Delaware

  • July 09, 2020

    High Court Sends Birth Control Coverage Cases To 9th Circ.

    The U.S. Supreme Court on Thursday undid a Ninth Circuit injunction that blocked a pair of Trump administration rules making it easier for employers to skirt the Affordable Care Act's contraception mandate, a day after the justices upheld the regulations in a similar case.

  • July 09, 2020

    Chancery OKs Oracle Panel Doc Hold-back In $9B Merger Suit

    An Oracle Corp. special litigation committee that took over and then handed back control of a suit against company founder Lawrence J. Ellison and others over a conflicted $9.3 billion acquisition of NetSuite Inc. has a right to keep some of its documents away from stockholders despite their shared interests, a Delaware vice chancellor ruled late Thursday.

  • July 09, 2020

    Civil Rights Attys Fear Religious Turn At High Court

    The U.S. Supreme Court's recent decision in Trump v. Pennsylvania could devastate American workers who use birth control in the short term while chipping away at nondiscrimination protections in the long term, civil rights advocates say.

  • July 09, 2020

    Crystallex Wants Citgo Sale In $1.2B Award Row To Proceed

    Crystallex is asking a Delaware court to forge ahead with an auction of Citgo's parent company as it looks to enforce a $1.2 billion arbitral award against Venezuela, even as other creditors of the crisis-stricken country have begun to circle around Caracas' most important foreign asset.

  • July 09, 2020

    Del. Justices Let Chancery's $13B Jarden Appraisal Stand

    Cautioning that Delaware's courts never unequivocally ruled out unaffected stock prices as an indicator of fair value in mergers, Delaware's Supreme Court on Thursday upheld a $48.31-per-share price in the contested $13.2 billion sale of Jarden Corp. in 2016.

  • July 09, 2020

    Patent Cases To Watch In The Second Half Of 2020

    A wave of U.S. Supreme Court petition denials has made 2020 a bit of a letdown for patent attorneys, but there are several high-profile cases on the horizon that could decide the fate of Patent Trial and Appeal Board judges and biosimilars law, and offer more clarity on licensing standard essential patents.

  • July 09, 2020

    Quid Inc. Co-Founder Says He Was Duped Into Stock Deal

    The co-founder of software company Quid Inc. filed a lawsuit in Delaware Chancery Court Thursday accusing the company and its former CEO of failing to disclose financial details and fraudulently inducing him to buy roughly $328,000 in company stock last year.

  • July 09, 2020

    3rd Circ. Won't Revive NJ Doc's Suit Over Improper Training

    The Third Circuit has affirmed the dismissal of a doctor's complaint alleging that medical supply companies' shoddy training led to him being accused of Medicare fraud, ruling Thursday that he wasn't specific enough about the wrong recommendations the companies made.

  • July 09, 2020

    Weinstein Co. Floats $47M Ch. 11 Deal For Victims, Creditors

    Attorneys for Harvey Weinstein's bankrupt former studio outlined a tentative $46.8 million agreement Thursday to settle victim and bankruptcy creditor claims against the convicted sexual predator in Delaware bankruptcy court and New York federal court.

  • July 09, 2020

    DavidsTea Seeks Ch. 15 To Phase Out Brick And Mortar Stores

    Tea retailer DavidsTea has filed a Chapter 15 petition in Delaware bankruptcy court in an effort to speed its transition away from brick-and-mortar stores and focus on its online and wholesale business.

  • July 08, 2020

    Judge Adds $12M In Interest To $31M Tire Patent Verdict

    A Delaware federal judge refused Tuesday to erase a jury's $31.2 million infringement verdict against auto parts maker Schrader International over a 1990s patent for tire pressure monitoring, and added $12.1 million in interest to Schrader's bill.

  • July 08, 2020

    PPP Aid Boosted At Least 215 Law Firms In Delaware

    Five Delaware law firms — led by Maron Marvel, Morris James and Potter Anderson — were reported as receiving between $1 million and $5 million in federal Paycheck Protection Program aid this week, among 215 state firms qualifying for at least $150,000 in aid for job retention and business preservation.

