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Delaware

  • July 25, 2018

    Bankrupt Plant Grower Gets OK For $74M Sale To Wells Fargo

    The $74 million sale of bankrupt plant grower Color Spot Holdings Inc.’s assets to Wells Fargo Bank NA received Delaware bankruptcy court approval Wednesday, clearing the way for the deal to close soon enough to avoid disrupting customer orders for next year.

  • July 25, 2018

    Gibson Delays Hearing On Disputed Del. Ch. 11 Disclosure

    Gibson Brands Inc. put off a bid for court approval of its Chapter 11 disclosure statement Wednesday, under pressure from creditors who accused the iconic guitar-maker of selling itself short in a restructuring that will hand most of the business to secured noteholders.

  • July 25, 2018

    Investor Sues To Block Taylor Morrison's AV Homes Takeover

    An AV Homes Inc. shareholder sued the company, its executives and Taylor Morrison Home Corp. in Delaware federal court Tuesday to block Taylor's proposed $963 million takeover of the private equity-backed homebuilder and developer over alleged omissions that left investors in the dark.

  • July 25, 2018

    From Billable Hours To Bedtime Stories: Lawyering With Children

    Attorneys are clocking more billable hours than ever before, and when children enter the picture, the demands on their time and finances can drive stress levels to new heights.

  • July 24, 2018

    Insurer Didn't Breach Policy In Coop Collapse Row: Del. Court

    Farm Family Casualty Insurance Co. did not breach a policy it issued to a Delaware farm when it refused to cover the collapse of a chicken coop during a blizzard, a state judge ruled Monday, finding that the insurer justifiably relied on expert reports indicating that the coop’s destruction was attributable to the excluded causes of snow and faulty construction.

  • July 24, 2018

    Patent Owners Win Only Half Of EDTX Trials, Study Finds

    A recent study of jury verdicts rendered in patent cases since 2013 found that patent owners win only 50 percent of the time in the Eastern District of Texas, which has a reputation for juries that find in favor of patent owners more often than in other popular patent litigation districts.

  • July 24, 2018

    3rd Circ. Won't Revive Late FTCA Suit Over Mail Truck Crash

    The Third Circuit on Tuesday rejected a woman’s bid to revive her suit against the government over a car accident with a mail truck, ruling the Federal Tort Claims Act requires that two deadlines be met to avoid being barred over timeliness despite her argument that its use of “or” meant it only required one.

  • July 24, 2018

    Del. Court Flags Creditor Sale Of Aerogroup Ch. 11 Assets

    A Delaware bankruptcy judge cautioned Tuesday that he would likely block a planned foreclosure auction of shoe retailer Aerogroup International Inc. litigation rights if creditors and the company fail to come up with a plan that addresses other potential interests in the assets.

  • July 24, 2018

    Trustee Flags Oil & Gas Co.'s Ch. 11 Plan For Releases

    The Office of the U.S. Trustee objected Monday to the confirmation of oil and gas exploration company Enduro Resource Partners LLC's Chapter 11 plan, arguing the liability releases are too broad and cover too many parties.

  • July 24, 2018

    Minn. Mine Missed Ch. 11 Lease Deadline, Del. Judge Rules

    Investors who bought a bankrupt Minnesota iron ore mine last year lost their right to about a third of the company's original mining area late Monday, under a Delaware bankruptcy court ruling that the company’s hold ended with a missed Chapter 11 plan deadline.

  • July 24, 2018

    How Mammoth Student Loans Are Dogging Today's Lawyers

    Six-figure student debt is fast becoming the norm for newly minted attorneys, a reality that's taking a toll on everything from job hunting to psychological well-being.

  • July 24, 2018

    DuPont Reaches $3.1M Settlement Over Fatal 2014 Gas Leak

    DuPont has come to a $3.1 million settlement with the Environmental Protection Agency over violations of the Clean Air Act that led to an accident at its La Porte, Texas, chemical production facility in 2014 that left four workers dead from exposure to a toxic chemical.

