Try our Advanced Search for more refined results
Delaware
-
August 28, 2024
Class Attys Seek Review Of Del. Magistrate's Doc Suit Toss
Stockholder attorneys probing Paramount Global's allegedly conflicted Skydance Media merger in Delaware's Chancery Court have challenged as unsupportable and unprecedented a magistrate's rejection of anonymously sourced news reports in a dismissal of their bid for court-ordered document access.
-
August 28, 2024
Boy Scout Abuse Trust Art Sales To Start In November
An auction house announced Wednesday that parts of the Boy Scouts of America's former art collection, including a number of Norman Rockwell pieces, will go on the auction block in November to pay for claims by sexual abuse survivors.
-
August 27, 2024
No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says
The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.
-
August 27, 2024
NY Pension Funds Join Illumina Deal Suit Pile-On In Del.
New York state's retirement system and fund have added a new derivative suit to widening stockholder litigation over Illumina Inc.'s $8 billion reacquisition of cancer testing company Grail Inc. despite European Commission regulatory agency opposition.
-
August 27, 2024
Del. Court Nixes Trump Media Contempt Bid In Share Suit
A Delaware vice chancellor declined on Tuesday to find Donald Trump's social media venture in contempt for suing in Florida to block the release of two Trump Media & Technology Group founders' shares, while the same founders are battling for the stock in the Court of Chancery.
-
August 27, 2024
Chancery Voids Bank Board Picks In Scheduling Suit
A Delaware Chancery Court judge on Tuesday invalidated an annual meeting where a board election was held by directors of Golden Mountain Financial Holdings, restoring the preelection boards of the venture, which emerged from the bankruptcy of First NBC Bank Holding Co.
-
August 27, 2024
3rd Circ. Axes Kavanaugh Classmate's HuffPo Defamation Suit
A lower court was right to nix a defamation lawsuit by a former classmate of U.S. Supreme Court Justice Brett Kavanaugh against The Huffington Post because the suit is time-barred no matter which state's law governs it, the Third Circuit ruled Tuesday.
-
August 27, 2024
Gusrae Kaplan Says Suit Over 'Frivolous' Filing Rightly Tossed
Gusrae Kaplan Nusbaum PLLC is urging the Delaware Supreme Court to affirm the dismissal of an Applied Energetics complaint alleging the firm and a former partner filed a frivolous securities fraud suit in order to hobble other litigation against a former CEO, accusing the laser-weapons maker of making "fanciful" arguments in its appeal.
-
August 26, 2024
Firm Wants Award Nixed Over DLA Piper, Arbitrator Ties
Fortis Advisors is urging a Delaware court to vacate an arbitral award favoring gaming company Stillfront following its 2019 purchase of a Canadian video game company, arguing that an accounting firm hired to adjudicate the dispute and Stillfront's counsel at DLA Piper hid a "web of relationships" between them.
-
August 26, 2024
Rival Can't Avoid Drugmaker's False Ad Claim Over Pain Med
A Texas federal magistrate on Monday advised against dismissing Pacira Biosciences Inc.'s suit against a rival, finding that Pacira had alleged enough facts to show QuVa Pharma Inc.'s advertising is deceptive in a suit over the former company's compounded drug for pain.
-
August 26, 2024
EV Maker Contests Del. Bid To Stall Stock Drop Suit In Calif.
Counsel for electric-vehicle manufacturer Mullen, which is now tangled in a derivative lawsuit seeking damages in Delaware's Chancery Court, have pointed the court to a proposed $7.25 million settlement in an earlier-filed derivative case in California federal court to support the company's bid to stay the Delaware action.
-
August 26, 2024
US Trustee Raises Release Concerns With FTX Ch. 11 Plan
The U.S. Trustee's Office has lodged an objection to FTX's Chapter 11 plan with 10 reasons why the proposed resolution for the mammoth crypto bankruptcy is flawed, including releases that are overbroad and don't carve out a high-profile data breach from their terms.
-
August 26, 2024
Biotech Investor Sues In Chancery Over Alleged IP Diversions
A private equity investor in biotech Vividion Therapeutics Inc., recently acquired by Bayer Corp. for up to $2 billion, sued the company's co-founder and others in Delaware's Court of Chancery on Monday, accusing them of secretly diverting to another company intellectual property worth "hundreds of millions, if not billions."
-
August 26, 2024
Hikma Urges Full Fed. Circ. To End Vascepa Skinny-Label Suit
Hikma Pharmaceuticals has asked the full Federal Circuit to intervene after a panel determined it must face infringement litigation over its generic version of Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa.
-
August 26, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.
