Delaware

  • November 26, 2024

    Insys Founder Kapoor Dropped From Del. Opioid Harm Suit

    A Delaware state court has dropped Insys Therapeutics Inc. founder John N. Kapoor from a 6-year-old lawsuit that originally sought damages from Insys, Kapoor and several Delaware opioid prescribers and suppliers, ruling that the state lacked jurisdiction to pursue him for alleged harm to three state residents, two of them pain management patients.

  • November 26, 2024

    Fed. Circ. Won't Review Rejection Of Dish's $3.9M Fees Award

    The full Federal Circuit declined Tuesday to reconsider a panel's ruling that vacated a $3.9 million attorney fees award to Dish Network for its successful defense against a Realtime Adaptive Streaming patent suit.

  • November 26, 2024

    Paul Hastings Seeks GenapSys CEO Depo In Malpractice Suit

    Paul Hastings LLP has called on a California court to compel the founder and former CEO of GenapSys to sit for a deposition in a legal malpractice suit alleging that the firm improperly drafted board documents that invited an expensive lawsuit and led to the genetic sequencing company's "demise and liquidation."

  • November 26, 2024

    River Group Sues Pa. Silver Refiner Over Water Pollution

    A Delaware River advocacy group has filed a Clean Water Act lawsuit against a Pennsylvania silver refinery, alleging the facility has been dumping polluted stormwater into the river.

  • November 25, 2024

    Lampert, Sears Stockholders Set Appraisal Share Faceoff

    Delaware's Court of Chancery has teed up an argument on how to handle class member claims of former Sears Hometown and Outlet Stores Inc. stockholders whose share appraisal demand was torpedoed by the company's bankruptcy in 2022.

  • November 25, 2024

    Microsoft-Activision Atty Snubs $15M Class Fee In Del. Suit

    An attorney for Microsoft Corp. and Activision Blizzard Inc. on Monday downplayed the benefits from an ongoing stockholder suit seeking $15 million for mid-case fixes to the two companies' $68.7 billion merger, saying the action's modest advantages should be weighed more as disclosure matters than a deal rescue.

  • November 25, 2024

    TMX Moves For Emergency Block On $52M Pa. Fine Hearing

    An affiliate of TMX Finance asked a Texas federal court to pause Pennsylvania regulators' efforts to enforce the state's anti-usury laws against it, claiming it faced a "Hobson's choice" of responding to an enforcement proceeding whose legality was being questioned, or waiving its arguments and facing a $52.7 million fine.

  • November 25, 2024

    Self-Driving Truck Co. Founder Sues To Regain Share Control

    A founding member of TuSimple Holdings, a company formed to develop software and systems to support autonomous long-haul trucking operations, has sued a large company shareholder in Delaware Chancery Court seeking to invalidate a voting agreement that allegedly handed off all of the founder's voting power to the shareholder.

  • November 25, 2024

    Justices Nix Petition Over $17M Bolívar Artifacts

    The U.S. Supreme Court has turned away a Florida man's petition looking to revive his efforts to enforce a $17 million judgment against Venezuela, after he says the country lured him into turning over a collection of materials once belonging to South American Gen. Simón Bolívar.

  • November 22, 2024

    Real Estate Recap: AI, NY Rent Control, NEPA

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.

  • November 22, 2024

    Fox Corp., Class Battle Over Multibillion Del. Defamation Suit

    Fox Corp. "demonstrated willingness to republish demonstrably false material" promoting bogus 2020 election conspiracies to bolster its market share, a class attorney said during dismissal arguments Friday in a Delaware Court of Chancery suit seeking billions of dollars in damages.

  • November 22, 2024

    Malaysia Looks To Shore Up Counterattack Over $14.9B Award

    Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.

  • November 22, 2024

    Port Operators Can't Join Suit Over Delaware River Project

    A Pennsylvania federal judge has ruled two terminal companies waited too long to join in on a case that resulted in the revocation of the approval for a new port project on the Delaware River, reasoning that the companies' claim of having a stake in the outcome of the case was untimely.

