Delaware

  • October 04, 2024

    Chancery OKs Settlement, $3.5M Fee In PE Squeeze Suit

    Pointing to a derivative suit settlement that "effectively unwinds the harm" from deeply conflicted private equity financings extended to a struggling trampoline park chain during the COVID-19 pandemic, a Delaware vice chancellor on Friday approved both the deal and a $3.5 million fee for plaintiff attorneys.

  • October 04, 2024

    Meta Investors Seek Sanctions Over Execs' Deleted Emails

    Meta Platforms Inc. shareholders suing over the Facebook Cambridge Analytica data scandal urged a Delaware Chancery Court Thursday to sanction Meta board members Jeffrey Zients and Sheryl Sandberg for allegedly spoiling evidence by using their personal email accounts to discuss the scandal and then deleting large portions of their correspondence.

  • October 04, 2024

    Ex-IPlace Exec Seeks Chancery Legal Defense Fee Award

    A former longtime director and CEO of global recruiting firm iPlace's American affiliate sued the company for legal fee advancement in Delaware's Court of Chancery Friday, alleging that it refused to pay his fees for defense against claims of fiduciary breaches, embezzlement and thefts of proprietary information.

  • October 04, 2024

    MLB's Storied History Runs Through The Bankruptcy Court

    With the value of professional sports teams skyrocketing over the last decade, it's hard to imagine a Major League Baseball club having to file for bankruptcy. But it's happened at least five times since 1970 for a variety of reasons, and the teams that have taken advantage of the bankruptcy courts have charted much different paths post-insolvency.

  • October 04, 2024

    Up First At High Court: Civil Rights, Ghost Guns, Atty Fees

    The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.

  • October 04, 2024

    Healthcare Co. Inks Deal In DOL Equal Pay Investigation

    A healthcare diagnostics company has agreed to pay nearly $60,000 to the U.S. Department of Labor to end an agency probe over concerns that a New Jersey manufacturing facility undercompensated female employees compared to their male colleagues.

  • October 03, 2024

    Trump Media's COO Resigns As Stock Is Released To Investor

    The parent of Donald Trump's social media platform had a busy Thursday, announcing that its chief operating officer has resigned and separately disclosing that it released nearly 800,000 shares to a backer of the vehicle that took Trump's entity public in connection with a court order.

  • October 03, 2024

    Intel Calls VLSI's Ownership, Funding Disclosures Insufficient

    Intel is urging Delaware's chief federal judge to make VLSI Technology reveal its ownership and sources of litigation funding, saying the disclosures provided so far in their dispute over the scope of a patent license are "plainly deficient."

  • October 03, 2024

    Boston Pharma Co. Drops Another Moderna Patent Suit

    A Boston pharmaceutical developer once again has agreed to drop a patent lawsuit against Moderna over its popular coronavirus vaccines after losing a claim construction ruling in front of Delaware's top judge.

  • October 03, 2024

    Del. Vice Chancellor Slams Fee Terms In Advancement Case

    A Delaware vice chancellor balked Thursday at "success fee" terms in a fee advancement case that she suggested made the clients a "human shield" in litigation over attorney expenses in connection with a New Jersey legal malpractice case.

  • October 03, 2024

    Apple Loses Patent In Fight With Masimo At PTAB

    An Apple Inc. patent that covers its Apple Watches has failed to hold up in front of an administrative patent board after it was challenged by health technology company Masimo Corp.

  • October 03, 2024

    3rd Circ. Upholds Insurer's Win In Construction Co. Wage Row

    An insurer for a paving and construction company has no duty to defend it against two class actions accusing the company of underpaying its employees, the Third Circuit ruled Thursday, finding an exclusion barring coverage for "wage and hour violations" is applicable.

  • October 03, 2024

    FibroGen Suit Alleging Disclosure Failures Tossed In Del.

    Biopharmaceutical company FibroGen has beaten a stockholder derivative lawsuit in Delaware's Chancery Court that accused the business and its top officers of fiduciary breaches and insider trading related to its flagship anemia drug, which was once projected to bring in $3.5 billion for the drugmaker before regulators refused to approve its use in the U.S.

