Delaware

  • December 04, 2020

    White Stallion Coal Co. Gets Interim Loan Pending Ch. 11 Sale

    Bankrupt Indiana-based coal producer White Stallion received approval for a trimmed down, interim Chapter 11 loan in Delaware late Friday, amid warnings that the idled surface mining company is teetering on the edge of Chapter 7.

  • December 04, 2020

    NY, Mass. Emission Deal Clears Way For Power Plant's Ch. 11

    The bankrupt owner of two gas-fired electricity generating stations told a Delaware judge Friday it reached a deal with environmental regulators over carbon dioxide emission allowances at its facilities, creating a clear path to confirmation of its Chapter 11 reorganization plan.

  • December 04, 2020

    Ohio Justices Revive Suit Over Steel Group's $43M Jury Loss

    The Ohio Supreme Court has revived a suit against two directors of a construction trade association blaming them in part for a $43 million defamation trial judgment, saying the trial court wrongly expanded the concept of "litigation privilege" in the directors' favor.

  • December 04, 2020

    Fed. Circ. Sticks With Ruling On Standard-Essential Patents

    The full Federal Circuit declined Friday to wade into an ongoing legal fight over a jury's role in determining if patent claims are essential to industry standards, letting a precedential ruling supporting a patent-holding company's trial win against Chinese smartphone maker TCL Communication stand.

  • December 04, 2020

    YouFit Resolves Committee Dispute Over $32M Ch. 11 Loan

    A Delaware judge agreed Friday to grant final approval to bankrupt gym chain owner YouFit Health Clubs LLC for a $31.8 million debtor-in-possession financing package after resolving objections raised by the official committee of unsecured creditors.

  • December 04, 2020

    3rd Circ. Affirms NJ GOP Bigwig's Tax, Fraud Convictions

    A former Gilmore & Monahan PA partner and onetime New Jersey Republican Party leader failed to pay his firm's payroll taxes and disclose his debts on a loan application, the Third Circuit said Friday, affirming his convictions for the crimes.

  • December 04, 2020

    3rd Circ. Won't Rethink Nixing $448M AbbVie Penalty

    The full Third Circuit refused Friday to rethink a panel decision reversing a court-ordered $448 million penalty the Federal Trade Commission won against AbbVie and Besins for allegedly delaying generic forms of the testosterone treatment AndroGel through sham litigation.

  • December 04, 2020

    Ch. 11 Release Means Lennar Beats FCA Claims At 3rd Circ.

    A developer-backed organization is barred under a liability release in LandSource Communities Development LLC's Chapter 11 plan from going after Florida-based home builder Lennar Corp. over claims it swindled the California Public Employees' Retirement System out of nearly $1 billion, the Third Circuit ruled.

  • December 04, 2020

    Francesca's Hits Ch. 11 As Pandemic Tightens Grip On Retail

    Nationwide women's clothing boutique chain Francesca's Holdings Corp. and three affiliates sought Chapter 11 protection in Delaware, reporting $290.5 million in debt, citing pandemic-weakened sales and aiming for a stalking horse-led company auction.

  • December 03, 2020

    3rd Circ. Won't Revive Suit Over $360M Lionbridge Deal

    The Third Circuit has refused to revive a proposed securities class action over private equity firm HIG Capital's roughly $360 million acquisition of Lionbridge Technologies Inc., rejecting claims that the globalization specialist issued a misleading proxy statement in seeking shareholder approval of the deal.

  • December 03, 2020

    Del. Court Confirms $1B Nev. Solar Plant's Ch. 11 Plan

    A bankrupt, $1 billion effort to build a 110-megawatt "molten salt" power tower secured confirmation of its Chapter 11 plan in Delaware late Thursday, moving forward a private deal to partially repay taxpayers and repair the idled Nevada generating plant.

  • December 03, 2020

    Vivus Cleared For Amended Ch. 11 Plan With Drug Royalties

    Biotech company Vivus Inc. received approval Thursday for an amended Chapter 11 plan that provides additional recoveries for existing shareholders through a drug sale royalty settlement, after a Delaware judge rejected its earlier plan proposal because of the plan's treatment of equity.

