Delaware

  • December 02, 2022

    Pakistan Pay Startup Investor Sues In Del. To Remove Director

    A director of a digital payment startup in Pakistan that raised millions when it launched but was recently suspended by the country's banking regulator sued another of its directors in Delaware's Court of Chancery on Friday, seeking to remove him from the board due to alleged "fraudulent actions" that led to the company's downfall.

  • December 02, 2022

    Dodge Calls 2nd Try At Suit Over 'Unfit' Muscle Cars Too Weak

    Fiat Chrysler on Friday blasted a second attempt at a lawsuit from owners of two Dodge "muscle cars" who sought class damages for allegedly faulty rear differentials, saying their amended complaint did not fix the problems that led to the original complaint being dismissed on Sept. 6.

  • December 02, 2022

    TransUnion Faces Del. Investor Suit For CFPB Order Failures

    A stockholder of credit reporting agency TransUnion has opened a Delaware Court of Chancery derivative suit against the company's board and top officers, seeking damages on the company's behalf for failures to comply with a Consumer Financial Protection Bureau order issued in 2017.

  • December 02, 2022

    Patent Biz Continues Fight Over Del. Judge's Funding Probe

    A patent owner has doubled down on its fight against a Delaware federal judge's probe into records about who's funding patent litigation against several media companies, telling the Federal Circuit it never did anything legally wrong.

  • December 02, 2022

    3rd Circ. Nixes Honduran's Asylum Bid Appeal

    In a precedential opinion, the Third Circuit on Friday effectively ended an asylum bid from a Honduran national who twice fled his native country to escape violence by regional gangs and was twice charged with crimes related to domestic disputes in the United States.

  • December 02, 2022

    SPAC Sues Monex, TradeStation In Del. After $1.43B Deal Dies

    A special-purpose acquisition company that was supposed to take TradeStation Group Inc. public in a $1.43 billion deal earlier this year has instead sued the Florida-based financial trading platform and its Tokyo-based parent Monex Group Inc. in Delaware's Court of Chancery.

  • December 02, 2022

    Interest Rates Doom Lender, Crypto Winter Persists

    Rising interest rates forced a reverse mortgage lender into Chapter 11, cryptocurrency platform BlockFi succumbed to the downfall of exchange FTX Trading, and FTX itself faced calls for an examination of its collapse. This is the week in bankruptcy.

  • December 02, 2022

    Alcon Gets More J&J Unit Eye Surgery IP Axed At PTAB

    The Patent Trial and Appeal Board has invalidated claims in two more patents owned by Johnson & Johnson unit AMO Development LLC in challenges lodged by Alcon Inc., with the board finding the claims in both patents are obvious.

  • December 02, 2022

    $3.20 Loss Snubbed In Del. Fight Over Westell Class Suit Lead

    A stockholder attorney competing to head a Delaware Court of Chancery class suit challenging a Westell Technologies' round-trip reverse stock split in 2020 put the other plaintiff's scant $3.20 loss at issue during court arguments Friday, arguing that there is "no reason" to put so tiny a damage claim up front.

  • December 02, 2022

    Skadden Says Lottery.com Hasn't Paid It For Chancery Case

    Skadden Arps Slate Meagher & Flom LLP told the Delaware Chancery Court that Lottery.com has not paid the firm for its work on a case that resulted in an order for a financial firm to return $16.5 million in escrow funds to the online ticket manager.

  • December 02, 2022

    Del. Judge's Tough Stance On Disclosures Roils Patent Bar

    Delaware's top federal district judge is on the offensive against perceived rule-breaking in an ongoing crush of patent suits filed by "nonpracticing" entities, roiling the local patent bar and likely encouraging would-be filers to seek other venues for their suits.

  • December 02, 2022

    9th Circ. Lets Insurers Join $3.2M Superfund Cleanup Dispute

    A group of insurers is permitted to intervene in a California agency's $3.2 million suit against a bankrupt policyholder over remediation costs at a Superfund site, the Ninth Circuit ruled, finding that the carriers had a legally protected interest in preventing the entry of default judgment against their insured.

