Delaware

  • January 22, 2018

    Del. Chancellor Expedites IT Firm Board Meeting Suit

    Delaware's chancellor fast-tracked arguments Monday on a motion to compel a meeting of information technology company Avande Inc. stockholders after allegations that the company's investor-CEO improperly allowed a vendor access to Avande's intellectual property.

  • January 22, 2018

    Medtech Startup Wants Stock Back From Would-Be CEO

    A medical technology startup filed suit in Delaware Chancery Court Monday demanding the return of a stock award from a candidate slated to become its CEO who declined the job to take a position with another company.

  • January 22, 2018

    GST AutoLeather Sale Stalls Amid Creditor Infighting

    Bankrupt GST AutoLeather Inc.’s bid to sell its assets to its senior lenders in a deal valued at $172 million failed to get off the ground Monday after volatile infighting between secured and unsecured creditors flared up, leaving the proposed sale caught in the crossfire.

  • January 22, 2018

    Indian Tech Co. Looks To Arbitrate $5M Heads-Up App Dispute

    An India-based technology company accused in a $5 million lawsuit of misrepresenting its ability to design and develop a cellphone application incorporating technology meant to keep a driver’s eyes on the road asked a Delaware federal court on Friday to send the dispute to arbitration.

  • January 22, 2018

    Trump Int'l Hotels Says Fed Court Must Decide Law Firm's Suit

    Trump International Hotels Management LLC has removed to Delaware federal court a suit by Panama law firm Morgan & Morgan PA accusing the hotel management company and an affiliate of improperly responding to arbitration over a “mismanaged” Panamanian hotel by dragging the firm into the fight on “absurd” claims.

  • January 22, 2018

    Northeast Refiner PES Opens $1B-Plus Chapter 11

    Philadelphia Energy Solutions LLC, the Northeast’s largest remaining refinery complex, sought Chapter 11 protection in Delaware early Monday, filing a prepackaged plan to restructure more than $1 billion in debt and equity in just one month, including about $739 million in loans or related obligations.

  • January 19, 2018

    Del. Becomes Latest To Sue Pharmas Over Opioid Crisis

    Delaware on Friday sued a slew of opioid makers, distributors and pharmacies, seeking to hold them to account for their roles in creating an opioid addiction crisis that was declared a nationwide public health emergency in October.

  • January 19, 2018

    Gigamon Investors Seek Appraisal Of $1.6B Elliott Purchase

    A group of funds advised by Water Island Capital LLC launched a petition in Delaware Chancery Court late Thursday to appraise its stock in network technology company Gigamon Inc. now that its $1.6 billion acquisition by Elliott Management Corp. and the Qatari government's investment arm has closed.

  • January 19, 2018

    $10M Indorama Bid Set As Stalking Horse For M&G W.Va. Site

    An affiliate of global petrochemical giant Indorama Ventures on Friday won Delaware bankruptcy court approval to serve as stalking horse bidder for M&G Polymers LLC’s West Virginia plastics plant, with a $10 million offer that also covers the company’s Ohio research site.

  • January 19, 2018

    3rd Circ. Affirms Medco's Win In FCA Kickback Suit

    The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.

  • January 19, 2018

    Fiat Chrysler Says Tire Defect Claims Are Too Old

    Fiat Chrysler asked a Delaware federal court Thursday to toss a proposed class action alleging that a defect in certain Chrysler and Dodge vehicles caused their tires to corrode or deflate, arguing the suit's consumer fraud and warranty claims are time-barred and others have no factual basis.

  • January 19, 2018

    Woodbridge Managers Resign Amid Ch. 11 Trustee Arguments

    Facing securities charges in Florida in an alleged $1.2 billion Ponzi scheme and under pressure to accept trustee oversight in Delaware, bankrupt Woodbridge Group of Companies reported the resignation of its original independent manager and planned departure of its chief restructuring officer on Friday.

  • January 19, 2018

    FERC Shouldn't Hear Religious Freedom Claim, 3rd Circ. Told

    A Roman Catholic order of nuns on Friday urged the Third Circuit to undo a district court’s ruling that the Federal Energy Regulatory Commission, not the courts, must hear its pipeline challenge, arguing that the agency isn’t a competent tribunal with respect to the religious freedom law controlling its claim.