  • December 03, 2020

    Lighthouse Resources Hits Ch. 11 In Tough Market For Coal

    Utah-based Lighthouse Resources Inc. and 13 affiliates opened a Chapter 11 case in Delaware with more than $256 million in secured debt Thursday, reporting plans for a partial sale forced in part by the COVID-19 pandemic's worsening of already-weak domestic demand for coal-based electricity.

  • December 03, 2020

    Coal Producer White Stallion Hits Ch. 11 With Plans For Sale

    Coal producer White Stallion Energy hit Chapter 11 in Delaware with plans for a sale to its creditors, citing a debt load over $100 million, COVID-19 and diminished demand for coal energy.

  • December 03, 2020

    YouFit Committee Slams DIP, Bidding Rules In Del. Ch. 11

    The official committee of unsecured creditors in the Chapter 11 case of gym chain YouFit Health Clubs LLC objected to the debtor's proposed sale timeline and use of post-petition financing, saying the entire case is being run for the benefit of secured creditors which are wearing multiple hats in the case.

  • December 02, 2020

    Teva Says Fed. Circ. Made Skinny Label Law 'A Dead Letter'

    The Federal Circuit rendered a section of the Hatch-Waxman Act that allows generic-drug makers to sell patent-protected drugs for unpatented uses "a dead letter" when it revived GlaxoSmithKline's $235 million induced infringement verdict, Teva warned the court on Wednesday, petitioning the full court to rehear what it called the Federal Circuit's "most important infringement decision in years."

  • December 02, 2020

    Biopharm Biz Buries Hatchet Over Parkinson's Drug For $7.5M

    A biopharmaceutical business decided Wednesday to buy the global rights to a rival's Parkinson's disease drug for $7.5 million in a move that also buried the hatchet on two years of patent litigation between the companies.

  • December 02, 2020

    Del. Attys Seek $11.3M Fee For $310M Google Workplace Deal

    A Delaware legal team that helped reach a $310 million toxic workplace settlement with California-based Google parent Alphabet Inc. in a stockholder suit earlier this year asked the Chancery Court on Friday to approve an $11.3 million fee for its contribution to the deal.

  • December 02, 2020

    DuPont Rips Chemours' 'Strange' Bid To Void Chancery Ruling

    In its bid to undo a Chancery Court decision upholding an arbitration agreement, The Chemours Co. is making a "strange and unprecedented" argument that would uproot settled law pertaining to arbitration pacts between parent companies and subsidiaries, DuPont Co. told the Delaware Supreme Court on Wednesday.

  • December 02, 2020

    Del. Judge Keeps Alive Stanford IP Suits Over Kidney Test

    A battle over alleged infringements of three licensed Stanford University patents by developers of commercial tests for kidney transplant rejections moved toward trial Tuesday after a Delaware district judge rejected summary judgment claims of invalidity by alleged infringers Natera Inc. and Eurofins Viracor Inc.

  • December 02, 2020

    Ruby Tuesday Floats Deal To Resolve Ch. 11 Trust Fight

    The bankrupt parent company of casual dining chain Ruby Tuesday proposed a settlement late Tuesday that would forestall an appeal of a Delaware court's decision granting the Chapter 11 estate ownership rights to employee compensation trusts and resolve the dispute with current and former employees.

  • December 02, 2020

    UPenn Inks Deal To Settle Proposed ERISA Class Action

    The University of Pennsylvania has inked a deal to settle a challenge to its retirement plans' fees and investments that almost made it up to the U.S. Supreme Court, according to documents filed in Pennsylvania federal court.

  • December 01, 2020

    Del. Judge Finds Teva Infringed ADHD Drug IP On Remand

    A Teva unit infringed five valid Tris Pharma Inc. patents when applying to sell a generic version of the ADHD treatment Quillivant XR, a Delaware federal judge has ruled in an about-face from the court's first decision in the litigation. 

  • December 01, 2020

    Metal Cos. Say Insurer Failed To Cover Them In Loan Suit

    Two ferroalloy companies sued Axis Insurance Co. on Tuesday, alleging the carrier breached the insurance contract for not covering them in a lawsuit accusing the companies of making incorrect and misleading filings when applying for corporate loans.

  • December 01, 2020

    3rd Circ. Revives Ex-PSU Prez's Conviction In Sandusky Case

    The Third Circuit on Tuesday reinstated ex-Penn State University president Graham Spanier's child endangerment conviction for failing to report sex abuse allegations against Jerry Sandusky, upending a decision that Spanier had been found guilty through unconstitutional retroactive application of state criminal law.

