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Delaware

  • October 19, 2018

    Chancery Closes Gender Gap, National Courts Moving Slowly

    Delaware lawmakers caused a small stir earlier this month when they confirmed two veteran female attorneys to the state’s Court of Chancery, expanding the nationally important court by two seats while roughly closing the gender gap among its now-seven members for the first time.

  • October 19, 2018

    JC Penney Stockholder Targets Pricing Moves In Chancery

    A J.C. Penney Co. Inc. stockholder opened a derivative, class suit against the retailer’s directors and top officers in Delaware’s Chancery Court late Friday, alleging fiduciary duty breaches in connection with its retail pricing practices.

  • October 19, 2018

    EFH Reserve Release On Hold Pending 3rd Circuit Rehearing

    A Delaware bankruptcy judge on Friday delayed release of a $275 million reserve to Energy Future Holdings Inc.’s creditors pending a Third Circuit decision whether to reconsider its ruling that EFH should be freed from paying a termination fee after its deal to sell NextEra Energy Inc. its share of a power distribution system fell apart.

  • October 19, 2018

    Gov't Asks 9th Circ. To Revive New Birth Control Rules

    The Trump administration asked the Ninth Circuit on Friday to lift a nationwide ban on new rules that exempt employers with moral or religious objections from providing birth control coverage otherwise required by the Affordable Care Act, saying employers’ First Amendment rights should trounce procedural requirements for passing the new regulations.

  • October 19, 2018

    Asbestos Trusts Facing Heat As DOJ Ramps Up Oversight

    The U.S. Department of Justice has recently taken aggressive steps to augment government oversight and insert itself into the planning process for the asbestos bankruptcy trust system, heeding calls from state attorneys general and corporate America for greater transparency in how trusts are run.

  • October 18, 2018

    Battle Brews Over Atty's Admission In Woodbridge Ch. 11

    A battle is brewing in the litigation over The Woodbridge Group of Companies’ Chapter 11 plan concerning the pro hac vice admission in Delaware of an attorney representing a group of noteholders who oppose the plan, as unsecured creditors claim he violated ethical rules by not properly disclosing conflicts that exist among his clients. 

  • October 18, 2018

    Bristol-Myers, Pfizer's Blood Thinner IP Suit Axed Over Venue

    A Delaware federal judge tossed a lawsuit filed by Bristol-Myers Squibb Co. and Pfizer Inc. seeking to block Mylan Pharmaceuticals Inc. from making a generic version of their patented blood thinner Eliquis, finding on Thursday that the suit was filed in the wrong venue in light of the U.S. Supreme Court's TC Heartland ruling.

  • October 18, 2018

    Miramar Finalizes Settlement Over Sientra Merger Suit

    Shareholders of medical technology firm Miramar Labs Inc. and eight of the company’s shareholders filed a stipulation of settlement Thursday in Delaware Chancery Court that calls for $118,500 in plaintiff attorneys' fees and expenses in a $410,000 settlement that seeks to bring an end to the investors’ suit over a $20 million merger with Sientra Inc. in 2017.

  • October 18, 2018

    Citibank IDs Garnished Accounts In Wine Co. Investor Row

    Citibank has told a Florida federal judge that a controlling shareholder in a Chilean wine company ordered to pay a $28.7 million arbitration award to a Delaware investor for breaching a stock repurchase agreement has about $96,600 in cash across several accounts subject to garnishment, plus shares in a handful of companies.

  • October 18, 2018

    Investor Sues Online Seller CafePress Over Snapfish Merger

    An investor in CafePress, an online retailer selling customized products, filed a proposed class action Wednesday in Delaware federal court alleging the company misled and ultimately may have shortchanged stockholders leading up to its recommended merger with online printing giant Snapfish.

  • October 18, 2018

    3rd Circ. Says Restitution Measures Victims' Loss Under INA

    The Third Circuit on Wednesday refused to stop the deportation of a Dominican citizen and longtime U.S. resident, upholding an immigration judge’s finding that the man’s counterfeiting conviction counted as an aggravated felony under immigration law.

  • October 17, 2018

    3rd Circ. Denies New Immigration Hearing For Putin Critic

    The Third Circuit on Tuesday denied a Russian native’s petition for a new bond hearing in his ongoing immigration detention case as he awaits possible deportation to potentially face criminal fraud charges in Russia that he contends were filed in retaliation for his political opposition to President Vladimir Putin.

  • October 17, 2018

    Musk, Tesla Board Face Chancery Suit Over 'Erratic' Conduct

    Pointing to unchecked, "erratic" behavior by Tesla founder Elon Musk and board failures to head off recent, costly consequences, a company shareholder launched a derivative suit in Delaware’s Chancery Court on Wednesday, seeking damages and governance reforms.

