An investor in a New Jersey aerospace parts maker on Monday urged the Delaware Supreme Court to revive his case claiming shareholders were shortchanged in the company’s $34 million sale to an Arlington Capital Partners affiliate, arguing he has shown the two companies struck up insider side deals.
The Delaware bankruptcy judge presiding over the Takata family of cases said Tuesday that he would grant the company’s Japanese parent Chapter 15 recognition over the objections of a group of plaintiffs suing over the debtor’s dangerously defective airbag inflators who say their due process rights are being squelched.
The Third Circuit on Tuesday pressed a class action fairness advocate challenging the distribution of a Google Inc. privacy case settlement to prove why class members, and not internet watchdog groups, should have been the direct beneficiaries of the proceeds if the case wasn’t about a financial loss.
A Third Circuit panel on Tuesday expressed skepticism over claims by the attorney representing a group of Philadelphia taxi drivers that Uber’s entry into the city created an illegal monopoly in the vehicle-for-hire market, with multiple judges suggesting the company’s arrival was good for the consumer.
Eight insiders of Miramar Labs Inc. have agreed to pay $410,000 to settle class allegations that a $20 million merger with another medical products company, Sientra Inc., shortchanged shareholders, according to court papers filed Monday in Delaware Chancery Court, bringing a quick close to the suit.
Last minute talks produced an interim breakthrough Monday on post-petition borrowing and Chapter 11 bidding for bankrupt upholstery maker GST Autoleather Inc., although tensions remain high between unsecured creditors and lenders.
Credit reporting agency Equifax, which suffered a data breach over the summer that left vulnerable the personal financial information of nearly half of all Americans, was served Friday with a rare "50-state" complaint that aims to combine the dozens of individual suits filed against Equifax since September.
A Booz Allen Hamilton investor on Monday sued the government contracting giant’s top brass in Delaware federal court after the company announced it was being investigated by the U.S. Department of Justice for its accounting and cost charging practices.
The Delaware bankruptcy judge presiding over the Takata case ruled Monday that state and government agencies will not be exempted from a five-day extension of a litigation freeze connected to the debtor’s dangerously defective airbag inflators.
A bankrupt natural gas storage complex in Wyoming won a Delaware judge’s approval Monday to put a last-ditch, $16.5 million sale plan to a creditor and investor vote, while acknowledging that substantial opposition will likely blow up the option.
The Delaware Chancery Court threw out a books and records demand against specialty plastics maker A. Schulman Inc. on Monday, saying the shareholder who brought the suit merely served to rubber-stamp an action motivated by New York law firm Levi & Korsinsky LLP.
A Delaware bankruptcy judge gave Romano’s Macaroni Grill final approval Monday for its $5 million post-petition loan after hearing the debtor resolved issues unsecured creditors had with the loan and how it addressed operational costs, but the sides hinted at a bigger fight to come over the Chapter 11 plan.
The former regional chairman of a national amateur radio network cannot pursue defamation claims against the group’s leadership over an article explaining his ouster, the Third Circuit ruled Monday, finding statements that he improperly coordinated with FEMA to be true.
A Delaware bankruptcy judge said Thursday that La Paloma Generating Co. LLC’s buyer, senior creditor LNV Corp., does not have successor liability for what was estimated at $63 million in environmental costs under California’s “cap-and-trade” program, ruling that the regulation itself doesn’t permit it.
The former CEO of security screener Altegrity Inc. has asked a Delaware bankruptcy court to lift restrictions on company insurer payments for her defense against a post-confirmation damage suit, saying she is “unambiguously entitled” to the funds.
Bankrupt storage and cleaning product maker Katy Industries Inc. and the Pension Benefit Guaranty Corp. will submit papers to a Delaware bankruptcy judge after a hearing Thursday on the sale of a nondebtor real estate parcel so the court can determine if it has jurisdiction to decide where the sale proceeds should be directed.
A Delaware Chancery judge chose the combination of Heyman Enerio Gattuso & Hirzel LLP and Block & Leviton LLP as lead plaintiff counsel in the case challenging Tangoe Inc.’s $256 million buyout, ruling that their pursuit of a books and records demand gave them a slight edge.
Bankrupt mobile broadband provider Limitless Mobile LLC reached a deal Thursday with its unsecured creditors and the U.S. Department of Agriculture over the status of secured claims lodged by the government on account of grants and loans made to Limitless to build out its wireless network in Pennsylvania.
The largest customer and a key lender to bankrupt Ryckman Creek Resources LLC’s Wyoming natural gas storage complex on Thursday branded the company’s latest Delaware Chapter 11 disclosure “inadequate," saying the documents lack key operating, performance and financial assurances.
Janssen Pharmaceutica NV on Thursday told a Delaware federal court that it has granted Mylan Pharmaceuticals Inc. a license to use eight patents tied to the HIV treatment Complera, ending an infringement suit Janssen and Gilead Sciences Inc. had filed and clearing Mylan to eventually sell a generic.
Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.
For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.
The Third Circuit's recent decision in Williams v. Pennsylvania Human Relations Commission is the first time it has addressed whether stand-alone Title VII and ADA claims can be vindicated through Section 1983. The ruling aligns the Third Circuit with all other federal circuit courts that have ruled on this issue, say George Hlavac and John Buckley of Norris McLaughlin & Marcus PA.
The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.
The U.S. Supreme Court's decision in TC Heartland is rightly treated as having changed patent venue law, as illustrated by the Federal Circuit's recent Cray decision, says James Dabney, co-head of Hughes Hubbard & Reed LLP’s intellectual property practice group and counsel for TC Heartland.
The Delaware Court of Chancery is celebrating the 225th anniversary of its creation as that state’s court of exclusive equity jurisdiction. Although the court is viewed today as one of the world’s pre-eminent expositors of business enterprise law, that outcome would never have been envisioned when the court was constitutionally established in 1792, says former Delaware Justice Jack Jacobs, now with Sidley Austin LLP.
Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.
On Wednesday, the Delaware Supreme Court will hear oral argument in the Dell appraisal case — an appeal that is significant because the Delaware Chancery Court’s decision in the case was premised in large part on grounds that the Supreme Court recently found unsupported in DFC Global, say former Delaware Vice Chancellor Stephen Lamb and Matthew Stachel of Paul Weiss Rifkind Wharton & Garrison LLP.
When venue is challenged, who bears the burden of proof in patent cases? It turns out the courts are sharply divided on this important issue, say attorneys with Mayer Brown LLP.
The Third Circuit in North Sound Capital v. Merck became the first federal appellate court to extend the U.S. Supreme Court’s ruling in California Public Employees’ Retirement System v. ANZ Securities, applying it to claims brought under the Exchange Act. However, the decision's significance remains unclear, say attorneys with Schulte Roth & Zabel LLP.