Delaware

  • November 30, 2021

    3rd Circ. Says Paper Too Late On Suit Over Arbitration Award

    The publisher of the Pittsburgh Post-Gazette cannot undo an arbitrator's decision requiring it to cover workers' health care cost increases after a labor contract expired, the Third Circuit ruled Tuesday, saying the company waited too long to challenge the award in court.

  • November 30, 2021

    Del. Judge Says No US Jurisdiction For GCX Clawback Case

    A Delaware bankruptcy judge on Tuesday ruled that an attempt by GCX Ltd. to claw back nearly $10.2 million taken from its accounts by Standard Chartered Bank belongs in an English court, saying the case's only U.S. connections were 10 seconds of electronic transactions.

  • November 30, 2021

    Del. Justices Back Verisign's Win On Net Operating Losses

    The Delaware Supreme Court said the state Division of Revenue exceeded its authority when it disallowed Verisign Inc.'s claims of large net operating losses in 2015 and 2016, invalidating a long-standing operating loss policy.

  • November 30, 2021

    Drilling Co. Denies Alleged Breach Of Chancery Settlement

    Diamond Offshore Drilling Inc. responded on Tuesday to allegations from Avenue Capital Management II LP that the drilling company breached a Delaware Chancery Court-ordered settlement by refusing the hedge fund's slate of candidates for nomination at Diamond's upcoming annual meeting.

  • November 30, 2021

    IP Challengers Lose Invalidation Bids After '101 Day' Fight

    A Delaware federal judge has shot down attempts by several companies, including Natera Inc. and grocery startup Instacart, to invalidate the patent claims they are accused of infringing.

  • November 30, 2021

    Cisco Asks Full Fed. Circ. To Nix 'Sweeping' Damages Ruling

    Cisco has asked the full Federal Circuit to examine an appeals court decision reinstating enhanced damages against the networking giant, warning that it could be applied to "essentially every case" where a defendant is found liable for encouraging customers to infringe patents.

  • November 30, 2021

    Tough Mudder Ch. 7 Trustee Sues Co. Leaders For $20M

    A Chapter 7 trustee for extreme obstacle race venture Tough Mudder Inc. sued three directors and officers in Delaware's Bankruptcy Court late Monday, accusing them of self-dealing or duty breaches that scuttled a $20 million private deal and forced a "fire sale liquidation."

  • November 30, 2021

    Chancery Rejects Vista Equity Motion To Exit Mindbody Suit

    A Delaware chancery judge has refused to let Vista Equity Partners escape claims it aided fiduciary breaches connected with its $1.9 billion merger with Mindbody Inc., saying Vista would have known its contacts with Mindbody's founder had not been disclosed.

  • November 30, 2021

    Chatham Ups Bid For RR Donnelley To $10.25 A Share

    R.R. Donnelley & Sons Co. confirmed on Tuesday that private equity firm Chatham Asset Management LLC has upped its bid to acquire the company to $10.25 per share, intensifying its efforts to snatch the marketing communications firm away from would-be purchaser Atlas Holdings LLC.

  • November 29, 2021

    GM Gets Camaro Starter Defect Suit Trimmed

    A Delaware federal court trimmed some claims lodged against General Motors by a proposed class of motorists who allege the carmaker knowingly concealed defects in parts installed in recent Chevrolet Camaro models, ruling that some buyers sued too late and others failed to get repairs during the warranty period.

  • November 29, 2021

    J&J's Bankruptcy Move To NJ Cracks Door For Dismissal Bid

    The transfer of a Johnson & Johnson unit's bankruptcy case to New Jersey may ease talc injury claimants' quest to get the proceeding thrown out, but experts say the effort remains an uphill battle that could ultimately still prove futile.

  • November 29, 2021

    Judge Unsure About Letter As Fix For Boy Scout Email Row

    A Delaware bankruptcy judge questioned Monday whether she had the authority to order a pair of feuding law firms in the Boy Scouts of America's case to send a joint letter as a proposed fix to an explosive email that stoked fears the vote on a Chapter 11 plan had been tainted.

  • November 29, 2021

    State AGs Tell 11th Circ. Trans Bathroom Rule Discriminates

    A group of 23 state attorneys general led by New York's Letitia James have lined up on the side of a transgender Florida student by urging the full Eleventh Circuit to uphold its ruling that his school board's gender-based bathroom policy is unconstitutional.

  • November 29, 2021

    Chancery Nixes New Doc Demands In McDonald's Exec Suit

    Citing court decisions that set basic principles and limits for stockholder pre-suit document demands, a Delaware vice chancellor on Monday rejected a McDonald's Corp. stockholder bid for a deeper probe into two top officers' alleged misconduct by delving into the company's books and records.

  • November 29, 2021

    Mallinckrodt Gets Ch. 11 Stay Of Acthar Suits Extended

    A Delaware bankruptcy judge agreed Monday with drugmaker Mallinckrodt PLC that more than a dozen lawsuits against the debtor relating to its marketing of Acthar gel products should be paused for an additional 90 days so that plan confirmation proceedings aren't derailed in the coming weeks.

  • November 29, 2021

    Facebook Shareholder Can't Appeal Chancery Court Stay

    An individual Facebook shareholder whose derivative lawsuit was stayed by Delaware's Chancery Court while a similar class action over the Cambridge Analytica scandal moved ahead may not appeal the stay to Delaware's Supreme Court.

