Delaware

  • October 20, 2017

    $120M State AG Deal With GM Preludes More State Actions

    General Motors Co.'s $120 million settlement with attorneys general of 49 states and the District of Columbia ending allegations that the automaker hid a potentially fatal defect in its cars represents a trend that's likely to grow of state attorneys general banding together to pursue product liability claims against manufacturers.

  • October 20, 2017

    Trump Admin Fights Dem AGs' Bid To Restore ACA Subsidies

    The Trump administration on Friday urged a California federal judge not to quickly restore funding for Affordable Care Act subsidies that reduce copays and deductibles, arguing that a new lawsuit from Democratic attorneys general is procedurally improper.

  • October 20, 2017

    Investor Sues McKesson Over Opioid Oversight Fines

    A shareholder of pharmaceutical company McKesson Corp. filed a derivative suit in Delaware recently saying the company’s board failed in its oversight of opioid sales even after incurring millions in fines for previous compliance failures.

  • October 20, 2017

    Firms Vie For Top Plaintiff Spot In Del. Tangoe Deal Suit

    Two groups of law firms were vying for the lead plaintiff’s counsel spot Friday in the Delaware litigation connected to Tangoe Inc.’s $256 million buyout, with a three-firm group led by Heyman Enerio Gattuso & Hirzel LLP competing with Andrews & Springer LLC and Robbins Geller Rudman & Dowd LLP.

  • October 20, 2017

    Sonos Wants Wrong Patents In Audio IP Trial, Says Rival

    An upcoming trial over patents for wireless home audio systems will be impossibly unwieldy if it includes all three patents that home audio giant Sonos wants to include, rival Denon told a Delaware federal court on Friday, saying Sonos flouted explicit instructions from the judge.

  • October 20, 2017

    Fed. Circ. Affirms Verdict Clearing Google In $106M IP Case

    A Federal Circuit panel affirmed Friday a Delaware federal jury’s finding that a mapping patent Art+Com Innovationpool GmbH had accused Google Earth of infringing in a $106 million case was invalid as anticipated.

  • October 20, 2017

    Teva's Generic Bowel Drug Infringes Patent, Allergan Says

    Allergan USA and Forest Laboratories sued Teva Pharmaceuticals USA Inc. in Delaware federal court on Friday over intellectual property behind the gastrointestinal medicine Linzess.

  • October 20, 2017

    12 States Back Calif. Ban On Large-Capacity Magazines

    Twelve states and Washington, D.C., on Thursday urged the Ninth Circuit to back a California law that would prevent the ownership of large-capacity magazines, saying that they aren’t necessary for the type of self-defense covered by the Second Amendment.

  • October 20, 2017

    Dow Trade Secret Suit Can Be Heard In Delaware Court

    The Delaware Chancery Court can hear Dow Chemical's claims that Turkish paint company Organik stole its trade secrets by hiring its ex-employees, a judge ruled Thursday, finding that Organik's Delaware subsidiary gives the court jurisdiction. 

  • October 20, 2017

    Delaware Keeps Pace With Crush Of Patent Suits, For Now

    Five months after the U.S. Supreme Court’s TC Heartland decision narrowed where patent suits can be filed, the Delaware federal court is emerging as the top district for patent owners to launch infringement cases, but its allure will depend on whether cases keep moving and empty seats on its bench are filled.

  • October 20, 2017

    USDA Wants Say In Limitless Mobile's Ch. 11 Plan

    The U.S. Department of Agriculture asked a Delaware bankruptcy court Thursday to temporarily allow $34 million worth of claims in defunct Limitless Mobile LLC’s restructuring so that it can vote on a proposed Chapter 11 plan, saying an adversary proceeding challenging those claims “lacks merit.”

  • October 20, 2017

    Fed. Circ. Won't Rethink Lymphoma, Myeloma Drug IP Revival

    The Federal Circuit refused Thursday to reconsider a decision that a patent for a Millennium Pharmaceuticals Inc. drug effective against certain kinds of lymphoma and myeloma was wrongly deemed invalid as obvious in light of prior art, in the company's infringement litigation against a number of generic-drug makers.

  • October 19, 2017

    Romano's Macaroni Grill Can Tap $3M Of DIP Loan

    The owner of Romano’s Macaroni Grill won Delaware bankruptcy court approval Thursday to tap up to $3 million of a post-petition financing facility, kicking off what the casual restaurant chain hopes will be a quick case that swaps out second-lien debt for full equity in the company.

