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Delaware

  • December 13, 2018

    Open Road Films' Ch. 11 Sale Delayed By Assumption Issue

    A Delaware bankruptcy judge delayed approval of the Chapter 11 sale of Open Road Films LLC on Thursday saying the parties needed to resolve outstanding contract cure and assumption issues before an amended sale order could be signed.

  • December 13, 2018

    Bojangles' Investor Seeks More Details On Chain's Acquisition

    A Bojangles’ Inc. investor sued the restaurant chain and its directors in Delaware federal court Wednesday claiming not enough details have been provided about its acquisition by Durational Capital LP and The Jordan Co. for investors to cast an informed vote on the deal.

  • December 13, 2018

    Del. Justice Moore, Influential In M&A Law, Dies At 83

    Andrew G.T. Moore II, a former justice of the Delaware Supreme Court whose time on the bench saw him author decisions that have become the bedrock of modern corporate law, has died at the age of 83, it was announced Wednesday.

  • December 12, 2018

    ARRIS Stockholder Seeks To Halt $7.4B CommScope Buy

    ARRIS International PLC has been hit with a proposed class action by an investor seeking to stop the technology company from being acquired by telecom CommScope in a proposed $7.4 billion private equity-backed deal, with the stockholder claiming not enough information has been provided about the transaction.

  • December 12, 2018

    Boston Scientific Wins $35M Verdict In Heart Valve Patent Suit

    A Delaware federal jury found Tuesday that Edwards Lifesciences Corp. damaged Boston Scientific SciMed Inc. to the tune of $35.4 million by infringing a heart valve patent, while rejecting claims that Boston Scientific infringed three Edwards patents.

  • December 12, 2018

    IMMC Trustee Wants 3rd Circ. Redo In Ch. 11 Transfer Fight

    A liquidating trustee of bankrupt mining company IMMC Corp. asked the full Third Circuit Wednesday to revisit its precedential November decision that a Delaware bankruptcy court lacked jurisdiction to transfer his $250 million adversary proceeding to Pennsylvania district court, arguing that the ruling contravened U.S. Supreme Court precedent along with the applicable law.

  • December 12, 2018

    Investor Seeks Halt Of $1.9B Apptio-Vista Deal For More Info

    An Apptio Inc. shareholder filed a proposed class action in Delaware federal court on Tuesday seeking to halt the information technology company’s proposed $1.9 billion merger with Vista Equity Partners, claiming not enough information has been provided for investors to make an informed vote on the transaction.

  • December 12, 2018

    DOJ Urges Prison For Convicted Wilmington Trust Execs

    Federal prosecutors in Delaware recommended prison terms between five and eight years for four convicted Wilmington Trust Corp. executives at the center of a more than $200 million years-long cover-up of bad commercial loans, saying the deception led to huge investor losses and tarnishing of trust in financial industry safeguards.

  • December 12, 2018

    Catalina Marketing Files For Ch. 11 To Cut Debt By $1.6B

    Catalina Marketing Corp. filed for Chapter 11 in Delaware bankruptcy court Wednesday, saying it had a preapproved reorganization plan that would allow the consumer packaged goods marketer to shed $1.6 billion in debt.

  • December 11, 2018

    Xura Breach Claims Advance In $643M Chancery Merger Suit

    An aggrieved investor of telecommunications technology company Xura Inc. cleared some early hurdles Tuesday in a Chancery Court suit challenging the company’s $643 million go-private sale to Siris Capital Group LLC, beating motions to dismiss claims that Xura’s former CEO had regular undisclosed contacts with the buyer.

  • December 11, 2018

    Applebee’s Franchisee’s Ch. 11 Plan Gets Nod in Delaware

    A Delaware bankruptcy judge on Tuesday gave his nod to the Chapter 11 plan for Applebee's restaurant franchisee RMH Franchise Holdings Inc. over the objection of the unsecured creditors who argued they will not get enough disbursement under the plan.

  • December 11, 2018

    Amgen's Biosimilar IP Win Was Wrong, Hospira Tells Fed. Circ.

    Hospira has urged the Federal Circuit to toss a $70 million jury verdict finding its biosimilar version of Amgen Inc.’s blockbuster anemia treatment Epogen infringed an Amgen patent, arguing its drug production was protected by a safe harbor for companies seeking federal approval for biosimilar products.

  • December 11, 2018

    Mass. Says Starion Filed Ch. 11 To Evade Regulatory Action

    The commonwealth of Massachusetts filed a motion to dismiss the Chapter 11 case of electricity supplier Starion Energy Inc. on Monday, saying the company filed the case in bad faith to avoid responsibility for regulatory penalties imposed by the state’s attorney general for deceptive business practices.