  • October 03, 2024

    3rd Circ. Backs Added Payout For Late Royal Bank CEO

    The Third Circuit on Thursday backed a lower court's decision that Royal Bank of America's retirement plan must add another $368,000 onto the roughly $4 million lump-sum payment already given to the financial institution's late former chief executive officer, calling the plan's arguments it need not pay that amount "nonsensical."

  • October 03, 2024

    12 Lawyers Who Are The Future Of The Supreme Court Bar

    One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.

  • October 03, 2024

    Chancery Tosses Barry Diller From Match.com Class Suit

    Media mogul Barry Diller escaped for a second time a Delaware Court of Chancery stockholder challenge to Match.com's $30 billion reverse spinoff from IAC Interactive, in a post-U.S. Supreme Court remand decision that also kept alive related, previously dismissed claims against five allegedly Diller-loyal "dual fiduciaries."

  • October 03, 2024

    Cole Schotz Adds Potter Anderson Corporate Partner In Del.

    Cole Schotz PC has added a corporate member with 16 years of Delaware-focused corporate advisory and transactional experience.

  • October 02, 2024

    EXp Investors Accuse Execs Of Ignoring Sex Assault Culture

    Shareholders of eXp World Holdings Inc. have hit the real estate brokerage company's top-brass with a derivative lawsuit in Delaware Chancery Court Wednesday, claiming they intentionally ignored repeated reports that its top "influencers" were drugging and sexually assaulting real estate agents at company events, thereby exposing the company to millions in liabilities.

  • October 02, 2024

    Chancery To Mull Receiver In Drug Co. Consulting Bill Row

    Delaware's Supreme Court has appointed a Superior Court judge to sit as a vice chancellor in a suit seeking a receiver for a Dubai-headquartered bio-pharmaceutical company that has run up nearly $600,000 in $3,000-per-day sanctions and counting for failing to comply with an initial $180,000 judgment.

  • October 02, 2024

    Amarin Says Sky Isn't About To Fall In Skinny Labels Fight

    Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Dental Laser Maker Biolase Hits Ch. 11 With $33M In Debt

    Biolase, a manufacturer of lasers used in dental procedures, is seeking bankruptcy protection in Delaware, and has disclosed roughly $33 million in debt and a $14 million stalking horse offer for its assets, citing financial challenges that it said stemmed from slow market adoption of new technology and economic headwinds.

  • October 02, 2024

    Chancery Drops Curtain On AMC Stock Dilution Suit

    A Delaware vice chancellor dismissed on Wednesday a proposed class action seeking damages or additional shares for former AMC Entertainment Corp. preferred stockholders who say the value of their shares was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.

  • October 01, 2024

    Complications Again Delay Citgo Sales Hearing In Delaware

    A federal judge in Delaware on Tuesday further delayed a forthcoming auction of Citgo's parent company to satisfy billions of dollars in Venezuelan debt, and he ordered additional briefing as he grapples with parallel litigation that allegedly threatens to undermine the sale process.

  • October 01, 2024

    IBM Targets Take-Two In IP Suit After $45M Win Against Zynga

    Less than a month after obtaining a $45 million verdict against San Francisco game company Zynga over patents related to online advertisements, IBM launched a new lawsuit in Delaware federal court against the developer's parent company over different video games. 

Expert Analysis

  • Del. Bankruptcy Ruling Will Give D&O Insureds Nightmares

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    In Henrich v. XL Specialty Insurance, the Delaware Bankruptcy Court recently found that a never-served qui tam claim had been "brought" before a D&O policy's retroactive date, thereby eliminating coverage, and creating a nightmare scenario for directors and officers policyholders facing whistleblower claims, says David Klein at Pillsbury.

  • Fair Use Doctrine Faces Challenges In The Generative AI Era

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    As courts struggle to apply existing copyright principles to new, digital contexts, the evolving capabilities of AI technologies are testing the limits of traditional frameworks, with the fair use doctrine being met with significant challenges, says John Poulos at Norton Rose.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Practical Private Equity Lessons From 2 Delaware Deals

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    A pair of Delaware Chancery Court cases remind private equity sponsors that specificity is crucial through the lens of deal certainty, particularly around closing conditions and agreement sections of acquisition agreements, say Robert Rizzo and Larissa Lucas at Weil Gotshal and William Lafferty at Morris Nichols.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • 4 Tips For Drafting Earnouts To Avoid Disputes

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    Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Skip Versus File: The Patent Dilemma That Costs Millions

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    In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

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