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Delaware

  • June 19, 2018

    Zohar Says Independent Director Indemnification Is Critical

    The Zohar Funds bolstered their case in support of a retention agreement for an independent director Tuesday, telling a Delaware court that the person selected to oversee monetization of the bankrupt distressed company investment vehicle's assets should be given protection from litigation in the form of indemnification.

  • June 19, 2018

    Del. Class Slams UnitedHealth's Appeal On Books Access

    Class attorneys accused UnitedHealth Group on Tuesday of “manufacturing” an appellate legal dispute and raising issues before the Delaware Supreme Court that were never argued in its failed Chancery Court challenge to a books and records demand targeting Medicare overbilling allegations.

  • June 19, 2018

    Doctor Can't Shake Convictions In Motorcycle Gang Drug Ring

    The Third Circuit on Tuesday refused to overturn a former Philadelphia doctor's convictions on charges of causing a patient's death and taking part in a drug trafficking conspiracy with members of a motorcycle gang in which he wrote bogus prescriptions in exchange for cash and sexual favors.

  • June 19, 2018

    Bertucci's Says Prepayment Fee Is Not Owed To DIP Lender

    Bankrupt pizza restaurant chain Bertucci’s objected Monday in Delaware to a request by the debtor’s post-petition lender for the payment of a $120,000 prepayment fee, arguing the payment isn’t appropriate because no money was borrowed under the lending facility.

  • June 19, 2018

    Bazaarvoice Investor Dismisses Challenge To $521M Merger

    A shareholder of product ratings platform provider Bazaarvoice Inc. voluntarily dismissed her suit challenging board disclosures related to the company’s $521 million take-private merger deal with Marlin Equity Partners, according to a filing in Delaware federal court Tuesday.

  • June 19, 2018

    Former Top Attys, State AGs Condemn Family Separations

    A flood of condemnation over the Trump administration’s new “zero tolerance” immigration policy that’s left nearly 2,000 children separated from their parents at the border poured in on Monday and Tuesday from former U.S. attorneys and state attorneys general who called for an end to the “cruel and illegal attack” on immigrant families.

  • June 19, 2018

    US Bank Faces New Count In Del. Student Loan Trust Suit

    U.S. Bank NA on Tuesday was targeted for a new, alternative breach of contract count in an amended, sweeping Chancery Court lawsuit seeking damages against service providers for securitized student loan trusts once worth $15 billion.

  • June 19, 2018

    3rd Circ. Backs Pa. School District Trans Bathroom Policy

    The Third Circuit has ruled in a precedential decision not to block a Pennsylvania school district's policy allowing transgender high school students to use restrooms and locker rooms that match their gender identity rather than their biological sex, a move experts say matches reasoning from similar cases in other courts.

  • June 19, 2018

    A Chat With Holland & Knight CFO Mia Stutzman

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Mia Stutzman, chief financial officer at Holland & Knight LLP.

  • June 18, 2018

    Chancery Sticks Enviro Cleanup Co. With Spinoff's $1.6M Bill

    An environmental cleanup firm that sold an affiliate for $58 million in 2015 can’t demand post-deal repayment of $1.6 million in non-covered insurance expenses because the sale contract never required it, Delaware’s Chancellor ruled early Monday.

  • June 18, 2018

    F-Squared Discovery Delayed In Del. Ch. 11 Trustee Suits

    Citing pivotal, unsettled questions of law, a Delaware bankruptcy judge on Monday postponed mediation and most discovery in a string of extended clawback actions filed by the liquidating trustee for F-Squared Investment Management LLC, pending resolution of dismissal motions.

  • June 18, 2018

    Hansen Medical Must Face Shareholder Suit Over Merger

    A suit alleging that controlling investors of Hansen Medical Inc. pushed through a squeeze-out merger and secured benefits for themselves at the expense of a putative class of minority holders survived a motion to dismiss Monday in Delaware Chancery Court.