Expert Analysis

  • What We Learned From First Pandemic M&A Ruling In Del.

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    The Delaware Chancery Court's recent decision in AB Stable v. Maps Hotels effectively ending a $5.8 billion deal indicates the focus on ordinary course covenants as a basis for not consummating deals is likely to intensify, both in the context of the COVID-19 pandemic and of other extraordinary events, say attorneys at Fried Frank.

  • Do Midstream Agreements Create Real Property Interests?

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    Conflicting federal bankruptcy court decisions leave the question of whether debtors may reject a midstream gas agreement tied to real property open and seemingly untethered to underlying state law, say attorneys at Reed Smith.

  • Navigating Atty Relationship Conflicts That May Imperil Cases

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    In light of recent American Bar Association guidance on conflicts of interest posed by social or intimate relationships between opposing counsel, lawyers must carefully consider whether any personal ties could lead to ethics violations that may affect the outcome of a case, say Thomas Wilkinson and Douglas Fox at Cozen O'Connor.

  • How Mediators Can Help Parties Overcome Emotional Barriers

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    Litigants' emotions can doom the prospects for settlement during mediation, so listening with empathy and helping parties look at a case less emotionally are important tools in a mediator's kit, says Sidney Schenkier at JAMS.

  • High Court Could Expand FCA Reach In Resolving Circuit Split

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    If the U.S. Supreme Court grants certiorari in U.S. v. Care Alternatives and affirms the Third Circuit's position on subjective opinion as a basis for False Claims Act liability, it would provide needed clarity but also increase liability risk for myriad businesses, including those that received Paycheck Protection Program loans, say attorneys at Winston & Strawn.

  • Series

    Judging A Book: Wardlaw Reviews 'Hamilton And The Law'

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    Lisa Tucker's collection of essays, "Hamilton and the Law: Reading Today's Most Contentious Legal Issues Through the Hit Musical," has the seemingly incongruous effect of drawing the reader into America's formative history while also contemplating the intractable issues facing us today, including racial justice, immigration and gender equality, says Ninth Circuit Judge Kim Wardlaw.

  • Mindbody Deal Case Provides Conflict Takeaways For Boards

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    The Delaware Chancery Court's recent decision in Mindbody illustrates how courts assess alleged management conflicts in M&A litigation, but the case's core lesson is the need for boards of directors to uncover and manage actual and potential conflicts of interest in the sale process — in particular, those of the lead negotiators, say Tyler O'Connell and Albert Carroll at Morris James.

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • NJ Cannabis Strides Highlight Nearby States' Need To Legalize

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    As New Jersey's ballot measure approving adult-use cannabis gives the state a strong head start in the race to legalization, neighboring states Pennsylvania, New York and Connecticut need to move quickly to follow suit or risk losing out on significant cannabis tax revenue, say attorneys at Saul Ewing.

  • Surveying Drug Pricing Reform: The Latest State Activity

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    Attorneys at Ropes & Gray explore four types of high-impact drug pricing initiatives at the state level — pricing transparency, pharmacy benefit manager controls, drug importation and value-based arrangements — examining how the current wave of reforms may affect drug companies' business operations.

  • Del. Solera D&O Decision May Have Limited Impact

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    While the Delaware Supreme Court's recent decision in Solera is a blow for companies in the state seeking protection for certain key appraisal proceedings, the ruling hinges on the insurers' narrow definition of a violation that will trigger directors and officers coverage for securities-related claims, making it unlikely that other jurisdictions will follow suit, say attorneys at Hunton.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Where Data Privacy And CFPB Are Headed Under Biden

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    Data privacy is likely to be a key area of legislative and enforcement focus for President-elect Joe Biden, and consumer financial protection is expected to be an immediate priority due to the economic impact of the pandemic, with the most drastic shift likely to occur at the Consumer Financial Protection Bureau, say attorneys at Gibson Dunn.

  • 6 Best Practices For Banks Serving The Marijuana Industry

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    As more states legalize marijuana, financial institutions with marijuana-related business customers should implement robust and nuanced compliance programs, and those that do not want to serve the industry should have policies in place for determining whether existing customers are engaged in marijuana-related activities, say attorneys at Venable.

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