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Delaware

  • August 17, 2018

    Chancery Rejects Bid To Unwind $170M Furniture Co. Merger

    A Delaware Chancery judge on Friday sided with directors of furniture company Design Within Reach Inc. and its hedge fund backers at Glenhill Capital Management LP, and rejected investor claims that a roughly $170 million merger with Herman Miller Inc. should be voided because of a quickly fixed mistake.

  • August 17, 2018

    Nationwide Ban OK For Trump Birth Control Rules, States Say

    Five states challenging Trump administration rules exempting employers from providing health care coverage for birth control due to moral or religious objections said the Ninth Circuit could uphold a nationwide injunction on the policy, arguing a recent ruling ending a national bar on the president's sanctuary city policy didn't mean all broad injunctions must be scrapped.

  • August 17, 2018

    Claire's Retains Del. Ch. 11 Control, Beats Challenge

    Claire’s Stores Inc. retained exclusive control of the fashion accessories retailer's Chapter 11 on Friday, overcoming a move by creditor Oaktree Capital Management to loosen the debtor’s hand and improve prospects for a competing $1.5 billion Oaktree bid for the company.

  • August 17, 2018

    3rd Circ. Oral Argument Dip Troubling, Chief Judge Says

    The Third Circuit appellate bar is trying to reverse a troubling decline in oral arguments before its panels, which its Chief Judge D. Brooks Smith in an exclusive interview with Law360 says could have been brought on by a "stunning" increase in pro se filings he traces to the Great Recession of the late aughts.

  • August 17, 2018

    NY, Others 'Stand Ready' To Fight Over Scientific Study Rule

    A coalition of 15 states, the District of Columbia and others threatened to sue the Environmental Protection Agency over a proposed rule requiring disclosure of the scientific study data behind regulations, saying Friday the coalition will go to court if the agency proceeds with “this misguided effort.”

  • August 17, 2018

    Order Needed Now In Venezuela $1.2B Award Row, Miner Says

    Crystallex International Corp. pressed a Delaware judge on Thursday to immediately issue an order allowing it to seize shares in Citgo Petroleum Corp. to enforce its $1.2 billion award against Venezuela, while the country's state-owned oil company angled for a pause during its pending appeal.

  • August 17, 2018

    Weinstein Co. Creditor Asks To Go Forward With NY Debt Suit

    A creditor asserting secured claims against affiliates of The Weinstein Co. filed a motion late Thursday asking a Delaware bankruptcy court judge to lift the automatic stay of litigation in the Chapter 11 cases of the company to allow the creditor’s suit against Harvey Weinstein over a $46 million loan to move forward in New York state court.

  • August 17, 2018

    CapStack TRO Denied By Chancery Over Speech Concerns

    An apartment complex management firm won’t be restrained from making statements about alleged fraud by the co-owners of several complexes after a Delaware Chancery Court judge ruled Thursday that such an injunction would curtail the manager’s free speech rights without trial.

  • August 16, 2018

    $3.5M Paint Price-Fix Deal OK'd After DuPont's 3rd Circ. Win

    A California federal judge on Thursday approved a $3.5 million deal DuPont and other companies reached to end consumer claims they conspired to fix a paint ingredient’s price, calling it “in the best interest of the class” since the Third Circuit affirmed DuPont’s win in a similar case.

  • August 16, 2018

    Will Law Schools Start Counting ‘Generation ADA’?

    No one is tracking law students with disabilities to see where the education system may be failing them, but some advocates are working to change this dynamic and build a better pipeline.

  • August 16, 2018

    Chancery Points To Contract In $167M Amur Finance Default

    Expressing deep frustration with calls for continued Chancery Court intervention in a multiyear lender and borrower dispute, a Delaware vice chancellor on Thursday told both sides to look to their contract in sorting out a potential $167 million loan default finding.

  • August 16, 2018

    Geothermal Firm Fights Chancery Toss Of $110M Merger Suit

    Attorneys for a proposed class of investors in U.S. Geothermal Inc. asked Delaware Chancery Court to keep alive their challenge to the company's recent $110 million merger with Ormat Technologies Inc., alleging that self-interested moves by a large shareholder and director made for an unfair process.