  • June 18, 2018

    GCs Tackle Law Firm Culture In Diversity Push

    Following an American Bar Association pledge, in-house attorneys are taking a harder line in demanding diversity from their outside counsel, and they're seeking to play a larger role in the workings of the law firms they hire.

  • June 18, 2018

    The Hurdles Facing BigLaw’s Minority Women

    We asked BigLaw for data on female minority lawyers for the first time this year, and the results show an industry that is failing to attract and retain them. Here’s a look at the challenges facing these attorneys — and how a few firms are defying the norm.

  • June 18, 2018

    The Best Firms For Minority Equity Partners

    The legal industry is making sluggish gains when it comes to attracting and retaining attorneys of color, but this select group of firms is taking broader strides to diversify at the top.

  • June 18, 2018

    National Amusements Urges Stay In CBS Shareholder Suit

    National Amusements Inc. and its controller Shari Redstone pushed their case Monday for a stay of litigation in a lawsuit brought by shareholders of CBS Corp. in the Delaware Chancery Court in favor of a parallel proceeding that will resolve issues over a special stock dividend approved by the CBS board aimed at diluting her control.

  • June 18, 2018

    Rockport DIP Financing Is Approved, But Allocation Is Punted

    The post-petition financing package for bankrupt shoemaker The Rockport Co. LLC received final approval Monday from a Delaware judge, but she punted on the part of the package that determined how the company’s secured debt would be allocated to various debtor entities.

  • June 18, 2018

    Sprint's VoP Patent Suits Lack Specifics, Court Told

    Leading cable television operators and telecommunication providers have pushed back against a trio of patent lawsuits filed by Sprint over Voice-over-Packet technology that facilitates phone calls, telling a Delaware federal judge the company is lumping them all together instead of explaining to each what they allegedly did.

  • June 18, 2018

    Special Immigrant Juveniles Get Due Process, 3rd Circ. Rules

    The Third Circuit found in a precedential opinion that a provision in the Immigration and Nationality Act that strips the federal courts from reviewing removal orders is unconstitutional as it applies to those with certain immigrant statuses, and that a proposed class of immigrant children are entitled to injunctive relief — despite the expedited removal orders out against them.

  • June 18, 2018

    In Their Own Words: Minority Partners On Reaching The Top

    Despite decades of industrywide initiatives, movement up the ladder has stagnated for minority lawyers. Here, five industry success stories tell Law360 about the paths they took and what needs to change in BigLaw.

Expert Analysis

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.

  • Insights From State AG Coordinated Opioid Investigation

    Richard Lawson

    Much ink has been and will be spilled over the merits and complexities of the lawsuits brought against opioid manufacturers by 23 state attorneys general. However, for any company engaged in a consumer-facing industry, the progress of the recent multistate investigation offers lessons on what to expect when subject to this type of inquiry, says Richard Lawson of Manatt Phelps & Phillips LLP.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Excess D&O In Del.: A Safe Forum For Exhaustion Disputes

    Daniel Wolf

    Excess directors and officers insurers have become increasingly aggressive in denying coverage based on a line of cases holding that exhaustion language found in many excess D&O policies requires full payment from underlying insurers. Policyholders incorporated in Delaware can alleviate this risk by litigating the issue in Delaware courts, says Daniel Wolf of Gilbert LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 2

    Robert Sparkes

    The majority of circuit courts that have addressed the issue have made clear that district courts should not consider inadmissible evidence when evaluating motions for class certification. In the final part of this series, Robert Sparkes of K&L Gates LLP​​​​​​​ presents a critique of the minority viewpoint as recently adopted by the Ninth Circuit in Sali v. Corona Regional Medical Center.

  • Curious Case Of The Class Cert. Evidentiary Standard: Part 1

    Robert Sparkes

    Can courts consider only admissible evidence at the class certification stage, or are motions for class certification governed by looser evidentiary standards? Robert Sparkes of K&L Gates LLP​​​​​​​ discusses the divergent decisions from the U.S. circuit courts of appeals addressing this issue, both in the context of expert and nonexpert evidence.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.