  • December 11, 2018

    Dental Products Maker Expands IP War Against Rival At ITC

    A California-based dental products maker has added to its expanding intellectual property battle with a Danish rival over patents covering intraoral scanners and related equipment, filing two complaints Tuesday in Delaware federal court and one complaint Monday at the U.S. International Trade Commission.

  • December 11, 2018

    Ex-OptimisCorp Figures Fight Axing From Chancery Suit

    An attorney for three former directors of health care software firm OptimisCorp argued Tuesday that the company shot down part of its own argument that competitive conflicts disqualify them from serving as stockholder plaintiffs in a suit against the company.

  • December 11, 2018

    Promise Healthcare Nets Extra $1.3M In Rehab Facility Sale

    A Chapter 11 sale of a San Diego medical facility owned by Promise Healthcare Group LLC received court approval Tuesday in Delaware after the company's attorneys told the court that an auction had resulted in an additional $1.3 million in consideration for the property.

  • December 11, 2018

    Climate Report Proves Carbon Regs Must Stick, EPA Told

    The dire conclusions in the blockbuster climate change report recently released by the Trump administration contradict White House efforts to roll back greenhouse gas emissions standards for vehicles and power plants and the proposals should be yanked immediately, dozens of state attorneys general and city and county attorneys said Tuesday.

  • December 11, 2018

    Venezuela Breached Deal Over $1.2B Award, Crystallex Says

    Venezuela has breached its settlement with Crystallex International Corp. relating to a $1.2 billion arbitral award issued after Venezuela expropriated its investments, the Canadian miner alleged Tuesday, signaling its intent to forge ahead with efforts to seize and sell shares in Citgo Petroleum Corp.'s parent company.

  • December 11, 2018

    AGs Ask SSA To Set Up ID Theft Prevention Database, Fast

    A coalition of 43 state attorneys general urged the Social Security Administration to make a priority of establishing a nationwide database for electronically matching names and dates of birth to Social Security numbers, in order to fight “synthetic identity theft” where legitimate numbers get tied to fake identities.

  • December 11, 2018

    Pa. Judge Won't Stay Derivative UHS Overbilling Claims

    A Pennsylvania federal judge has shot down a bid to pause a cluster of shareholder lawsuits over alleged overbilling by United Health Services Inc. while both a related securities class action and an investigation into potential False Claims Act violations draw to a conclusion.

Expert Analysis

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • TC Heartland's Impact In 2018

    Alex Chachkes

    The U.S. Supreme Court decided TC Heartland v. Kraft Foods in May 2017, revitalizing the patent venue statute. Alex Chachkes and Josh Montgomery of Orrick Herrington & Sutcliffe LLP review its impact over the past year and a half.

  • Fed. Circ. Provides Clarity On Patent Term Questions

    Irena Royzman

    Two recent decisions from the Federal Circuit — Novartis AG v. Ezra Ventures and Novartis Pharmaceuticals v. Breckenridge Pharmaceutical — clarify the law of "obviousness-type double patenting" and give certainty to biopharmaceutical patent owners, say Irena Royzman and Andrew Cohen of Patterson Belknap Webb & Tyler LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Top 10 Whistleblowing And Retaliation Events Of 2018

    Steven Pearlman

    This year saw significant changes in the landscape of whistleblower and retaliation law, including a game-changing decision from the U.S. Supreme Court and the three largest bounty awards issued in the history of the U.S. Securities and Exchange Commission, say Steven Pearlman and Meika Freeman of Proskauer Rose LLP.

  • State Net

    More State Issues The Blue Wave May Shape In 2019

    Rich Ehisen

    In the second installment of this three-part legislative preview, Rich Ehisen of State Net Capitol Journal examines a number of issues that should keep state lawmakers occupied next year.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • 5 Things You Should Know About New Rule 23 Amendments

    John Lavelle

    For the first time in 15 years, Federal Rule of Civil Procedure 23, governing class actions, has been amended. There are five key changes that will likely impact future federal class action litigation and settlements, say John Lavelle and Terese Schireson of Morgan Lewis & Bockius LLP.

  • State Net

    State Lawmakers Face Familiar Challenges In 2019

    Korey Clark

    Many of the issues that are most likely to draw the attention of state lawmakers next year — including cybersecurity, internet and data privacy, blockchain and cryptocurrencies, sales taxes on remote sellers, transportation and telecommunications infrastructure, and marijuana — are already familiar, says Korey Clark of State Net Capitol Journal.