-
August 23, 2024
Del. Chief Judge Tells IP Biz Owner To Show Up, Pay $53K
Delaware's top federal judge Friday ordered a Texas-based patent litigation business owner to appear before him to address what he called a "potential fraud on the court" and "misconduct" by the firm's counsel, adding she'll have to pay $53,000 in accrued sanctions for refusing to show up in-person since last year.
-
August 23, 2024
Caterpillar Can't Nix $12.9M Jury Loss In Wirtgen IP Row
A Delaware judge has declined to overturn a $12.9 million verdict that Caterpillar was ordered to pay machinery manufacturer Wirtgen for infringing five road-milling machine patents, rejecting Caterpillar's equitable defenses that included the patents are unenforceable because of an unreasonable delay in the patent application process.
-
August 23, 2024
Cantor, Lutnick OK $12M Deal To End View Inc. Suit In Del.
Cantor Fitzgerald LP and its billionaire Chair and CEO Howard Lutnick on Thursday agreed to a $12 million settlement to resolve stockholder challenges to a special purpose acquisition company transaction that took window company View Inc. public, with a Delaware Court of Chancery hearing set for Dec. 6.
-
August 23, 2024
Insurance Software Co. Probe, Insider Sales Prompt Del. Suit
A MediaAlpha Inc. stockholder sued in Delaware's Court of Chancery on Thursday for access to the insurance marketing platform developer's books and records, pointing to stock sales by the company's two controlling investors that allegedly allowed them to avoid $66 million in stock drop losses.
-
August 23, 2024
Electric Car Co. Fisker Promises Ch. 11 Plan In A Week's Time
A Delaware bankruptcy judge Friday gave defunct electric-vehicle maker Fisker Inc. permission to enter into a deal with its lenders that will see it file a Chapter 11 plan by the end of August and seek court approval for the plan in just over a month.
-
August 23, 2024
Clinic Biz Can Tap Additional Ch. 11 Lifeline, Judge Says
A Delaware bankruptcy judge agreed on Friday to allow clinic operator Pioneer Health to take on more debtor-in-possession financing as it works toward an asset sale, finding the latest arrangement to be in the debtor's best interest.
-
August 23, 2024
Delaware Lets Ventis Move Pacira's False Ad Suit To Calif.
Ventis Pharma Inc., a pharmaceutical company developing nonopioid anesthetics, got a federal court's approval Friday to move a false advertising lawsuit filed by competitor Pacira BioSciences Inc. from Delaware to California, where Ventis is based.
-
August 22, 2024
Del. Jury Says No Infringement, Axes Data Storage IP Claims
A Delaware federal jury found Thursday that Scale Computing Inc. did not infringe DataCore Software Corp.'s data storage patent and determined that the asserted claims are invalid as anticipated.
-
August 22, 2024
3rd Circ. Denies Liberian Bank Whistleblower's Asylum Bid
The Third Circuit ruled Thursday that a Liberian man can't claim asylum despite having "suffered horrors" after unearthing a fraud scheme involving Liberian government officials' relatives and refusing a politician's bribe, saying he did not show evidence that his alleged perpetrators targeted him for having an anti-corruption political opinion.
-
August 22, 2024
Smartmatic, Newsmax Defamation Suit Heads To Del. Trial
A Delaware Superior Court judge on Thursday teed up a four-week trial starting Sept. 30 on voting machine provider Smartmatic USA Corp. claims that it was defamed by unsubstantiated Newsmax Media Inc. reports tying the voting tech company to alleged conspiracies to steal the 2020 presidential election.
Expert Analysis
-
Daubert Motion Trends In Patent Cases Reveal Damages Shift
A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.
-
Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
-
Del. Dispatch: Director Caremark Claims Need Extreme Facts
The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.
-
Class Action Law Makes An LLC A 'Jurisdictional Platypus'
The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.
-
Jarkesy Ruling May Redefine Jury Role In Patent Fraud
Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.
-
3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
-
E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
-
Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
-
2nd Circ. Case Reinforces Need For Advance Notice Bylaws
The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.
-
Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
-
Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
-
3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy
The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.
-
How 3rd Circ. Raised Bar For Constitutional Case Injunctions
The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.
-
The Fed. Circ. In June: More Liability For Generic-Drug Makers
The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.
-
Opinion
Congress Must Increase Small Biz Ch. 11 Debt Cap
Congress must act to reinstate Subchapter V, which recently sunsetted when the debt threshold to qualify reverted from $7.5 million to just over $3 million, meaning thousands of small businesses will no longer be able to use the means of reorganization, says Daniel Gielchinsky at DGIM Law.