  • January 19, 2018

    Canadian Hardware Supplier RCR Seeks Ch. 15 In Del.

    Quebec-based home improvement products maker RCR International Inc. filed a Chapter 15 petition late Thursday in Delaware seeking to protect its U.S. assets from creditors and ensure performance on key contracts while it tries for a potential sale under Canadian court supervision.

  • January 19, 2018

    Cornell, Life Tech Must Arbitrate IP Settlement Fight

    Cornell University must arbitrate its claim that Life Technologies Corp. tricked it into settling a suit accusing a third company of infringing their DNA and RNA sequencing patents, a Delaware federal magistrate judge said Friday.

  • January 18, 2018

    Deutsche Bank Seeks TRO In Del. Over $320M Vik Debt

    Deutsche Bank has asked Delaware’s Chancery Court to block a $50 million transfer by an entity controlled by Alexander Vik, the Norwegian billionaire the bank has been pursuing for nearly a decade over an unpaid $323 million judgment.

  • January 18, 2018

    Weyerhaeuser Can't Upend Domtar Win On Post-Sale Fight

    The Third Circuit on Thursday affirmed Weyerhaeuser's loss in a suit over who had to pay some $9 million in workers' comp costs for retired workers after the $3.3 billion sale of a business unit to Domtar Corp., saying Weyerhaeuser spent years acting like it was the one responsible, and that was enough to make it the one responsible.

  • January 18, 2018

    Citi Investors Say New Info Supports Fraud Case's Revival

    Attorneys for shareholders who sued Citigroup Inc. directors over alleged years of mismanagement and fraud at the company told the Delaware Chancery Court late Wednesday that new evidence warrants reopening the recently dismissed case, while they separately fired up an appeal.

  • January 18, 2018

    Woodbridge Expands Board To Ease Creditor Concerns

    The Woodbridge Group of Cos. LLC told a Delaware judge Thursday that it had made changes to its corporate governance structure to address concerns raised by the officials committee of unsecured creditors in its Chapter 11 case.

  • January 18, 2018

    Takata Seeks Approval For Former Execs' Benefits Deals

    Bankrupt air bag maker Takata wants a Delaware bankruptcy court to ratify settlements with seven former executives who currently receive company health benefits but, with court approval, would get cash in exchange for the termination of those benefits.

Expert Analysis

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    In December, three of the Trump administration’s judicial nominees were forced to withdraw after serious bipartisan concerns arose about their qualifications. What lessons can potential nominees learn from these high-profile failures? Having previously served on the White House vetting team during the Obama administration, I can offer three important points, says Arun Rao, executive vice president of Investigative Group International.

  • 3rd Circ. Confirms Limits Of The Rooker-Feldman Doctrine

    Steven Wilamowsky

    The Third Circuit's recent decision in Philadelphia Entertainment & Development Partners limited the reach of the Rooker-Feldman doctrine as a defense to bankruptcy avoidance actions. The court’s reasoning, however, has implications that go beyond bankruptcy, say Steven Wilamowsky and Sara Ghadiri of Chapman and Cutler LLP.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Significant 2017 Decisions Affecting Private M&A: Part 2

    Edward Deibert

    In the second installment of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss lessons on fiduciary duties and director removal bylaws from the Delaware Chancery Court last year.

  • Significant 2017 Decisions Affecting Private M&A: Part 1

    Nicholas O’Keefe

    In the first article of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss two Delaware cases with lessons on drafting working capital adjustments and fraud carveouts.

  • Looking Back At The Life Settlements Industry In 2017

    Casey_Brian_Locke Lord LLP.jpg

    While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.

  • 3 Antitrust Cases Drug Companies Should Watch This Year

    Chad Peterman

    Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.

  • 2017 Health Care Enforcement Review: Materiality Under FCA

    Laurence Freedman

    As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • What It Means If States Can Set Medicaid Work Requirements

    Caroline Brown

    In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.

  • How Delaware Courts Approach Effort Commitments

    Henry Alderfer

    Recent cases from Delaware have provided insight into how courts analyze and interpret contractual commitments to use various levels of effort under Delaware law, says Henry Alderfer of Taft Stettinius & Hollister LLP.