  • November 29, 2021

    Insurer Can't Duck Disability Coverage At 3rd Circ.

    An insurance company has to go back to paying benefits for a disabled client because its decision to twice bring in outside consultants who said he could go back to work was motivated by a conflict of interest and deviated from the insurer's usual claim-review process, a Third Circuit panel ruled.

  • November 29, 2021

    Icahn Seeks TRO In Del. For Southwest Gas Stock Sale Plan

    Interests of activist investor Carl Icahn sued Monday for a Delaware Chancery Court order blocking Southwest Gas Holdings Inc.'s alleged effort to sell $1 billion of stock to allies of its incumbent leadership amid battling over Icahn's $4.4 billion hostile takeover offer.

  • November 29, 2021

    RR Donnelley Acknowledges Chatham Bid Against Atlas

    Marketing communications firm R.R. Donnelley & Sons Co. on Monday acknowledged two competing bids to a proposed $2.1 billion merger with private equity firm Atlas Holdings LLC, a $9.10 per share offer from Chatham Asset Management LLC and a $10 per share deal from an unnamed "strategic party."

  • November 24, 2021

    Gulf Coast Defuses Ch. 11 Loan, Site Management Disputes

    Bankrupt Gulf Coast Health Care reached agreements Wednesday on amendments to a proposed $25 million case financing loan and management change agreement for 24 of the nursing home chain's sites in Florida and Mississippi, after two days of wrangling over insider benefits and creditor claim restrictions.

  • November 24, 2021

    Bondholders Target Citgo Over $118M Venezuelan Debt

    Bondholders say they've waited patiently and deserve a tentative attachment on $118 million worth of Citgo's parent company's stock, arguing that the Venezuela-owned companies they say owe them money are essentially the country's "alter egos."

  • November 24, 2021

    3rd Circ. Tosses Ex-NFLer's Concussion Settlement Bid

    The Third Circuit on Wednesday backed the denial of a $1.5 million concussion settlement for former National Football League defensive end Amon Gordon, ruling that the ex-player improperly raised new arguments on appeal.

  • November 24, 2021

    As ANDA Suit Venue Options Shrink, Del., NJ Rule For Now

    One year after the Federal Circuit limited venue options for patent suits over generic drugs, a new ruling has clamped down further. But so far, most cases are still being filed in Delaware and New Jersey, the traditional hot spots for pharmaceutical litigation.

  • November 24, 2021

    Chancery Tosses Wayfair Stockholders' $535M Note Sale Suit

    Delaware's Chancery Court has dismissed a derivative class action from Wayfair Inc. stockholders over a $535 million convertible note sale from last year, finding that they failed to prove it would have been futile to bring their demands to the company's board first before filing the suit.

  • November 24, 2021

    2 Firms Want To Lead, Combine XL Fleet Merger Suits In Del.

    Grant & Eisenhofer PA and Cohen Milstein Sellers & Toll PLLC have agreed to a stipulation that would consolidate two lawsuits filed in Delaware Chancery Court over a $1 billion merger that created XL Fleet Corp., and are seeking to serve as co-lead counsel for the proposed shareholder class.

Expert Analysis

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • As Climate Litigation Heats Up, More Cos. Face Liability Risk

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    The number, pace and sophistication of climate change-related suits are steadily increasing, both in the U.S. and abroad, and while plaintiffs face substantial hurdles under existing law and evidentiary burdens, liability risks to industry, and the scope of potential defendants, are also growing, say attorneys at Pillsbury.

  • COVID Insurance Cases Highlight Federal-State Court Tension

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    COVID-19 insurance coverage litigation has resulted in an unprecedented number of federal courts preemptively ruling on an area of law in which state courts have final say — a problematic trend with likely undesirable results for litigants unless federal courts consider certain proactive solutions, says John Koch at Flaster Greenberg.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • How Green Amendments Protect Key Environmental Rights

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    New York's recently passed green amendment is part of a growing movement to give constitutional protection to environmental rights that are fundamental to human life, health and community, thereby addressing potential deficiencies in state and federal environmental laws and regulations, says Maya van Rossum at the Delaware Riverkeeper Network.

  • M&A Rulings Provide Guidance On 'Bump-Up' Claim Coverage

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    As M&A activity continues to surge, several recent federal court decisions can guide companies in structuring their insurance programs and assessing whether so-called bump-up claims arising from particular M&A transactions may be covered, say Robin Cohen and Orrie Levy at Cohen Ziffer.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • Alleging An LLC's Citizenship With Imperfect Information

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    Determining a limited liability company's citizenship to establish diversity jurisdiction and remove a case from state court can be difficult when the LLC's owners are unclear, and the Corporate Transparency Act will likely offer only limited help when it takes effect — but the right steps can still get a case to a federal courtroom, say attorneys at King & Spalding.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • FCA Ruling Deepens Circuit Split Over Qui Tam Dismissals

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    The recent Third Circuit ruling in Polansky v. Executive Health Resources Inc. further widens a split over the standard for government-initiated motions to dismiss qui tam actions under the False Claims Act, and evinces increased scrutiny for motions filed after a defendant has entered the fray, say Kenneth Abell and Katherine Kulkarni at Abell Eskew.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

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