A Delaware Chancery judge on Friday sided with directors of furniture company Design Within Reach Inc. and its hedge fund backers at Glenhill Capital Management LP, and rejected investor claims that a roughly $170 million merger with Herman Miller Inc. should be voided because of a quickly fixed mistake.
Five states challenging Trump administration rules exempting employers from providing health care coverage for birth control due to moral or religious objections said the Ninth Circuit could uphold a nationwide injunction on the policy, arguing a recent ruling ending a national bar on the president's sanctuary city policy didn't mean all broad injunctions must be scrapped.
Claire’s Stores Inc. retained exclusive control of the fashion accessories retailer's Chapter 11 on Friday, overcoming a move by creditor Oaktree Capital Management to loosen the debtor’s hand and improve prospects for a competing $1.5 billion Oaktree bid for the company.
The Third Circuit appellate bar is trying to reverse a troubling decline in oral arguments before its panels, which its Chief Judge D. Brooks Smith in an exclusive interview with Law360 says could have been brought on by a "stunning" increase in pro se filings he traces to the Great Recession of the late aughts.
A coalition of 15 states, the District of Columbia and others threatened to sue the Environmental Protection Agency over a proposed rule requiring disclosure of the scientific study data behind regulations, saying Friday the coalition will go to court if the agency proceeds with “this misguided effort.”
Crystallex International Corp. pressed a Delaware judge on Thursday to immediately issue an order allowing it to seize shares in Citgo Petroleum Corp. to enforce its $1.2 billion award against Venezuela, while the country's state-owned oil company angled for a pause during its pending appeal.
A creditor asserting secured claims against affiliates of The Weinstein Co. filed a motion late Thursday asking a Delaware bankruptcy court judge to lift the automatic stay of litigation in the Chapter 11 cases of the company to allow the creditor’s suit against Harvey Weinstein over a $46 million loan to move forward in New York state court.
An apartment complex management firm won’t be restrained from making statements about alleged fraud by the co-owners of several complexes after a Delaware Chancery Court judge ruled Thursday that such an injunction would curtail the manager’s free speech rights without trial.
A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.
No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.
Expressing deep frustration with calls for continued Chancery Court intervention in a multiyear lender and borrower dispute, a Delaware vice chancellor on Thursday told both sides to look to their contract in sorting out a potential $167 million loan default finding.
Attorneys for a proposed class of investors in U.S. Geothermal Inc. asked Delaware Chancery Court to keep alive their challenge to the company's recent $110 million merger with Ormat Technologies Inc., alleging that self-interested moves by a large shareholder and director made for an unfair process.
The Third Circuit on Thursday refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments, finding the companies did not knowingly violate any laws.
Bankrupt Applebee's restaurant franchisee RMH Franchise Holdings Inc. on Thursday told a Delaware bankruptcy court that it had struck a deal for continued access to its lender's cash, saying it will begin formulating bidding and sale procedures as well as a potential Chapter 11 reorganization plan.
Liberation Behavioral Health LLC, which operates three substance abuse centers in Pennsylvania, has filed a lawsuit asking for damages in Delaware Chancery Court claiming shareholders failed to disclose compliance issues that resulted in the loss of millions since the company’s sale last year.
The Trump administration urged the Second Circuit on Wednesday to toss challenges by immigrants and an advocacy group to its decision to rescind the Deferred Action for Childhood Arrivals program, arguing that a recent Department of Homeland Security memorandum shows the decision was well thought out and not rash.
In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.
ExamWorks Group Inc. has asked the Delaware Chancery Court to sanction investors seeking an appraisal of their stock connected to the company’s $2.2 billion go-private sale, claiming they should not be paid statutory interest because of a delay caused by their withholding of “highly damaging” documents.
A bankruptcy court finding that Bear Stearns & Co. Inc. acted in good faith when it repurchased securities from former debtor HomeBanc Mortgage Corp. in 2007 was upheld Tuesday when a Delaware federal judge said the lower court did not misapply the law or make errors of fact.
The Third Circuit refused Wednesday to disturb a victory for investment advisers in beating a proposed class action over mutual fund management fees, saying a district court properly found that the shareholders behind the suit failed to show the fees were excessive for the services provided.
In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.
Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.
Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.
Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.
It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.
Following the U.S. Supreme Court's TC Heartland decision last year, district courts typically permit venue-related discovery when plaintiffs provide prima facie evidence at the outset that the discovery sought could establish proper venue, says Silvia Jordan of Fisch Sigler LLP.
The Delaware Court of Chancery's recent opinion in Olenik v. Lodzinski held that the parties to an acquisition had followed the road map for controller transactions to receive business judgment review under Kahn v. M&F Worldwide Corp. In so holding, the court provided helpful reminders about how best to achieve such protection, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.
Relying in part on the definition of “doing business" in the 100-year-old Funk & Wagnalls dictionary, the Maryland Court of Appeals recently ruled on the licensing of Delaware statutory trusts and foreclosure proceedings on delinquent residential mortgage loans. The decision should end the confusion surrounding the ability of a state trust to foreclose in Maryland, say attorneys with Mayer Brown LLP.
Justice Ruth Bader Ginsburg is everything she is cracked up to be — feminist icon, brilliant jurist, fierce dissenter. She is also an incredible boss, mentor and friend. Her advice has shaped how I have tried to balance building a career and raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.