  • August 16, 2018

    3rd Circ. Won't Revive Allergan Medicaid Rebate Suit

    The Third Circuit on Thursday refused to revive a pharmaceutical executive's suit claiming Allergan Inc. and other drug manufacturers shorted the federal government on drug rebate payments, finding the companies did not knowingly violate any laws.

  • August 16, 2018

    Applebee's Franchisee Gets Bank's Cash To Prep Ch. 11 Goals

    Bankrupt Applebee's restaurant franchisee RMH Franchise Holdings Inc. on Thursday told a Delaware bankruptcy court that it had struck a deal for continued access to its lender's cash, saying it will begin formulating bidding and sale procedures as well as a potential Chapter 11 reorganization plan.

  • August 16, 2018

    Pa. Rehab Centers Say Some Issues Kept Secret Before Sale

    Liberation Behavioral Health LLC, which operates three substance abuse centers in Pennsylvania, has filed a lawsuit asking for damages in Delaware Chancery Court claiming shareholders failed to disclose compliance issues that resulted in the loss of millions since the company’s sale last year.

  • August 16, 2018

    DHS Memo Justifies Ending DACA, Trump Tells 2nd Circ.

    The Trump administration urged the Second Circuit on Wednesday to toss challenges by immigrants and an advocacy group to its decision to rescind the Deferred Action for Childhood Arrivals program, arguing that a recent Department of Homeland Security memorandum shows the decision was well thought out and not rash.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    ExamWorks Says Investors Sat On ‘Damaging’ Evidence

    ExamWorks Group Inc. has asked the Delaware Chancery Court to sanction investors seeking an appraisal of their stock connected to the company’s $2.2 billion go-private sale, claiming they should not be paid statutory interest because of a delay caused by their withholding of “highly damaging” documents.

  • August 15, 2018

    Bear Stearns Bankruptcy Suit Win Upheld By District Court

    A bankruptcy court finding that Bear Stearns & Co. Inc. acted in good faith when it repurchased securities from former debtor HomeBanc Mortgage Corp. in 2007 was upheld Tuesday when a Delaware federal judge said the lower court did not misapply the law or make errors of fact.

  • August 15, 2018

    3rd Circ. Won't Revive Suit Over Hartford Management Fees

    The Third Circuit refused Wednesday to disturb a victory for investment advisers in beating a proposed class action over mutual fund management fees, saying a district court properly found that the shareholders behind the suit failed to show the fees were excessive for the services provided.

Expert Analysis

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • A Teachable Moment On Adequate Disclosures

    Marc Casarino

    Full and accurate disclosure of information by a corporation to its stockholders is a basic component of obtaining consent to mergers and other fundamental transactions. But the Delaware Supreme Court's decision in Morrison v. Berry is a stark reminder that implementing adequate disclosures is easier said than done, say Marc Casarino and Lori Smith of White and Williams LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Expectations For Venue-Related Discovery Post-TC Heartland

    Silvia Jordan

    Following the U.S. Supreme Court's TC Heartland decision last year, district courts typically permit venue-related discovery when plaintiffs provide prima facie evidence at the outset that the discovery sought could establish proper venue, says Silvia Jordan of Fisch Sigler LLP.

  • Delaware Court Offers Clarity On MFW Protections

    Scott Barshay

    The Delaware Court of Chancery's recent opinion in Olenik v. Lodzinski held that the parties to an acquisition had followed the road map for controller transactions to receive business judgment review under Kahn v. M&F Worldwide Corp. In so holding, the court provided helpful reminders about how best to achieve such protection, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Fixing The 'Funk' Of Delinquent Loan Holders In Md.

    Laurence Platt

    Relying in part on the definition of “doing business" in the 100-year-old Funk & Wagnalls dictionary, the Maryland Court of Appeals recently ruled on the licensing of Delaware statutory trusts and foreclosure proceedings on delinquent residential mortgage loans. The decision should end the confusion surrounding the ability of a state trust to foreclose in Maryland, say attorneys with Mayer Brown LLP.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.