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Delaware

  • September 24, 2018

    Pa. Lacks Standing For ACA Birth Control Suit, 3rd Circ. Told

    The federal government on Friday told the Third Circuit that a Pennsylvania federal judge's temporary injunction halting a Trump administration policy expanding a religious exemption to the Affordable Care Act contraception mandate should be reversed because Pennsylvania has no standing in the matter and suffered no irreparable harm.

  • September 24, 2018

    Del. Judge Backs Releases In Millennium Lab Holdings Ch. 11

    A Delaware federal judge on Friday upheld bankruptcy court confirmation of a laboratory company’s $1.8 billion Chapter 11 plan over creditor objections that the ruling unconstitutionally shielded nondebtor third parties from a racketeering suit.

  • September 24, 2018

    3rd Circ. Revives FDCPA Suit Over IRS Reporting Language

    A statement in debt collection letters saying forgiveness of the debt may be reported to the IRS could constitute a violation of the Fair Debt Collection Practices Act because the debts in question were too small to be reported, the Third Circuit in a precedential opinion ruled on Monday in reviving a potential class action against Midland Credit Management Inc.

  • September 21, 2018

    United Technologies Lands Parts Contract Worth Up To $2.5B

    United Technologies Corp. will receive up to almost $2.5 billion to provide parts for the U.S. Air Force under a contract modification, while PoleZero Corp. nabbed a nearly $66.7 million award for military aircraft equipment and services, according to a pair of announcements.

  • September 21, 2018

    Jury Finds Overstock.Com Guilty Of $3M Escheat Holdback

    A Delaware jury took little more than a hour to find Overstock.com guilty of concealing nearly $3 million in abandoned gift card balances from Delaware’s revenue agency, after a six-day whistleblower trial that could lead to a treble damages sanction.

  • September 21, 2018

    June DHS Memo Can't Justify Ending DACA, 2nd Circ. Hears

    A coalition of states challenging the Trump administration’s decision to rescind the Deferred Action for Childhood Arrivals program urged the Second Circuit Thursday to uphold their equal protection and procedural claims, asserting that the government’s arguments to the contrary improperly rely on a recent U.S. Department of Homeland Security memo.

  • September 21, 2018

    Class Alleges Genworth Is Sinking Own Long-Term Care Unit

    Insurance holding company Genworth Financial was hit with a putative class action in Delaware Chancery Court on Friday by holders of long-term care policies from one of its subsidiaries, who allege that the parent company is sabotaging their benefits by fraudulently transferring the subsidiary’s assets to its other units.

  • September 21, 2018

    Battle Brewing Over Weinstein's Info Request In Del. Ch. 11

    The Weinstein Co. Holdings LLC filed an objection on Thursday in Delaware bankruptcy court to what it claims is a "burdensome" request by Harvey Weinstein seeking documents about his rights to certain films and projects.

  • September 21, 2018

    Consumer Seeks Full 3rd Circ. Redo Of Toxic Talc Ruling

    Alleging that the Third Circuit contradicted its own prior rulings and created a split with the Ninth Circuit by dismissing a Johnson & Johnson consumer’s proposed class action over talcum powder as “buyer’s remorse,” the customer’s attorneys on Friday asked for the full court to rehear the case.

  • September 21, 2018

    Allergan, Tribe Sue Pharma Co. Over Restasis Patent

    Allergan PLC and the Saint Regis Mohawk Tribe slapped generic drug manufacturer Amneal Pharmaceuticals with a patent infringement suit over the dry-eye drug Restasis in Delaware federal court on Thursday, even as the fate of related patents for the drug hangs in the balance at the Federal Circuit.

  • September 21, 2018

    Chancery Agrees To Master For $15B Student Loan Trust

    Noting months of costly disagreements and litigation among parties to a troubled $15 billion fleet of student loan trusts, a Delaware vice chancellor agreed Friday to appoint a special master to handle disputes involving the trusts' owners, investors, agents and administrators.

  • September 21, 2018

    MabVax Stock Actions Stand Amid Pump-And-Dump Claims

    A Delaware vice chancellor on Thursday let stand a series of stock conversions that biotech company MabVax Therapeutics Holdings Inc. had worried were in question due to claims of a “well-planned” and “extensive” pump-and-dump scheme that is the subject of a recent federal lawsuit.

  • September 21, 2018

    Chancery Judge Says Goldman Settlement Makes No Sense

    A Delaware Chancery Court judge expressed confusion Friday over the nature of a settlement proposed among a shareholder of Goldman Sachs Group Inc. and the company's directors, saying the deal didn't make sense and didn't offer a balanced result because the board members weren't giving up the stock awards at the center of the excessive compensation complaint.

