Delaware

  • March 29, 2017

    GenVec Shareholders Sue Over Intrexon Merger

    Gene therapy research company GenVec Inc. was hit by a putative class action Tuesday in Delaware federal court by shareholders who say the company’s imminent acquisition by Intrexon Corp. gives them a raw deal and that the merger registration statement is inaccurate.

  • March 29, 2017

    Trinity Investor Sues Board Over Guardrail FCA Judgment

    A Trinity Industries Inc. investor launched a derivative lawsuit in the Delaware Chancery Court, unsealed Wednesday, holding company leadership responsible for allegedly dangerous guardrails that prompted a more than $600 million judgment from a whistleblower suit as well as federal regulatory scrutiny.

  • March 29, 2017

    Solar Firm Sungevity Ch. 11 Bid Rules Modified In Del.

    A Delaware bankruptcy judge reworked orders for rooftop solar company Sungevity Inc.’s $50-million-minimum Chapter 11 sale Wednesday, saying from the bench that the changes would help prevent a debtor insolvency and improve prospects for competing bids in a fast-moving stalking horse sale.

  • March 29, 2017

    Duke Energy Investors Take Coal Ash Suit To Del. High Court

    A group of Duke Energy Corp. stockholders Tuesday asked the Delaware Supreme Court to revive their claims against the company’s board of directors, saying the evidence shows the board cost the company $102 million by deliberately flouting environmental laws.

  • March 29, 2017

    Patient Flow Still Matters In Hospital Tie-Ups, FTC Official Says

    Although two federal circuit courts have recently discounted evidence of patient flows in hospital merger challenges by the Federal Trade Commission, the information is still relevant in an assessment of whether a combination of hospital systems is anti-competitive, an FTC official said Wednesday.

  • March 29, 2017

    3rd Circ. Says Pa. Conviction Met High Court Bribery Test

    The Third Circuit issued a published ruling Tuesday finding that recommendations from the head of a Pennsylvania city’s redevelopment authority to award work to contractors he’d received expensive favors from constituted “official acts” in satisfaction of new U.S. Supreme Court precedent limiting the scope of federal bribery law.

  • March 29, 2017

    Widow Jane Slams Buyer For 'Smoke & Mirrors' Sales Process

    Chocolatier Daniel Preston and his company Cacao Prieto denied allegations in Delaware Chancery Court that they're refusing to close the sale of the Widow Jane bourbon whiskey brand in favor of a higher bidder, contending instead the buyers’ promises to maintain their unique approach to specialized crafts were just “smoke and mirrors.”

  • March 28, 2017

    Novartis Gets Partial Win In Transplant-Drug Patent Dispute

    Swiss pharmaceutical giant Novartis scored a partial victory Tuesday when a Delaware federal judge said three drugmakers induced infringement of its patents when they filed abbreviated new drug applications for a generic version of Zortress, a medication used to treat organ transplant recipients.

  • March 28, 2017

    3rd Circ. Won't Send Birth Control Mass Tort To State Court

    A Third Circuit panel told a group of 113 birth control users Tuesday that their product liability suit against Endo Pharmaceuticals and other manufacturers over faulty packaging belongs in federal court, finding in a precedential ruling they failed to explicitly say they did not want to try their claims jointly under the Class Action Fairness Act.

  • March 28, 2017

    Clovis Investor Sues In Chancery Over Cancer Drug Trials

    An investor in Clovis Oncology Inc. has launched a derivative lawsuit in the Delaware Chancery Court accusing the company board of breaches connected to the clinical trials of the firm's showcase cancer drug and of misleading investors about the medication. 

  • March 28, 2017

    Sungevity Creditors Say Ch. 11 Auction Plan Chills Bidding

    Unsecured creditors of Sungevity Inc. objected Tuesday in Delaware to the rooftop solar company’s planned auction and bid procedures, saying the timeline is too short to allow entities other than a stalking horse venture to make offers.

  • March 28, 2017

    Regency Seeks 2nd Toss Of $11.2B Merger Challenge

    A unitholder challenge to the $11.2 billion merger of Regency Energy Partners LP and Energy Transfer Partners LP — remanded to Chancery Court after a dismissal appeal — has failed to show the deal breached duties to Regency's best interests and should again be tossed, company attorneys said late Monday.

  • March 28, 2017

    Bayer Sues Apotex Over Cancer Treatment Patent

    Bayer Healthcare LLC hit generics manufacturer Apotex Corp. with a patent suit in Delaware federal court Tuesday for seeking U.S. Food and Drug Administration permission to make a generic version of the pharmaceutical giant’s Stivarga cancer treatment.

  • March 28, 2017

    Eastern Outfitters Gets Nod For Private Sale Procedures

    Planned procedures for a private sale of assets by bankrupt sporting goods retailer Eastern Outfitters LLC received the go-ahead Tuesday in Delaware, with a transaction with United Kingdom-based SportsDirect.com anticipated next month.

  • March 28, 2017

    EFH Professional Fees Reach $450M, With More To Come

    Professional fees and expenses in the Energy Future Holdings Corp. bankruptcy have grown to roughly $450 million, the committee overseeing costs in the Chapter 11 that restricted some $42 billion in debt told the Delaware bankruptcy court Tuesday, a figure that is expected to rise before a final reckoning.

