Delaware

  • August 18, 2017

    Uber's Kalanick Invokes Arbitration In Board Seat Lawsuit

    Uber Technologies Inc. founder Travis Kalanick on Friday moved to trump a Benchmark Capital Partners LP Delaware lawsuit seeking to oust him from the company’s board, declaring in a bitterly worded motion and brief that disputes over board voting must go to arbitration.

  • August 18, 2017

    Stockholder Suit Over $353M Martha Stewart Sale Nixed

    Domestic diva Martha Stewart followed “with precision” measures to protect minority stockholders during the $353 million sale of her company to Sequential Brands Group, Inc. in late 2015, a Delaware vice chancellor said Friday in a ruling that dismissed shareholder challenges to the deal.

  • August 18, 2017

    LendingClub Board Accused Of Lying About Internal Controls

    A pair of LendingClub Corp. shareholders filed a derivative suit Friday in Delaware Chancery Court, alleging the company’s board breached its fiduciary duties by not ensuring LendingClub had sufficient internal financial controls and lied about them in regulatory filings.

  • August 18, 2017

    Bankrupt E-Cig Co. Asserts Disposal Of Inventory Is Harmless

    The Chapter 7 trustee for e-cigarette maker NJOY Inc. on Friday asked a judge to approve the abandonment of 3,400 pallets of e-cigarettes at a warehouse whose owner says proper disposal of the products will cost $800,000, given the lithium batteries and tobacco they contain.

  • August 18, 2017

    Russian KFC Owner Can Be Taxed On Stock Sale: 3rd Circ.

    A Third Circuit panel on Friday largely affirmed a U.S. Tax Court decision that the primary shareholder in a company that owned most of Russia’s Pizza Huts and KFCs could be taxed on stock he bought from a minority shareholder, saying the primary shareholder must accept the "consequences of his business decisions."

  • August 18, 2017

    Uber Asks 3rd Circ. Not To Revive Philly Cab Antitrust Suit

    The Philadelphia Taxi Association should not get its antitrust suit against Uber reinstated because its alleged injuries are the result of an increase, rather than a decrease in competition, Uber told the Third Circuit on Friday.

  • August 18, 2017

    Intel Settles Patent Row That Future Link Valued At $10B

    Intel Corp. settled claims from Future Link Systems LLC that it was owed $10 billion in damages for the infringement of 15 patents used in a variety of products including network architecture, cellphones and gaming platforms, according to a recent joint dismissal request in Delaware federal court.

  • August 18, 2017

    Schorsch Sues REIT Biz Successor For Defense Costs

    Real estate investment trust mogul Nicholas S. Schorsch sued his former flagship business for defense fee coverage Thursday in Delaware’s Chancery Court, accusing the firm of refusing to honor agreements to pay and claiming that delays threaten his efforts in multiple proceedings.

  • August 18, 2017

    Enzo DNA Testing Patent Found Invalid In Win For Abbott

    Abbott Laboratories scored a win in its long-running patent fight with Enzo Life Sciences Inc. over DNA testing when a Delaware federal judge recently ruled that claims in a patent Abbott was accused of infringing were invalid because they didn’t adequately explain how to make the invention.

  • August 18, 2017

    3rd Circ. Denies Haitian Man Asylum Over His Sexuality

    The Third Circuit on Thursday denied a Haitian native’s bid to seek relief under the Convention Against Torture on the ground that he failed to show he would likely face torture for being gay upon returning to his country and dismissed his claim for withholding of removal.

  • August 18, 2017

    RadioShack Files E-Commerce-Focused Restructuring Plan

    RadioShack filed a proposed Chapter 11 plan and disclosure statement late Thursday in Delaware that would reorganize the bankrupt electronics retailer's debt structure and shift its operational focus to its e-commerce assets.

  • August 17, 2017

    Judge Embraces 'Gilligan's Island' In Cruise Ship TM Row

    Just sit right back and you'll hear a tale, a tale of a trademarked ship, that started with a dry-docked boat, and ended in a snit.

  • August 17, 2017

    Takata Ch. 11 May Give Automakers Lasting Liability Shield

    The Delaware bankruptcy court's decision to freeze much of the litigation surrounding Takata's defective air-bag inflators takes automakers off the hook for liability for only a short 90 days, but experts say a move that absolves the carmakers permanently could be a real possibility if certain chips fall into place.

  • August 17, 2017

    Ryckman Creek Customer Questions Ch. 11 Plan Feasibility

    Bankrupt natural gas storage firm Ryckman Creek Resources LLC's second-largest customer objected Thursday in Delaware court to the debtor’s plan disclosure statement, saying it doesn’t provide enough information to show how the company will be able to operate its massive underground facility post-bankruptcy.

  • August 17, 2017

    Axed 'Short And Smear' Case Shifts To Del. Commercial Court

    A recently dismissed Delaware Chancery Court case involving an investor's "short and smear" targeting of a bioprinting company re-emerged Wednesday in the Complex Commercial Litigation Division of Delaware's court system, continuing a dispute that once included a $188 million damages claim.