  • July 08, 2020

    Chancery Wants To Tackle 'Novel' Marriott Data Breach Issues

    The Delaware chancellor on Wednesday denied a request to stall a derivative suit stemming from Marriott International Inc.'s massive data breach while multidistrict litigation proceeds in federal court, saying there are some "novel" issues of law for the Chancery Court to chime in on.

  • July 08, 2020

    Egg Buyers Ask 3rd Circ. To Rehear Price-Fixing Appeal

    Egg buyers have urged the Third Circuit to reconsider its precedential opinion not to revive their antitrust case against a major producer that allegedly conspired to reduce the supply of eggs, telling the appeals court that its decision went against "a century of precedent."

  • July 08, 2020

    Virus Prompts Del. To Move Bar Exam To State Fairgrounds

    Those taking the bar exam in Delaware this year will do so at a new location because of the COVID-19 pandemic, with officials announcing Wednesday that the exam will be held at the state fairgrounds from Sept. 9 to 11.

  • July 08, 2020

    Ministry Wants Venezuela Oil Assets Shielded In $138M Fight

    The Venezuela Ministry of Defense on Tuesday accused a U.S. shipbuilder of creating a "false sense of urgency" to seize Venezuela's holdings in Delaware and fulfill a $138 million arbitral award, conflating the country with its defense ministry along the way.

  • July 08, 2020

    FCC Approves Final Tranche Of Telehealth Expansion Funds

    The Federal Communications Commission signed off on 25 funding applications for federal telehealth funding on Wednesday, allocating the remaining dollars of a $200 million set-aside from Congress to fund the expansion of remote medical care during the COVID-19 pandemic.

  • July 08, 2020

    Ex-Del. Chief Justice Strine Joins Columbia, Penn Law

    Retired Delaware Chief Justice Leo E. Strine Jr. added a pair of new and prestigious academic appointments to his long record on Wednesday, picking up distinguished scholar positions at both Columbia Law School and the University of Pennsylvania's Carey Law School.

  • July 08, 2020

    Brooks Brothers Latest Retailer To Fall Into Pandemic Ch. 11

    Men's suit retailer Brooks Brothers filed for Chapter 11 protection Wednesday in Delaware, saying liquidity and supply chain problems worsened by the COVID-19 pandemic drove it into insolvency.

  • July 08, 2020

    Justices Widen Scope Of Birth Control Coverage Exemption

    The U.S. Supreme Court ruled 7-2 on Wednesday that employers can exclude birth control from their health care plans if they oppose contraception on moral or religious grounds, upholding Trump administration rules that made it easier to skirt the Affordable Care Act's contraception mandate.

  • July 07, 2020

    Chancery Won't Halt GPB Capital Mismanagement Suit

    A Delaware vice chancellor Tuesday refused to halt a derivative lawsuit filed against GPB Capital Holdings LLC and its officers alleging mismanagement of a general partnership that invests in automobile dealership groups, despite a call to stay the case as similar actions proceed elsewhere.

  • July 07, 2020

    Pharma Co. Files Ch. 11 Plan Proposing Icahn Acquisition

    VIVUS Inc. and its subsidiaries voluntarily filed a prepackaged Chapter 11 reorganization plan in Delaware bankruptcy court Tuesday under which the California-based biopharmaceutical company would become a wholly owned subsidiary of Carl Icahn's investment firm Icahn Enterprise Holdings LP.

  • July 07, 2020

    Littler Mendelson Dodges Suit Over Petco Case At 3rd Circ.

    The Third Circuit on Tuesday declined to revive an ex-Petco employee's civil rights lawsuit against Littler Mendelson PC and two firm lawyers with respect to their representation of the company in his now-settled discrimination suit, saying he cannot pursue the action against private attorneys.