  • December 02, 2022

    Jay-Z Can't Halt Arbitration Over Bacardi Venture, Judge Says

    A New York judge declined Friday to block arbitration over JPMorgan Chase & Co.'s appraisal of a joint cognac venture between Shawn "Jay-Z" Carter and Bacardi Ltd., rejecting arguments from the rap icon's lawyer that a "completely biased" arbitral panel lacks jurisdiction over the dispute.

  • December 01, 2022

    FTX 'Free Fall' Demands Special Examiner, US Trustee Says

    A bankruptcy watchdog for the U.S. Department of Justice on Thursday urged a Delaware bankruptcy judge to appoint a special examiner to sift through the wreckage of FTX Trading Ltd., saying an independent investigation is needed to determine what led to the cryptocurrency exchange's "free fall" into bankruptcy.

  • December 01, 2022

    CarMax Inks Deal With Dozens Of AGs Over Recall Disclosure

    Used car dealer CarMax Inc. on Thursday reached an agreement with 36 attorneys general, promising to provide consumers with information about safety recalls on critical vehicle parts before selling them and setting what New York Attorney General Letitia James called "a new industry standard" for used car dealers.

  • December 01, 2022

    Del. Judge Lists Red Flags To Justify Funding Probe

    Delaware's chief judge has detailed the full story of why he's investigating whether patent monetization entity IP Edge is controlling seemingly unrelated litigation after the patent owners called on the Federal Circuit to intervene.

  • December 01, 2022

    Masimo Clarifies Some Proxy Notice Rules Hit In Del. Suit

    Masimo Corp. amended its bylaws Thursday to clarify advance notice requirements for interested parties ahead of its 2023 stockholder meeting director vote, in the latest turn of a battle with activist investor Quentin Koffey and his hedge fund for two seats on the company's board.

  • December 01, 2022

    IP Forecast: Jury To Hear Apple-Ericsson Licensing Battle

    A federal jury in Marshall, Texas, next week will hear long-simmering arguments from Apple that Ericsson isn't licensing its assortment of cellular patents considered essential to 4G and 5G standards at fair, reasonable and non-discriminatory rates.

  • December 01, 2022

    Texas Land Co. Investors Call Share Expansion A Power Grab

    The biggest shareholders in Texas Pacific Land Corp., one of Texas' largest landowners, have alleged in a Delaware Chancery Court filing that the company is trying to dilute their power with a suit attempting to force the investor group to back a move expanding the number of company stocks.

  • December 01, 2022

    Stila Styles CEO Asks To Seal Courtroom For Sale Testimony

    The CEO of Zohar portfolio company Stila Styles on Thursday asked a Delaware bankruptcy judge to close the courtroom for a hearing concerning the company's sale, saying any information on the sale or the company's finances is too confidential for the public.

  • December 01, 2022

    3rd Circ. Preview: Arbitration Under The Tree In December

    The Third Circuit's December calendar sees the court tackling issues over arbitrability in class actions involving a well-known electronics company and a prominent payroll services firm, with Samsung striving to resolve a consumer litigation stemming from smart TVs through arbitration and ADP employees seeking to keep their retirement plan dispute in court.

  • December 01, 2022

    Stockholder Teams Vie To Lead Del. Westell Stock-Split Suit

    Two legal teams are slated to face off Friday in a Delaware Court of Chancery duel for the lead role in a consolidated stockholder suit challenging network infrastructure business Westell Technologies Inc.'s allegedly unfair reverse-forward stock split in mid-2020.

  • December 01, 2022

    Pharma Co. Slams Bid To Delay 'Orange Book' Delisting

    Avadel Pharmaceuticals criticized Jazz Pharmaceuticals' latest attempt to delay delisting of a patent that purportedly covers distribution of a narcolepsy drug from health regulators' so-called Orange Book, accusing Jazz of harming the public interest to protect the $5 million per day it makes from its oxybate products.

  • November 30, 2022

    CDC Broke Gilead HIV Research Deal, Claims Court Rules

    The U.S. Court of Federal Claims on Wednesday unsealed its ruling finding that the Centers for Disease Control and Prevention violated research agreements with Gilead Sciences by failing to notify the drugmaker about patents the agency had filed to cover HIV treatments.

