Delaware's chancellor fast-tracked arguments Monday on a motion to compel a meeting of information technology company Avande Inc. stockholders after allegations that the company's investor-CEO improperly allowed a vendor access to Avande's intellectual property.
A medical technology startup filed suit in Delaware Chancery Court Monday demanding the return of a stock award from a candidate slated to become its CEO who declined the job to take a position with another company.
Bankrupt GST AutoLeather Inc.’s bid to sell its assets to its senior lenders in a deal valued at $172 million failed to get off the ground Monday after volatile infighting between secured and unsecured creditors flared up, leaving the proposed sale caught in the crossfire.
An India-based technology company accused in a $5 million lawsuit of misrepresenting its ability to design and develop a cellphone application incorporating technology meant to keep a driver’s eyes on the road asked a Delaware federal court on Friday to send the dispute to arbitration.
Trump International Hotels Management LLC has removed to Delaware federal court a suit by Panama law firm Morgan & Morgan PA accusing the hotel management company and an affiliate of improperly responding to arbitration over a “mismanaged” Panamanian hotel by dragging the firm into the fight on “absurd” claims.
Philadelphia Energy Solutions LLC, the Northeast’s largest remaining refinery complex, sought Chapter 11 protection in Delaware early Monday, filing a prepackaged plan to restructure more than $1 billion in debt and equity in just one month, including about $739 million in loans or related obligations.
Delaware on Friday sued a slew of opioid makers, distributors and pharmacies, seeking to hold them to account for their roles in creating an opioid addiction crisis that was declared a nationwide public health emergency in October.
A group of funds advised by Water Island Capital LLC launched a petition in Delaware Chancery Court late Thursday to appraise its stock in network technology company Gigamon Inc. now that its $1.6 billion acquisition by Elliott Management Corp. and the Qatari government's investment arm has closed.
An affiliate of global petrochemical giant Indorama Ventures on Friday won Delaware bankruptcy court approval to serve as stalking horse bidder for M&G Polymers LLC’s West Virginia plastics plant, with a $10 million offer that also covers the company’s Ohio research site.
The Third Circuit ruled in a precedential decision Friday that a whistleblower suit alleging Medco Health Solutions Inc. flouted the False Claims Act by engaging in a kickback scheme could not proceed without establishing a link between the scheme and the Medicare and Medicaid patients whose claims the government reimbursed.
Fiat Chrysler asked a Delaware federal court Thursday to toss a proposed class action alleging that a defect in certain Chrysler and Dodge vehicles caused their tires to corrode or deflate, arguing the suit's consumer fraud and warranty claims are time-barred and others have no factual basis.
Facing securities charges in Florida in an alleged $1.2 billion Ponzi scheme and under pressure to accept trustee oversight in Delaware, bankrupt Woodbridge Group of Companies reported the resignation of its original independent manager and planned departure of its chief restructuring officer on Friday.
A Roman Catholic order of nuns on Friday urged the Third Circuit to undo a district court’s ruling that the Federal Energy Regulatory Commission, not the courts, must hear its pipeline challenge, arguing that the agency isn’t a competent tribunal with respect to the religious freedom law controlling its claim.
Quebec-based home improvement products maker RCR International Inc. filed a Chapter 15 petition late Thursday in Delaware seeking to protect its U.S. assets from creditors and ensure performance on key contracts while it tries for a potential sale under Canadian court supervision.
Cornell University must arbitrate its claim that Life Technologies Corp. tricked it into settling a suit accusing a third company of infringing their DNA and RNA sequencing patents, a Delaware federal magistrate judge said Friday.
Deutsche Bank has asked Delaware’s Chancery Court to block a $50 million transfer by an entity controlled by Alexander Vik, the Norwegian billionaire the bank has been pursuing for nearly a decade over an unpaid $323 million judgment.
The Third Circuit on Thursday affirmed Weyerhaeuser's loss in a suit over who had to pay some $9 million in workers' comp costs for retired workers after the $3.3 billion sale of a business unit to Domtar Corp., saying Weyerhaeuser spent years acting like it was the one responsible, and that was enough to make it the one responsible.
Attorneys for shareholders who sued Citigroup Inc. directors over alleged years of mismanagement and fraud at the company told the Delaware Chancery Court late Wednesday that new evidence warrants reopening the recently dismissed case, while they separately fired up an appeal.
The Woodbridge Group of Cos. LLC told a Delaware judge Thursday that it had made changes to its corporate governance structure to address concerns raised by the officials committee of unsecured creditors in its Chapter 11 case.
Bankrupt air bag maker Takata wants a Delaware bankruptcy court to ratify settlements with seven former executives who currently receive company health benefits but, with court approval, would get cash in exchange for the termination of those benefits.
In December, three of the Trump administration’s judicial nominees were forced to withdraw after serious bipartisan concerns arose about their qualifications. What lessons can potential nominees learn from these high-profile failures? Having previously served on the White House vetting team during the Obama administration, I can offer three important points, says Arun Rao, executive vice president of Investigative Group International.
The Third Circuit's recent decision in Philadelphia Entertainment & Development Partners limited the reach of the Rooker-Feldman doctrine as a defense to bankruptcy avoidance actions. The court’s reasoning, however, has implications that go beyond bankruptcy, say Steven Wilamowsky and Sara Ghadiri of Chapman and Cutler LLP.
While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.
In the second installment of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss lessons on fiduciary duties and director removal bylaws from the Delaware Chancery Court last year.
In the first article of this three-part series, attorneys with Arnold & Porter Kaye Scholer LLP discuss two Delaware cases with lessons on drafting working capital adjustments and fraud carveouts.
While 2017 was a relatively quiet year on the regulatory front for life settlements, Delaware and Florida adopted major legislative reforms that will affect the industry. Adjustments to the federal income tax code at the end of the year also brought some important changes, say Brian Casey and Thomas Sherman of Locke Lord LLP.
Pending cases involving biosimilar competition, the Noerr-Pennington doctrine and claims brought by state attorneys general highlight the need for pharmaceutical companies to assess the antitrust implications of their strategies, say Chad Peterman and Carl Minniti of Paul Hastings LLP.
As expected, the U.S. Supreme Court's Escobar decision triggered a spate of litigation over how to apply the materiality standard in False Claims Act cases. Throughout 2017, the lower courts built upon the standard, but we expect courts to continue to grapple with the issue through 2018, say Laurence Freedman and Jordan Cohen of Mintz Levin Cohn Ferris Glovsky and Popeo PC.
In a long-anticipated move, the Centers for Medicare & Medicaid Services recently announced that it will allow states to implement Medicaid work requirements, representing a major shift in the agency's policy. However, the move will only impact a small percentage of the Medicaid population, say Caroline Brown and Philip Peisch of Covington & Burling LLP.
Recent cases from Delaware have provided insight into how courts analyze and interpret contractual commitments to use various levels of effort under Delaware law, says Henry Alderfer of Taft Stettinius & Hollister LLP.