Delaware

  • May 22, 2017

    Maxus Ch. 11 Plan Confirmed With Support From Creditors

    Bankrupt oil and gas firm Maxus Energy Corp. received court approval Monday in Delaware for its Chapter 11 plan of liquidation after reaching consensus with its creditors to create three post-bankruptcy trusts to administer its assets.

  • May 22, 2017

    The EDTX Exodus: How TC Heartland Narrowed IP Venues

    In a decision predicted to have wide reverberations in the world of patent litigation, the U.S. Supreme Court voted unanimously on Monday to return to a stricter standard for patent venue selection, effectively blocking most future patent cases from the ever-popular Eastern District of Texas.

  • May 22, 2017

    Facebook Eyes Settlement Of Virtual Cash Antitrust Suit

    Facebook Inc. and Social Ranger LLC have tentatively reached a settlement in a suit alleging the social media giant used anti-competitive practices to dominate the virtual currency services market in social gaming, and a Delaware federal judge on Friday paused the case so the companies could finalize a deal.

  • May 22, 2017

    Pa. Tells 3rd Circ. It Properly Permitted Pipeline Project

    Pennsylvania environmental regulators on Friday defended their decision to issue a water quality permit for a Kinder Morgan unit's Pennsylvania pipeline project, while an opposing environmental group said the U.S. Army Corps of Engineers can't support its decision approving the project in concurrent appeals before the Third Circuit.

  • May 22, 2017

    High Court Limits Where Patent Suits Can Be Filed

    The U.S. Supreme Court on Monday put tighter restrictions on where patent owners can file infringement lawsuits, a decision that upends nearly 30 years of established practice and will likely force many lawsuits out of the patent litigation hotbed of the Eastern District of Texas.

  • May 19, 2017

    Standard Register Settles $10M Dispute With Liberty Mutual

    The bankruptcy trust of Standard Register Co. has settled a $10 million dispute over workers' comp insurance with Liberty Mutual Insurance Co., according to a motion filed Thursday in Delaware bankruptcy court.

  • May 19, 2017

    EFH Creditor Loses Doc Fight In Push For Ch. 11 Option

    Sweeping document requests from a hedge fund group pressing for an alternative Chapter 11 solution to twice-confounded Energy Future Holdings Corp. were blocked Friday, with a Delaware bankruptcy judge saying the burden outweighed a likely scant return.

  • May 19, 2017

    3rd Circ. Won't Boot Judge Off Bankruptcy Misconduct Appeal

    The Third Circuit on Friday shut down a former Syntax-Brillian Corp. shareholder’s bid to force a Delaware federal judge off appeal proceedings over alleged misconduct by Greenberg Traurig LLP during its representation of bankrupt Syntax, finding the investor’s “impugning” of the court was meritless.

  • May 19, 2017

    Marsh Supermarkets Proposes Exec Bonus Plan

    Bankrupt Marsh Supermarkets Holding LLC asked the Delaware bankruptcy court Thursday to approve an up to $1.175 million key employee incentive plan, saying the employees are necessary for the company to get the best price for its assets.

  • May 19, 2017

    Stillwater Investors Seek Chancery Appraisal Of $2.2B Deal

    Investors in Colorado-based Stillwater Mining Co. petitioned the Delaware Chancery Court on Friday to appraise the value of its shares now that Sibanye Gold Ltd.'s $2.2 billion acquisition of the company closed earlier this month.

  • May 19, 2017

    Del. Plaintiffs Attys Fear Exodus Of Chancery Deal Suits

    Two of the most talked-about recent major Delaware corporate law rulings have already chased a number of shareholder merger claims out of the First State’s courts, and some on the plaintiffs bar worry that the legal landscape is leading to a place where such litigation is snuffed out altogether.

  • May 19, 2017

    3rd Circ. Questions Early End To Lipitor Pay-For-Delay Suit

    A Third Circuit panel repeatedly questioned whether a lower court judge acted prematurely when he ended a lawsuit accusing Pfizer and Ranbaxy of engaging in a pay-for-delay scheme over the cholesterol drug Lipitor, suggesting the case should not have been decided before the introduction of any evidence.

  • May 19, 2017

    Suniva Gets New $5.2M Blended DIP After Conflict Claims

    A Suniva Inc. bankruptcy compromise on Friday headed off a potentially bruising Delaware court fight over alleged ulterior motives and conflicts of interest claims regarding a debtor-in-possession loan deal that is needed to see the solar panel maker through a U.S. International Trade Commission tariff petition.

