratively suspended isn’t entitled to a contingency fee, but could recoup payment for work he performed for the clients before they fired him.

  • November 20, 2018

    Chancery Says Tangoe Board Can’t Nix $256M Sale Suit

    The Delaware Chancery Court on Tuesday refused to toss a proposed shareholder class action against directors of IT and telecommunications company Tangoe Inc. over their decision to sell the company amid regulatory troubles, saying it is conceivable that the board members acted out of their own self-interest.

  • November 20, 2018

    Delaware AG Sues To Cancel Backpage Incorporation Docs

    Delaware’s attorney general filed suit late Monday in the state’s Chancery Court seeking to cancel the certificates of formation for the online classified ad company Backpage after its leaders entered guilty pleas to human trafficking and money laundering charges related to the website.

  • November 20, 2018

    Noteholder Bid For Woodbridge Ch. 11 Delay Nixed In Del.

    Noting an "only slightly better than negligible" chance of success on appeal and low chance of irreparable injury to noteholders appealing, a Delaware bankruptcy judge on Tuesday declined to put on hold his confirmation of the Woodbridge Group of Cos. LLC's Chapter 11.

  • November 20, 2018

    Okla. Cancer Center Told To Justify Filing For Ch. 11 In Del.

    An Oklahoma cancer treatment center must explain to a Delaware bankruptcy judge why it filed a Chapter 11 petition in the First State after the court pointed out the debtor’s lack of connection to the state during a first-day hearing Tuesday.

  • November 20, 2018

    Fed. Circ. Says Analysis Lacking In Nix Of Quillivant IP

    The Federal Circuit ruled Tuesday that a Delaware federal court failed to adequately explain why it invalidated patent claims covering Tris Pharma Inc.’s ADHD treatment Quillivant XR, breathing new life into the drugmaker’s infringement lawsuit against a unit of Teva Pharmaceuticals.

  • November 20, 2018

    Ameritrade, Investors Reach $18M Deal In Scottrade Suit

    TD Ameritrade and an investor class have agreed to a $17.95 million settlement in a derivative suit that challenged Ameritrade’s $2.7 billion share of a $4.1 billion joint acquisition of Scottrade Financial, with $3.59 million of the settlement reserved for attorneys’ fees.

  • November 20, 2018

    Del. Justices Nix $16M Award Against Health Co.'s Insurer

    Delaware's high court on Tuesday vacated a nearly $16 million bad faith award against Homeland Insurance Co. of New York over the insurer's refusal to cover CorVel Corp.'s costs in suits accusing it of improperly discounting medical services payments, holding that CorVel's claim was time-barred.

  • November 20, 2018

    David’s Bridal Gets Nod For $185M DIP In Del. Ch. 11

    A Delaware bankruptcy judge on Tuesday gave her nod to David's Bridal Inc.’s $185 million in post-petition financing in the bridal retail giant's prepackaged Chapter 11, which the company said was necessary to keep operations going as it heads into the busy season for dress orders.

  • November 20, 2018

    Opera House Insurer Says HVAC Co. Owes For Burst Pipe

    The insurer for a Delaware opera house launched a federal lawsuit Monday against a company tasked with installing and monitoring the building’s heating, ventilation and air conditioning system, alleging the business is directly responsible for a system failure that led to widespread water damage at the facility.

  • November 20, 2018

    Suniva Settles Creditor Dispute, Secures More DIP Funding

    Bankrupt solar cell maker Suniva Inc. received approvals from a Delaware bankruptcy judge Tuesday on the settlement of a production equipment dispute with prepetition lenders and for $3.4 million in additional debtor-in-possession financing in the company's Chapter 11 case.

  • November 19, 2018

    Court Paves Path For Bank-Fraud Probe In Jeweler's Ch. 11

    A Delaware bankruptcy judge on Monday authorized a court-appointed examiner in the Chapter 11 case of Samuels Jewelers to issue subpoenas for documents and interviews in order to investigate an alleged $2 billion Indian bank fraud and its potential connection to the bankruptcy case.

  • November 19, 2018

    Hollywood A-Listers Seek Contract Status In Weinstein Ch. 11

    A group of well-known actors and film directors filed a motion Friday in Delaware bankruptcy court seeking clarification of the status of various contracts with the buyer of the assets of film studio The Weinstein Co., saying they haven't been paid under the terms of the deals since March.

Expert Analysis

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Why Janus Should Make Public Employers Think Twice

    Daniel Altchek

    In Palardy v. Township of Millburn, the Third Circuit recently held that public employee union membership and activity is protected under the First Amendment. However, it did not address how the U.S. Supreme Court's Janus ruling may have already signaled a resolution of the circuit split on this issue, says Daniel Altchek of Miles & Stockbridge PC.

  • Akorn Could Alter 'Material Adverse Effect' Law In Delaware

    J.B. Heaton

    The Delaware Chancery Court's opinion this week in the Fresenius-Akorn merger dispute will likely be appealed. That appeal will determine whether this case is destined to change the understanding of material adverse effect, or whether the Chancery Court overreached on the law and the facts, says J.B. Heaton of the University of Chicago Law School.

  • The Where, When And What Of DTSA Appeals: Part 2

    Gregory Lantier

    To predict the kinds of questions early Defend Trade Secrets Act appellate decisions may resolve, Gregory Lantier and Thomas Sprankling of WilmerHale consider how courts have interpreted other intellectual property statutes.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • 5.5 Ways To Remove GILTI From Your State Tax Base

    Zal Kumar

    In many states, the lack of specific guidance addressing the inclusion of global intangible low-taxed income, or GILTI, is causing concern that GILTI will be includible in the state tax base. Attorneys from Mayer Brown LLP highlight several possible avenues for removing GILTI from the state tax base.

  • No Injury Means No Standing For A Talc Plaintiff

    Steven Boranian

    Last month, the Third Circuit affirmed the dismissal of a plaintiff's case against Johnson & Johnson over talcum powder. The plaintiff used the product with no ill effect, and alleged no defect, injury or disease. The Third Circuit was correct in finding that she simply lacked any standing to sue, says Steven Boranian of Reed Smith LLP.

  • Try Using Neutrals For State Court ESI Disputes

    Robert Wilkins

    According to the Florida Rules of Civil Procedure, cooperating with opposing counsel to resolve electronically stored information disputes is not required in litigation that is not designated as complex, unless provided for by an individual judge or in certain circuits. But mandated or not, this is a best practice in any state court action, says Robert Wilkins of Jones Foster Johnston & Stubbs PA.