  • July 23, 2018

    Grant & Eisenhofer Not Entitled To $31M Fee, Ex-Client Says

    A former Grant & Eisenhofer PA client told a California federal judge on Monday the firm can’t take a $31 million cut of her settlement in a False Claims Act suit against Celgene Corp., arguing the firm’s contingency agreement stopped applying when she fired the firm.

  • July 23, 2018

    Class Attys Defend $129M Fee Bid In Facebook Chancery Suit

    Class attorneys in a shareholder suit against a planned Facebook Inc. share reclassification that was canceled days before trial dug in on their contention they’re owed $129 million in fees after scoring the result they’d been seeking at trial, according to a brief in Delaware Chancery Court on Monday.

  • July 23, 2018

    Investment Firm Can't Resume Del. Hostile Takeover Suit

    A Delaware vice chancellor on Monday denied a San Francisco investment firm’s petition to appeal a stay entered in its bid to block Kentucky’s state pension fund from taking over four “massively profitable” funds the pair have jointly participated in over the last decade. 

  • July 23, 2018

    Bankrupt Power Co. Cleared To Spin Off Plant, Cut $95M Debt

    Talen Energy affiliate New Mach Gen LLC secured confirmation of its prepackaged Chapter 11 without a single short circuit Monday, gaining clearance for a plan to spin off one of its three power plants to a lender and reduce the remaining company’s debt load by $95 million.

  • July 23, 2018

    Contract Dispute Drives Aerospace Co. Into Ch. 11

    Aerospace part maker NORDAM filed for Chapter 11 protection late Sunday night to restructure $286 million in debt amid a long-term contract dispute over the production of an airplane engine part.

  • July 23, 2018

    FTC To Seek Revival Of Parts Of AbbVie Suit After $448M Win

    The Federal Trade Commission said in Pennsylvania federal court that it will be asking the Third Circuit to revive nixed parts of an antitrust lawsuit against AbbVie Inc. and its partner even after the agency won a $448 million penalty against the drugmakers, plus interest, over alleged sham AndroGel patent lawsuits.

  • July 23, 2018

    Zohar, Tilton Go Back To Mediation Over Del. Ch. 11 Cash

    Investors in the distressed-debt Zohar funds told a Delaware bankruptcy judge on Monday the group is headed back to bankruptcy court mediation with interests of founder Lynn Tilton over cash use and collateral, two months after mediation produced a purported global settlement.

  • July 23, 2018

    Is The Grass Greener On The Solo Side?

    Long hours. Financial stress. Unpredictable clients. These lawyers say they've found their calling.

Expert Analysis

  • How Immigration Issues Can Sour M&A Deals

    Christine Fuqua Gay

    Because the U.S. Department of Homeland Security's E-Verify program is frequently overlooked and misunderstood, immigration compliance issues have become more common in mergers and acquisitions and a basis of post-closing claims, such as those alleged in Post Holdings v. NPE Seller Rep, currently pending in the Delaware Chancery Court, say Christine Fuqua Gay and Ashley Hamilton of Holland & Knight LLP.

  • Establishing Diversity When A Trust Is Involved

    Andrew McClain

    The Third Circuit's opinion in GBForefront v. Forefront Management makes clear that traditional trusts and business trusts are treated differently for purposes of diversity jurisdiction. At the same time, the case begs the question of how to differentiate between a business trust and a traditional trust, says Andrew McClain of Foley & Lardner LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Opioid MDL Order Shows Need For Broad Funding Disclosure

    Alex Dahl

    The judge in the national opioid multidistrict litigation recently ordered lawyers to disclose whether their cases are financed by third parties. This has drawn attention to courts’ responsibility to address problems surrounding third-party litigation funding, but a uniform funding disclosure requirement would be more effective, says Alex Dahl of Strategic Policy Counsel PLLC.

  • The Potentially Far-Reaching Impact Of Sports Betting Case

    Cory Lapin

    The U.S. Supreme Court’s decision in Murphy v. National Collegiate Athletic Association was focused on sports betting but could be construed as conferring substantially more power on states in general, on issues including gun control, marijuana legalization and sanctuary cities, says Cory Lapin of Manning Gross & Massenburg LLP.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.