  • March 28, 2017

    Zohar Fund Seeks Del. Sanctions Over Tilton Proxy Claims

    A bitter, multijurisdiction struggle between Lynn Tilton of Patriarch Partners LLC and its so-called Zohar funds is shifting to Delaware in the coming weeks, as one fund seeks Chancery Court sanctions based on Tilton's allegedly bogus assertions of control over three companies the fund claims.

  • March 28, 2017

    Fosamax Ruling Aids Wellbutrin Case, 3rd Circ. Told

    Wellbutrin buyers continued to urge the Third Circuit Monday to overturn a decision nixing their pay-for-delay suit against GlaxoSmithKline PLC over its popular antidepressant drugs, saying the appeals court’s recent precedential ruling in a product liability case over the drug Fosamax further supports their arguments.

  • March 28, 2017

    Aerospace Holdings Opens Ch. 11 With $98M Debt, Sale Plan

    A company that hoped to build a new, multidimensional aerospace component business by assembling a fleet of machine and parts companies landed in Chapter 11 in Delaware early Tuesday with $98 million in debt and plans to sell its assets to its competitor and bankruptcy lender.

  • March 27, 2017

    High Court Hesitant To Upend Decades-Old Patent Venue Rule

    Some U.S. Supreme Court justices on Monday appeared to question the Federal Circuit’s broad rule governing where patent lawsuits can be filed, though the court struggled with the idea of upending almost 30 years of patent venue practice.

  • March 27, 2017

    RadioShack Unsecured Creditors Balk At Lender Cash Terms

    The newly minted unsecured creditors committee in the bankruptcy case for RadioShack's parent took issue Monday with several elements of the case, such as terms for the use of lender cash and a lack of clarity on the process for liquidating stores, as well as how many are set to close.

Expert Analysis

  • The Issues Justices Are Focusing On In TC Heartland

    S. Gregory Herrman

    In a surprise to those expecting a unanimous reversal in TC Heartland, the U.S. Supreme Court justices asked tough questions to both sides on Monday, some even seeming to lean at least slightly toward affirming the Federal Circuit’s broad interpretation of patent venue. Only Justice John Roberts appeared to be leaning significantly in favor of a reversal, says Gregory Herrman of Blank Rome LLP.

  • Balancing Activist Concessions With Shareholder Sentiment

    Arthur H. Kohn

    CSX Corp.’s settlement earlier this month with newcomer activist hedge fund Mantle Ridge fit into the increasingly common mold of quick and significant concessions to less-than-5 percent holders, but it also included some novel characteristics indicative of the target company’s concerns about responsiveness to its broader shareholder base, say attorneys with Gottlieb Steen & Hamilton LLP and Young Conaway Stargatt & Taylor LLP.

  • Potential Class Cert. Pitfalls Lurking In Local Rules

    Stephen R. Smerek

    Is there a deadline to move for class certification? When is the deadline? Should the parties stipulate to an extension? And, if they do, will the court grant it? Every practitioner must carefully evaluate these questions at the outset of any putative class action to develop a cohesive strategy for addressing certification issues and avoid potential risks hidden in local rules, say Stephen Smerek and Shawn Obi of Winston & Strawn LLP.

  • 5 Things To Expect If High Court Reverses TC Heartland

    Jenny Colgate

    If the U.S. Supreme Court reverses the Federal Circuit in the TC Heartland patent venue case, it will present a dramatic change for practitioners who were not litigating patent cases before 1988, say Jenny Colgate and Nechama Potasnick of Rothwell Figg Ernst & Manbeck PC.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • Why Tribes Should Be Careful With Bankruptcy Practices

    Lynne B. Xerras

    In Casino Caribbean v. Money Centers last month, the U.S. Bankruptcy Court for the District of Delaware ruled that tribal sovereign immunity is not abrogated by Section 106 of the Bankruptcy Code. This decision makes it clear that many bankruptcy courts do not consider Native American tribes to be "governmental units," say attorneys with Holland & Knight LLP.

  • Trump's Skinny EPA Budget Could Have Far-Reaching Impacts

    Jim W. Rubin

    A review of President Donald Trump's recent budget proposal suggests that none of his goals for the U.S. Environmental Protection Agency would be well-served. In fact, the EPA, states, tribes and other federal agencies would all face serious issues in protecting human health and the environment, says Jim Rubin of Dorsey & Whitney LLP.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • 10 Tips For Better Legal Negotiations

    Marc J. Siegel

    Like everything else, the art of negotiation starts by having a conversation. It’s about being respectful, finding common ground, knowing what you want and, most importantly, listening. A conversation between two lawyers can be complicated at best, but by employing a few techniques and tactics, it doesn’t have to be that way, says Marc Siegel of Siegel & Dolan Ltd.

  • Monthly Column

    Gray Matters: Decision Error

    Gray Matters

    Lawyers make hundreds of decisions during the course of advising a client, consummating a transaction or litigating a case. In this new column, dispute resolution experts Bob Creo and Selina Shultz explore the theory, science and practical aspects of how decisions are made in the legal community.