  • September 21, 2018

    Fosamax MDL Revival Must Be Nixed, US Tells High Court

    The Office of the U.S. Solicitor General has urged the U.S. Supreme Court to overturn a Third Circuit decision reviving multidistrict litigation over Merck Sharp & Dohme Corp.’s alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax, saying such claims are preempted because regulators rejected the company's proposed warning.

  • September 21, 2018

    Claire’s Gets Nod On Ch. 11 Plan After Clinching Creditor Deal

    A Delaware bankruptcy judge confirmed accessory retailer Claire’s Chapter 11 plan on a mostly uncontested basis Friday after a three-day confirmation hearing during which stakeholders hashed out the details of a deal struck Monday that granted second-lien creditors higher recovery rates.

  • September 20, 2018

    3rd Circ. Backs Penn State Email Probe, 'Dismayed' By Tactics

    A Third Circuit panel on Thursday backed a lower court decision to toss a lawsuit accusing two state investigators of illegally obtaining a Penn State University employee’s work emails, saying while it was “dismayed” by the pair’s use of an improper subpoena, her employers had the authority to hand them over.

  • September 20, 2018

    Chancery OKs Papa John's Founder's Records Suit For Trial

    A Delaware Chancery Court judge on Thursday declined to dismiss a “books and records” lawsuit filed against Papa John’s by former pizza chain CEO John Schnatter, rejecting company claims that he was using the demands to improperly support a suit to counter actions against him and other employees. 

  • September 20, 2018

    J&M Vendors' Skittishness Threatens Ch. 11 Plan Hopes

    The prospects of discount retailer J&M Sales Inc. getting to a confirmed Chapter 11 plan of reorganization dimmed Thursday, when attorneys for the chain of stores told a Delaware bankruptcy judge that its vendors were wary of signing on to a process where they would provide inventory on shortened terms.

  • September 20, 2018

    Court Master, Corporate Atty Picked For New Chancery Seats

    Delaware Gov. John Carney announced his nomination of two candidates for the expanded bench of the Delaware Chancery Court on Thursday, choosing Chancery Master Morgan T. Zurn and Young Conaway Stargatt & Taylor LLP litigator Kathaleen S. McCormick to fill the newly created seats.

  • September 20, 2018

    3rd Circ. Won't Revive Securities Fraud Row Against Hertz

    The Third Circuit on Thursday refused to revive a putative securities class action against Hertz Global Holdings Inc. over allegedly false and misleading statements about its financial condition and internal controls, saying the explanation that former company executives engaged in mismanagement is more plausible than shareholders' claims of a systemic fraud.

Expert Analysis

  • How Delaware Refreshed Its LLC Act And General Corp. Law

    Allison Land

    Last week, a number of amendments to the Delaware Limited Liability Company Act and the Delaware General Corporation Law became effective. Allison Land and Anne Connolly of Skadden Arps Slate Meagher & Flom LLP discuss the five major changes impacting companies.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • Federal Inaction And State Activity: Student Loan Edition

    David Gettings

    As a result of waning federal involvement, states have increased their roles in the regulation and litigation of private student loans, and servicers and lenders now confront an amorphous environment policed by a diverse cast. And with student loan defaults rising, state enforcement activities may not be the only increase in litigation the industry sees, say attorneys at Troutman Sanders LLP.

  • To Ease Pain Of Breach Notification Laws, Protect Passwords

    Jason Wool

    Arizona just became the latest state to require notification for breaches of online credentials, and more jurisdictions are likely to follow. Organizations should take this opportunity to minimize the likelihood of password-related incidents that could give rise to breach notification obligations, says Jason Wool of ZwillGen PLLC.

  • Who Can Decide Whether 'Class Arbitration' Is Authorized?

    Gilbert Samberg

    In Lamps Plus v. Varela, the U.S. Supreme Court will decide next term whether an arbitration agreement that says nothing about class arbitration can be interpreted to constitute consent by the parties. But it's currently unclear if the Supreme Court will specify who can actually decide that question, says Gilbert Samberg of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Developments In State Data Breach Notification Laws

    Hanley Chew

    In the past year, Alabama, New Mexico and South Dakota became the final three states to enact data breach notification statutes, and several other states amended their existing data breach notification statutes. Three trends are evident in the new statutes, say ​​​​​​​Hanley Chew and Tyler Newby of Fenwick & West LLP.