  • November 30, 2022

    FTX Founder Ignores Legal Advice For Spotlight At NYT Event

    FTX founder Sam Bankman-Fried said Wednesday that he "didn't ever try to commit fraud" and isn't thinking about potential criminal charges he might face even as regulators in the U.S. and abroad continue to investigate what happened in the days and months leading up to the crypto exchange's crash several weeks ago.

Expert Analysis

  • Reviewing Separation Agreement Compliance Before Layoffs

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    As a potential recession triggers layoff considerations, employers should begin reviewing their separation agreement templates to ensure they include the desired protections for the employer while complying with applicable, and recently amended, state laws, says Victoria Hubona at Sheppard Mullin.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • How The Amgen Case May Affect Patent Owners, Prosecutors

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    Depending on how the U.S. Supreme Court rules in Amgen v. Sanofi, its decision to review the enablement requirement of Section 112 of the Patent Act could result in significant strategic adjustments by patent owners and prosecutors, say attorneys at Troutman Pepper.

  • Could State Ownership Solve US Cannabis Policy Issues?

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    Provincial cannabis wholesalers in Canada are enjoying huge profits, begging the question of whether a government-owned cannabis model could eventually be replicated in the U.S. to tackle issues ranging from social equity to overproduction — but this would undoubtedly introduce other complex challenges, says Hilary Bricken at Harris Bricken.

  • FTX Bankruptcy Provides A Road Map For Crypto Regulation

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    FTX’s recent Chapter 11 filing provides an outline of what government regulation is needed in the crypto space, including a crackdown on misleading marketing strategies and a clear bankruptcy framework that may prevent future runs on crypto companies, say Kimberly Black and Daniel Lowenthal at Patterson Belknap.

  • DOJ Publishing Win May Mean More Labor, Salary Challenges

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    The termination of Penguin's planned $2.2 billion acquisition of Simon & Schuster may embolden a victorious U.S. Justice Department and Federal Trade Commission to challenge more transactions based on the impact on labor and salaries rather than the impact on consumer prices, say attorneys at McDermott.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • Tale Of 2 Mergers: The DOJ Antitrust Division's Mixed Results

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    Attorneys at V&E look at the U.S. Department of Justice Antitrust Division's recent successful challenge to Penguin Random House’s purchase of Simon & Schuster, and its unsuccessful challenge to U.S. Sugar’s acquisition of Imperial Sugar — exploring the market realities, the strength of witness testimony and the affected stakeholders in each case.

  • 5 Principles For Better Professional Development Programs

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    The pandemic and ensuing "great resignation" have resulted in a more transient legal work force, but law firms can use effective professional development programs to bridge a cultural gap with new associates and stem associate attrition, says Matthew Woods at Robins Kaplan.

  • What To Pay Attention To In FTX Fraud Probe

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    Steven Lee and Sean Shecter at Lewis Brisbois outline the issues the U.S. Department of Justice and the U.S. Securities and Exchange Commission will have to explore as they investigate FTX's handling of customer funds to determine whether the crypto exchange’s CEO acted with the requisite criminal intent to violate federal wire fraud statutes.

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • State AG Consumer Protection Shift Isn't An Election Fad

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    We are starting to see the first signs of a new state attorney general consumer enforcement paradigm emerge — with creative use of most favored nation clauses as structural tools — and that is unlikely to end when the last ballot is counted for the 2022 election, says O.H. Skinner at Alliance for Consumers.

  • Moderna Ruling Misses On 'Products Sold To US Government'

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    A Delaware federal court’s refusal to dismiss patent infringement claims against Moderna, which manufactured patented COVID-19 vaccines under a government procurement contract, creates uncertainty for government contractors by misinterpreting a federal law intended to protect them, says Tyler Evans at Steptoe & Johnson.

  • Ch. 15 Case Highlights Reach Of Transnational Insolvency

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    A Delaware bankruptcy court’s pending decision on whether to grant Mexican lender Crédito Real Chapter 15 recognition or continue with a Chapter 11 proceeding underscores the reach of transnational insolvency proceedings in Latin America, highlights unresolved foreign debtor bankruptcy questions and serves as a warning for unsecured debt investors, say attorneys at Mayer Brown.

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