  • November 22, 2024

    Senior Dem Asks Schumer For Votes On Circuit Court Picks

    Sen. Mazie Hirono, D-Hawaii, a senior member of the Senate Judiciary Committee, on Friday pushed back against a deal Democrats and Republicans cut earlier this week that obligates Democrats to forgo votes on four appellate picks.

  • November 22, 2024

    Walmart Class Attys In $123M Opioid Deal Seek $24.6M Fee

    Three plaintiffs firms known for shareholder litigation are seeking $25 million in fees for their work on a $123 million settlement with Walmart in Delaware's Chancery Court, ending a suit that claimed oversight failures at the retail giant led to reckless opioid prescriptions and massive liabilities.

  • November 22, 2024

    Avante Health Parent Cleared To Sell For $72.5M In Ch. 11

    A Delaware bankruptcy judge on Friday approved the $72.5 million sale of Jordan Health, the corporate parent of medical equipment company Avante Health, to an affiliate of Staple Street Capital after the debtor reached a settlement with unsecured creditors.

  • November 21, 2024

    Special Master Ordered To Turn Over Citgo Pact To Venezuela

    A Delaware federal judge has ordered his court-appointed special master to give Venezuela an unredacted version of a stock purchase agreement in the upcoming auction of oil giant Citgo's parent company, ruling the document must be made available to the public as well as the republic.

  • November 21, 2024

    Franchise Group Lenders Want End To Debtor's Ch. 11 Rights

    Lenders of bankrupt retail-focused holding company Franchise Group Inc., including Pacific Investment Management Co. and private equity firm Irradiant Partners, have urged a Delaware bankruptcy judge to end holdco debtor Chapter 11 exclusivity restrictions, arguing that the move offers the best escape from a near-inescapable "Gordian knot" entangling all their claims.

  • November 21, 2024

    Big Lots Seeks To Include Claims Against Execs In Asset Sale

    Discount retailer Big Lots on Thursday asked a Delaware bankruptcy judge to approve a $760 million asset sale to a private equity group and override creditor objections to the inclusion of potential litigation claims against company insiders in the package.

  • November 21, 2024

    Legal Fee Suit Widens Paragon Tech Control Fight In Del.

    A running feud at the top of publicly traded investment company Paragon Technologies Inc. widened Thursday with a former CEO's filing of a Delaware Court of Chancery suit for company-paid legal fees prompted by the ex-CEO's ouster, a board investigation and other recent developments.

  • November 21, 2024

    Prime Core's Ch. 11 Trust Sues To Reclaim $10M Payout

    The liquidating trust for Prime Core Technologies Inc., a troubled cryptocurrency technology business, sued in Delaware bankruptcy court Thursday to claw back what it described as a fraudulent transfer of more than $10 million that was paid to a creditor while the company was insolvent. 

  • November 21, 2024

    Senate Deal Halts 4 Circuit Court Nominations

    Democrats and Republicans cut a deal Wednesday night to advance district court nominees before the year ends, while dropping four circuit court picks from confirmation efforts, Law360 has confirmed.

  • November 21, 2024

    Yellow Corp. Approved For Ch. 11 Plan Disclosures

    Bankrupt trucking firm Yellow Corp. said it had resolved all objections to its Chapter 11 plan disclosure statement Thursday, and a Delaware judge agreed to approve the document once it was updated to reflect the changes.

  • November 21, 2024

    Chewy Investors Sue BC Partners In Del. Over PetSmart Deal

    British international investment giant BC Partners exploited its control of online pet product retailer Chewy Inc. when a BCP affiliate merged into Chewy after divesting its interest in PetSmart Inc., saddling Chewy with a potential $1.9 billion post-deal tax liability, according to a new Delaware Court of Chancery complaint.

  • November 20, 2024

    Ex-Pharma CEO Demands Legal Fees For SEC Probe

    Cancer treatment development company Eagle Pharmaceuticals Inc.'s founder and ex-CEO told Delaware's Chancery Court Wednesday that he is entitled to legal fees he says the company owes him in connection with a U.S. Securities and Exchange Commission probe into the company's accounting practices, saying he continues to incur fees in addition to the $875,000 he has already requested.

Expert Analysis

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

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    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Del. Dispatch: Clarifying Charter Amendment Vote Obligations

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    The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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