  • July 07, 2020

    Lenders Take Over Bluestem With $250M Ch. 11 Credit Bid

    E-commerce-focused Bluestem Brands Inc. secured a Delaware bankruptcy judge's approval Tuesday to sell itself to a lender and creditor syndicate in exchange for a $250 million credit bid and liability assumptions, after finding no other buyers for its multifaceted business.

  • July 07, 2020

    Resideo Brass Accused Of Misrepresenting Honeywell Spinoff

    A Resideo Technologies Inc. investor filed a derivative lawsuit Tuesday in Delaware federal court alleging the company's officers misled the public about the financial ramifications of its 2018 spinoff from Honeywell, resulting in a significant stock price drop when the company's financial woes were revealed.

Expert Analysis

  • Mask-Wearing Prosecution Witnesses May Face Roadblocks

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    When in-person criminal jury trials resume, witnesses wearing masks as protection against the coronavirus will almost certainly lead to a new line of cases weighing public health against a defendant's Sixth Amendment right to confront prosecution witnesses, says Scott Grubman at Chilivis Grubman.

  • 6 Considerations When Shopping For Legal Tech Software

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    When evaluating the vast range of legal technology options available today, law firms will want to make sure that firm intellectual property and client data stored in the software are encrypted, isolated, protected through backups and in compliance with the ever-growing list of data regulations, say Eric Tucker and Dorna Moini at Documate.

  • Law Firm Strategies For Publicizing Laterals Amid Lockdowns

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    With business development dinners and social events no longer viable for new lateral hires, law firms need a refreshed game plan — one that fully exploits the digital landscape, say Andrew Longstreth and Jesse Dungan at Infinite Global and Michael Coston at Coston Consulting.

  • Are Your Slack Communications Primed For E-Discovery?

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    With the increasing use of channel-based platforms such as Slack, Messenger and Teams in the work-from-home era, companies should assume they may be compelled to produce channel-based data in litigation and take proactive steps to protect sensitive information, say Jessica Brown and Collin James Vierra at Gibson Dunn.

  • 6 Dispute Prevention Steps As Lawsuits Rise Amid Pandemic

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    With the inundation of lawsuits resulting from the pandemic, now is an opportune time for companies and their advisers to implement prevention measures explicitly designed to break the dispute cycle early and to de-escalate possible legal actions as they form, says arbitrator and mediator Janice Sperow.

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • How Discovery Is Evolving In ERISA Benefits Litigation

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    While courts have been reluctant to grant discovery in Employee Retirement Income Security Act benefits cases in the past, textual-minded judges questioning the legitimacy of judicially created doctrines are increasingly allowing more discovery, says Mark DeBofsky at DeBofsky Sherman.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • How COVID-19 Impact Analysis May Shape MAE Disputes

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    Emerging disputes over whether the COVID-19 crisis has triggered a merger transaction’s material adverse effect clause shine a spotlight on the importance of showing whether the pandemic has disproportionately impacted particular industries and companies, say David Tabak and Edward Flores at NERA.

  • EPA Limits On States' Project Reviews Likely To Face Lawsuits

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    The U.S. Environmental Protection Agency's recently announced rule limiting the scope of states' reviews of planned energy infrastructure projects will likely mean more litigation between states and the federal government — and more uncertainty for businesses and other stakeholders, says Philip Sholtz at Goldberg Segalla.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Virus, Regs Highlight Need For Model State Whistleblower Law

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    The North American Securities Administrators Association's recently proposed model state whistleblower law could be a timely weapon against securities misconduct in light of the new and unique opportunities COVID-19 presents for fraudsters, and certain federal registration exemptions that may soon be relaxed, says attorney Patrick McCloskey.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • A Strategy To Address Uncertainty In Life Sciences Contracts

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    Understanding how to draft diligence clauses that require parties to use commercially reasonable efforts in life sciences contracts is more important than ever before, with COVID-19 likely redefining what is reasonable, say Gregory Litt and Resa Schlossberg at Skadden.

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