  • October 17, 2018

    FTC On Ropes As Courts Wallop Suits Over Past Conduct

    The Federal Trade Commission's power to punish past conduct involving consumer fraud or anti-competitive shenanigans is looking wobbly after a one-two punch of court decisions forcing the agency to also identify imminent or ongoing violations when it challenges prior behavior.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Papa John's Tries To Stymie Founder’s Chancery Demands

    Papa John’s pizza chain founder John Schnatter’s “unbounded” demands for company records in a Delaware Chancery Court suit and alleged intent to use the results in future personal litigation against the company justify denial or heavy pruning of disclosures, company attorneys said late Tuesday.

  • October 17, 2018

    Cabela's Tells Chancery Ex-Workers' Startup Must Be Stopped

    Sporting goods retailer Cabela’s LLC told a Delaware Chancery Court judge Wednesday that a group of former employees should be enjoined from launching a competing website in an apparent breach of employment agreements that bar use of the company’s confidential information.

  • October 17, 2018

    Weinstein Co. Buyer Wants Answers On Production Contract

    The Chapter 11 buyer of the assets of movie and television studio The Weinstein Co. Holdings LLC filed a bankruptcy suit Wednesday in Delaware asking the court to make a ruling on the status of a contract with a former production partner of the debtor.

  • October 16, 2018

    Quick Chancery Appeal Sought For Rocky $4.8B Akorn Merger

    Warring pharmaceutical companies Akorn Inc. and Fresenius Kabi AG asked Delaware’s Chancery Court late Monday to clear the way for an immediate Akorn appeal from a recent ruling that Fresnius could terminate a $4.8 billion merger, putting off for now litigation over Fresenius’ damage claims.

  • October 16, 2018

    Del. Judge OKs $4.2M Award, Fees In Space Robot Tech Suit

    A federal judge in Delaware denied a new trial late Monday for a space vehicle company that landed on the dark side of a $4.2 million breach of contract and damage award in a suit over work for planned commercial robot moon landers and Earth re-entry vehicles.

Expert Analysis

  • 4 Key Components To New Firm Partnership Agreements

    Russell Shinsky

    A well-drafted partnership agreement protects a law firm's founders, establishes a process for new and outgoing partners, and sets forth guidelines for navigating conflict along the way. Startup firms can begin with something less complex, but there are important elements that every agreement should include, says Russell Shinsky of Anchin Block & Anchin LLP.

  • Delaware Decision Clarifies MFW's Ab Initio Requirement

    Gail Weinstein

    The Delaware Chancery Court's ruling last month in Olenik v. Lodzinski is notable for providing a substantial discussion of the difference between “negotiations” and “preliminary discussions” for determining whether a merger meets MFW's “ab initio requirement” and qualifies for review under the deferential business judgment rule standard, say attorneys with Fried Frank Harris Shriver & Jacobson LLP.

  • Opinion

    Open The Federal Courthouses

    David Oscar Markus

    Forget about cameras, reporters in the Manafort trial were not even permitted in the courtroom with their phones, tablets or computers. That meant no live reporting on Twitter and no emails to the newsrooms with updates. In a world focused on information and news as it happens, this is unacceptable, says trial attorney David Oscar Markus.

  • 5 E-Discovery Hurdles For Government Agencies

    Amy Hilbert

    Electronic discovery is a challenging process for even the most experienced law firms and corporations, but the challenges faced by government agencies may be even more daunting, says Amy Hilbert of Casepoint LLC.

  • Del. Series LLC Changes Bring Clarity For Secured Lenders

    R. Jason Russell

    Delaware recently passed amendments to the Delaware Limited Liability Company Act that enable a new type of series of an LLC known as a “registered series.” The changes address historical uncertainty among secured lenders seeking to perfect a security interest, say R. Jason Russell and Sean Sullivan of Morris Nichols Arsht & Tunnell LLP.

  • Policing Bad Claims In Consolidated Litigation: Part 2

    Danielle Bagwell

    While conducting a pre-suit investigation sufficient to file a lawsuit may seem like a perfunctory enterprise, courts appear increasingly willing to affirm the importance of complying with this requirement — and this issue is particularly ripe in consolidated and multidistrict litigation, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • Policing Bad Claims In Consolidated Litigation: Part 1

    Danielle Bagwell

    With the proliferation of consolidated litigation, courts have lamented the lack of scrutiny often given to individual cases in these proceedings. Recent federal court decisions demonstrate an increased willingness to police meritless claims by assessing whether counsel’s pre-suit investigation was adequate, say Danielle Bagwell and Anne Gruner of Duane Morris LLP.

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • The Future Of State-Subsidized Electric Generation Resources

    Joseph Cavicchi

    The Federal Energy Regulatory Commission recently ruled that PJM Interconnection’s current capacity market auction tariff is unjust and unreasonable. The decision raises a fundamental economic question as to the future of PJM's existing market-based approach to determining the region’s mix of generating assets, say Joseph Cavicchi and Kenneth Grant of Compass Lexecon​​​​​​​.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.