  • October 19, 2017

    Jumio Ch. 11 Trustee Seeks To Bar Investor Chancery Suit

    The liquidating trustee of defunct software developer Jumio Inc. told a Delaware bankruptcy judge Thursday that he should enjoin shareholder Bloso Investments Ltd. from pursuing a derivative action in the state’s Chancery Court over alleged misconduct by the company’s board that led to the bankruptcy filing in 2016.

  • October 19, 2017

    Bankrupt Footwear Co. Floats $21M DIP Funding Compromise

    Women’s footwear maker and marketer Aerogroup International Inc. and key lenders cobbled together a proposed $21 million interim financing blueprint in the company’s Delaware Chapter 11 late Thursday, heading off an end-of-week cash crunch and debtor-in-possession loan fight.

  • October 19, 2017

    TransPerfect Co-Founder Challenges 'Extreme' Doc Sealing

    Philip Shawe, the co-founder of legal translation firm TransPerfect who is fighting its court-ordered sale, pushed the Delaware Chancery Court on Thursday to unseal filings from the custodian running the sale process, arguing he is taking "extreme liberties" with the judge's previous permission to keep some information under wraps.

  • October 19, 2017

    Parker Hannifin Says Feds' Merger Challenge Came Too Late

    Parker Hannifin Corp. and Clarcor Inc. on Wednesday accused the federal government of dragging its feet to challenge their $4.3 billion tie-up, urging a Delaware federal court to block enforcers’ bid to partially unwind the now-completed transaction.

  • October 19, 2017

    3rd Circ. Ends Mary Kay Workers' Forced Merchandise Suit

    The Third Circuit on Thursday denied a former Mary Kay beauty consultant's effort to revive a proposed class action accusing the company of forcing her and other independent contractors to purchase company merchandise, finding she had failed to counter contract language directing disputes to Texas court.

  • October 19, 2017

    GM To Pay $120M To End States' Ignition-Switch Probes

    General Motors Co. on Thursday agreed to pay $120 million to settle investigations by attorneys general from 49 states and the District of Columbia into the company’s alleged concealment of a deadly defect in the ignition switches of its vehicles.

  • October 19, 2017

    Trump's Picks For DOJ Role, Chicago US Atty Head To Senate

    The Senate Judiciary Committee advanced President Donald Trump’s picks for a senior post at the U.S. Department of Justice, Chicago’s U.S. attorney and several trial judges Thursday, despite Democrats’ concerns about one judge’s defense of state voting maps in private practice.

Expert Analysis

  • Bylaw Response To ‘Placeholder Slate’ Tactic Is Unproven

    Richard Grossman

    In the past year, more than 50 publicly traded companies have amended their bylaws to address the potential for a so-called “placeholder slate” of directors nominated by activist shareholders. However, neither the bylaw amendments nor the placeholder-slate tactic has been tested in court, leaving their ultimate fate undetermined, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • A Magical Surprise Hidden In 3rd Circ. Rest Break Opinion

    Ashley Falls

    Last week, the Third Circuit delivered a win for employees with its decision in Secretary U.S. Department of Labor v. American Future Systems, which said the company's rest break policy violated the Fair Labor Standards Act. And, in a fun Friday-the-13th twist, the court managed to cite the "Harry Potter" books while authoring its opinion, says Ashley Falls of Falls Legal.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Addressing Pay Equity In The US And Around The World

    Cynthia Jackson

    Even though the U.S. Equal Pay Act is over 50 years old, the U.S. census released in September still finds that women make 80.5 cents to the dollar that men make. Cynthia Jackson and Sarah Beeby of Dentons review recent legislation addressing pay inequity in the U.S. and globally, and discuss recommendations for employers confronting these developments.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • On Second Thought: EFH Court's Extraordinary Move

    Steven Wilamowsky

    The Delaware bankruptcy court’s recent decision in Energy Future Holdings, granting a motion to reconsider a decision it made over a year ago and denying a breakup fee it had previously approved, is at once troubling and instructive, say Steven Wilamowsky and Sara Ghadiri of Chapman and Cutler LLP.

  • Navigating The Pitfalls Of Civil Investigative Demands

    Chris Browning

    In U.S. v. Dish Network, currently on appeal to the Tenth Circuit, the district court awarded statutory damages of $280 million in favor of the U.S. and the four plaintiff states. Buried among the thousands of pages of interlocutory orders issued by the district court is a warning that should be heeded by all parties that are the subjects of governmental investigations, say attorneys with Troutman Sanders LLP.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.