  • August 17, 2017

    Menswear Co.'s Ch. 11 Plans, D&O Claims OK'd

    A bankruptcy disclosure detailing former menswear company Hampshire Group Ltd.’s Chapter 11 liquidation plans won a Delaware judge’s interim approval Thursday, as did a move to tap directors and officers liability insurance coverage for two officials now facing a major customer’s fraud action.

  • August 17, 2017

    MeadWestvaco Investors Fail To Show Bad Faith By Directors

    A shareholder class action suit challenging the $9 billion merger of packaging firm MeadWestvaco Corp. did not survive a motion to dismiss from the company's board when a Delaware state court judge tossed the case Thursday, saying the shareholders did not adequately plead bad faith by the directors in the process leading up to the deal.

  • August 17, 2017

    Wellbutrin Buyers Didn’t Show Harm By GSK, 3rd Circ. Says

    The Third Circuit on Thursday revealed the reasoning behind its decision earlier this month to affirm a win for GlaxoSmithKline PLC in litigation accusing it of stifling generic competition for Wellbutrin XL, saying the purchasers who brought the suit did not show they were injured by GSK.

  • August 17, 2017

    3rd Circ. Revives Exotic Dancer's Wage Suit

    The Third Circuit on Thursday revived a putative collective and class action alleging a New Jersey adult nightclub underpaid an exotic dancer, issuing a precedential ruling clarifying that statutory claims fall outside of arbitration agreements unless the clauses specifically mention them.

  • August 17, 2017

    Venezuelan Oil Co. Decries Bid For Stock In $1.2B Award Row

    Venezuela's state-run oil company has slammed Canadian mining company Crystallex International Co.'s recent bid in Delaware federal court to seize shares of a U.S. corporation owned by it, a request Crystallex lodged in an effort to collect a $1.2 billion arbitration award against the country.

Expert Analysis

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • DTSA Developments Raise Inadvertent Disclosure Questions

    Victoria Bruno

    In Fres-co Systems v. Hawkins, the Third Circuit recently applied what appears to be the inevitable disclosure doctrine. The opinion did not distinguish between the plaintiff’s claims under the Defend Trade Secrets Act and the Pennsylvania Uniform Trade Secrets Act, so the mere threat of misappropriation may be sufficient under both statutes to warrant granting a preliminary injunction, say attorneys with Womble Carlyle Sandridge & Rice LLP.

  • Series

    Judging A Book: Kopf Reviews Posner's 'Federal Judiciary'

    Judge Richard Kopf

    There is a wonderful sketch of Seventh Circuit Judge Richard Posner dressed in a black robe with arms outstretched as if they were the billowing wings of a lean vulture. He is kicking a human brain down a hallway and wearing a half-smile that looks for all the world like a sneer. That sketch is the perfect metaphor for both Judge Posner and his new book, "The Federal Judiciary: Strengths and Weaknesses," says U.S. District Judge Ri... (continued)

  • A Closer Look At EPA's Approach To CPP Rollback

    Paul Tanaka

    While the U.S. Environmental Protection Agency has taken steps toward withdrawing the Clean Power Plan, the question remains whether and how the EPA will regulate carbon dioxide emissions from power plants in its place. Attorneys with Kirkland & Ellis LLP discuss various options and their potential impact.

  • Why D&O Policies Should Cover Del. Appraisal Proceedings

    Peter Gillon

    Appraisal proceedings, unique to Delaware law, require acquiring corporations to pay shareholders if the price of a merger or acquisition deal is below fair market value. Fortunately directors and officers insurance might be able to cover affected companies' defense and other costs, say Peter Gillon and Benjamin Tievsky of Pillsbury Winthrop Shaw Pittman LLP.

  • The Use Of Special Masters In Complex Cases

    Shira Scheindlin

    Special master appointments can be very beneficial in resolving disputes quickly, streamlining discovery, handling delicate settlement negotiations, and — somewhat surprisingly — reducing cost and delay, says retired U.S. District Judge Shira Scheindlin, now with JAMS.

  • Roundup

    Notes From A Law Firm Chief Privacy Officer

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    As more law firms become the targets of major cyberattacks, more firms may consider appointing a chief privacy officer. In this series, CPOs at four firms discuss various aspects of this new role.

  • Series

    Notes From A Law Firm Chief Privacy Officer: New Demands

    Phyllis Sumner

    For outside counsel, oftentimes efficiency and responsiveness collide with security measures as clients are increasingly requiring their law firms to comply with third-party risk management programs. To meet these challenges, law firms are focusing more on the roles of chief privacy officer and chief information security officer, says Phyllis Sumner, chief privacy officer for King & Spalding LLP.

  • Del. Case May Set New Roadblocks For 3rd-Party Releases

    Stephen Zide

    If the Delaware bankruptcy court were to find in the case of Millennium Lab Holdings that it lacks constitutional authority to approve nonconsensual third-party releases, such releases as part of a Chapter 11 plan will be even more difficult to obtain than they are already, say Stephen Zide and Rachael Ringer of Kramer Levin Naftalis & Frankel LLP.