Delaware

  • November 14, 2017

    Aerospace Execs' Side Deals Harmed Sale, Del. Justices Told

    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.

  • November 14, 2017

    Takata's Japanese Parent Wins Ch. 15 Recognition

    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.

  • November 14, 2017

    3rd Circ. Questions Google Privacy-Payout Challenger

    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.

  • November 14, 2017

    3rd Circ. Skeptical Of Philly Cabbies’ Uber Antitrust Claims

    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.

  • November 14, 2017

    Miramar Directors Ready To Put Sientra Deal Suit To Bed

    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.

  • November 13, 2017

    GST Autoleather Cleared For Ch. 11 Bidding, Borrowing

    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.

  • November 13, 2017

    Equifax Hit With Rare '50-State' Complaint Over Data Breach

    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.

  • November 13, 2017

    Investor Sues Booz Allen Over DOJ Billing Investigation

    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.

  • November 13, 2017

    Takata Judge Won't Exempt States From Airbag Suit Stay

    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.

  • November 13, 2017

    Ryckman Creek Cleared To Seek Vote On $16.5M Sale Plan

    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.

  • November 13, 2017

    Chancery Nixes Records Suit As Counsel-Driven Effort

    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.

  • November 13, 2017

    Macaroni Grill's $5M DIP Loan Cleared, But Plan Fight Looms

    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.

  • November 13, 2017

    Truth Sinks Amateur Radio Boss’ Libel Suit, 3rd Circ. Says

    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.

  • November 9, 2017

    La Paloma Ch. 11 Buyer Ruled Not Liable For Enviro Costs

    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.

  • November 9, 2017

    Ex-CEO Seeks Ch. 11 Legal Fee OK To Fight Altegrity Suit

    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.

  • November 9, 2017

    Katy Industries, PBGC To Submit Docs In Real Estate Beef

    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.

  • November 9, 2017

    Heyman, Block & Leviton To Lead Tangoe Buyout Challenge

    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.

  • November 9, 2017

    Limitless Reaches Deal With USDA Over Secured Grant Claims

    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.

  • November 9, 2017

    Gas Co., Bank Slam Ryckman Creek Ch. 11 Plan As Inadequate

    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.

  • November 9, 2017

    Janssen, Gilead Clear Mylan To Sell Generic HIV Drug

    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.

Expert Analysis

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    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.

  • Technology Assisted Review Can Work For Small Cases

    john_tredennick_bg.png

    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.

  • Examining Title VII And ADA Claims At 3rd Circ.

    George Hlavac

    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.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    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.

  • TC Heartland And Its Aftermath: A Litigant’s View

    James Dabney

    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: A 225-Year Retrospective

    Jack Jacobs

    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.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    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.

  • The Dell Appeal In Light Of Recent DFC Opinion

    Stephen Lamb

    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.

  • Locating Burden Of Proof When Patent Venue Is Challenged

    Duane-David Hough

    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.

  • Extending CalPERS V. ANZ Securities To Exchange Act Cases

    Alan Glickman

    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.