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Delaware

  • July 25, 2018

    3rd Circ. Affirms FERC Win In Religious Order's Pipeline Fight

    The Third Circuit agreed on Wednesday that a Roman Catholic religious order could not bring an independent lawsuit under the Religious Freedom Restoration Act to challenge approvals from the Federal Energy Regulatory Commission for the controversial Atlantic Sunrise natural gas pipeline.

  • 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.

Expert Analysis

  • 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.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • States Need Realistic Expectations For Sports Betting

    A.G. Burnett

    In the run-up to the U.S. Supreme Court's decision in Murphy v. NCAA, many state officials viewed legalized sports betting as the answer to their budgetary problems. But states will soon learn, if they haven’t already, that sports betting is a complicated and low-margin business. Nevada’s results are sobering, say A.G. Burnett and Rick Trachok of McDonald Carano LLP. 

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • With States' Crypto Regulation, Problems Multiply

    Jason Gottlieb

    State securities agencies are increasingly regulating the cryptocurrency space through administrative proceedings and summary cease-and-desist orders. But the uncertainties and ambiguities in current cryptocurrency regulation mean that multistate action — even if coordinated — will create a real risk of splintered authority, says Jason Gottlieb of Morrison Cohen LLP.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Fed. Circ. Continues To Clarify Venue Post-TC Heartland

    Ann Fort

    Tuesday marked one year since the U.S. Supreme Court fundamentally narrowed patent venue in its TC Heartland decision. This month, three Federal Circuit decisions addressed a number of outstanding questions on patent venue, but none of the court's positions was unexpected, say attorneys with Eversheds Sutherland LLP.

  • Key Issues States Face In The Wake Of Sports Bet Ruling

    Jim Havel

    While the U.S. Supreme Court’s decision this week removing the federal ban on sports betting may appear straightforward, the path toward regulating sports betting across the United States may be anything but simple, say attorneys with Bryan Cave Leighton Paisner LLP.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.