  • May 19, 2017

    Offshore Marine Biz Gets OK For Rapid Ch. 11 Timing

    Offshore marine services company Tidewater Inc. received court approval Friday in Delaware to move swiftly through the Chapter 11 process to get to a confirmation hearing on the debtor's prepackaged plan of reorganization by the end of June.

  • May 19, 2017

    Split 3rd Circ. Won't Send Nurses' Wage Suit To Arbitration

    A split Third Circuit panel declined Thursday to send a wage-and-hour collective action brought by nurses at a New Jersey assisted living home to arbitration, saying their claims are rooted in fact disputes and not a collective bargaining agreement.

  • May 19, 2017

    SBA, As Receiver, Not 'Gov't' In FCA Case, 3rd Circ. Says

    The Third Circuit has refused to revive a former executive's reverse False Claims Act suit against a software company for allegedly avoiding its obligation to pay accrued dividends to a shareholder being run by the U.S. Small Business Administration, saying the agency was acting as a receiver and not a governmental actor.

  • May 19, 2017

    Ciber Nearly Doubles Asset Price To $93M After Auction

    Bankrupt information technology services firm Ciber Inc. received court approval Friday in Delaware for a $93 million sale of its assets following a successful Chapter 11 auction held earlier this week.

  • May 19, 2017

    Del. Can’t Appeal Restaurant Co. Dismissal In Gift Card Case

    Delaware’s request to appeal the dismissal of Ruth’s Hospitality Group from a state court suit over unclaimed gift card balances was shot down Thursday, with the court ruling that while the issue does touch on fairly novel areas of law, it’s too soon for the state’s Supreme Court to weigh in.

  • May 18, 2017

    RJR Stay Denied In Del. Dispute Over Florida Tobacco Levy

    R.J. Reynolds Tobacco Co. lost a bid Thursday in Delaware Chancery Court for a hold order on a suit in which ITG Brands LLC is contesting its role and liability in a state-of-Florida action demanding $30 million a year in tobacco settlement payments.

  • May 18, 2017

    $395,000 Atty Fee Upheld In Paylocity Fee-Shift Battle

    A dispute over attorneys' fees took a testy turn Thursday in payroll software company Paylocity Holding Corp.’s continued defense of an overturned corporate bylaw that would shift legal expenses to stockholders if they lodge a corporate claim in a court outside Delaware.

Expert Analysis

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • The Efficiencies Defense: What Would High Court Do?

    Joe Miller

    In addition to signaling the end of one of the most watched antitrust litigations in recent memory, Anthem's decision to call off its proposed acquisition of Cigna — effectively mooting its appeal to the U.S. Supreme Court — leaves unanswered several important questions regarding the appropriate treatment of efficiencies in a merger challenge, say attorneys with Crowell & Moring LLP.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.

  • Workplace Marijuana Accommodations: The Road Ahead

    Ruth Rauls

    As the number of states legalizing marijuana use continues to grow, the federal government maintains — and indeed perhaps may soon begin to strengthen — its stance of illegality. Therefore, employers will continue to face more issues and uncertainties, say Ruth Rauls and Jason Ross of Saul Ewing LLP.

  • Questions About Bankruptcy Court Authority Continue

    Benjamin Feder

    A Delaware federal judge's recent opinion in Millennium Lab Holdings demonstrates the extent to which the constitutional questions raised by the U.S. Supreme Court six years ago in Stern v. Marshall continue to cast a shadow over the adjudication of bankruptcy cases, says Benjamin Feder of Kelley Drye & Warren LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Series

    Revisiting Affiliated Ute: Will It Supersize Leidos?

    James Goldfarb

    The rebuttable presumption of reliance adopted by the U.S. Supreme Court 45 years ago in Affiliated Ute threatens to supersize the expanded basis for omission liability signaled by Leidos v. Indiana Public Retirement System, which the court will review next term, say attorneys with Murphy & McGonigle PC.

  • Series

    Revisiting Affiliated Ute: High Court Needs A Reboot

    Gary Aguirre

    The U.S. Supreme Court has reduced the giant oak that is Rule 10b-5 to a stump with one withered branch — the narrow scope of liability under Rule 10b-5(b). The court must retrace its steps back to Affiliated Ute, which recently turned 45 and was the court's last decision before it adopted the false star Blue Chip Stamps, says Gary Aguirre, a former staff attorney at the U.S. Securities and Exchange Commission.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Nonsolicitation Agreements In The Social Media Age

    James Patton Jr.

    As social media continues to expand, the legal issues that inevitably follow growth have begun to arise, and courts have found themselves struggling to adapt. One new challenge facing employers, employees and courts is the effect of social media on the traditional nonsolicitation agreement, say James Patton Jr. and Tae Phillips of Ogletree Deakins Nash Smoak & Stewart PC.