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Delaware
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November 12, 2024
Justices Told Fed. Circ. Overstep Claims Are 'Simply Incorrect'
A unit of pharmaceutical company Alvogen on Tuesday urged the U.S. Supreme Court to reject a petition from the company whose blockbuster IBS drug it's hoping to copy, saying the "petition's fundamental premise" that the Federal Circuit went beyond its legal boundaries "is simply incorrect."
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November 12, 2024
Hertz Investors Urge Chancery Not To Toss Stock Warrant Suit
An attorney for two Hertz Inc. institutional investors told a Delaware judge Monday that the vehicle rental giant relied on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization.
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November 12, 2024
3rd Circ. Won't Revive Port Authority Worker's Race Bias Suit
The Third Circuit won't revive a Black woman's suit claiming the Port Authority of New York and New Jersey didn't promote her because of her race and her complaints about discrimination, ruling that the bistate agency had legitimate, nondiscriminatory reasons for not promoting her.
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November 12, 2024
Truth Social Sponsor's Shares Mostly Gone, Del. Court Told
An attorney for the former CEO of a company central to the public stock listing of Donald Trump's social media platform told a Delaware vice chancellor Monday only 45,000 shares remain available from an 8.1 million share founders' stake now at the center of multiple suits in multiple courts.
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November 12, 2024
3rd Circ. Says County Not Liable For Accused Harassers' Acts
The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.
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November 12, 2024
FTX Sues Binance, Former CEO Zhao Seeking $1.8B Clawback
The estate of fallen cryptocurrency exchange FTX has sued Binance and its former CEO Changpeng Zhao to recover $1.76 billion it says the defunct company illegally transferred prior to its collapse two years ago, alleging FTX used customer money to complete a share repurchase that it couldn't otherwise afford.
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November 08, 2024
Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch
A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.
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November 08, 2024
Fed. Circ. Backs Invalidation Of Geolocation IP Under Alice
The Federal Circuit won't breathe new life into GeoComply's infringement suit against its geolocation competitor XPoint over an anti-location-spoofing patent, affirming a lower court's dismissal.
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November 08, 2024
Chancery Tosses Microchip Co.'s Tech Licensor Challenge
A Delaware vice chancellor on Friday dismissed a lawsuit filed by Swiss microchip maker u-blox AG against tech licensor InterDigital Inc., finding among other points that u-blox was barred from moving forward with potentially unsettled claims arising from the same issues in a California federal court case.
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November 08, 2024
Chancery Rejects $2.4M Fee Request In 'Poison Pill' Case
Cautioning that class attorneys in virtual lookalike settlements shouldn't expect to match big, early fee awards, a Delaware vice chancellor on Friday approved a $300,000 attorney fee — downsized from a $2.4 million request — for those who secured a company agreement to scuttle an overreaching shareholder rights "poison pill."
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November 08, 2024
3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.
A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.
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November 08, 2024
Disney Hit With Suit Over Streaming Media Patents
The Walt Disney Co. and subsidiaries like Hulu and ESPN have been hit with a federal lawsuit claiming that the entertainment giant's various streaming services infringe a series of media patents owned by Adeia Technologies Inc.
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November 08, 2024
FTX Investment Firm Seeks Return Of $11M In Crypto Assets
Alameda Research, an investment arm of the now-bankrupt FTX digital asset empire, has filed a lawsuit against cryptocurrency exchange Crypto.com in Delaware bankruptcy court, seeking the return of $11.4 million in assets still held on the platform despite multiple requests from the debtor.
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November 08, 2024
Judge Will Give Solar Co. $3M Interim Lifeline In Ch. 11
A Delaware bankruptcy judge said Friday she will grant Oya Renewables, a solar energy producer with offices in Boston and Toronto, interim access to $3 million in postpetition funding on offer from its Chapter 11 stalking horse bidder once some final modifications are made.
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November 07, 2024
Litigation Funders Look For Attorneys They Can Trust
Litigation funders often see the attorneys they would be working with as the most important element of whether to invest in a case, several members of the industry said on a panel at the University of Texas School of Law's Advanced Patent Law Institute.
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November 07, 2024
3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'
Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.
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November 07, 2024
Chancery Mulls Stay, Toss Of SPAC Suit Pending NJ Ruling
Attorneys for the sponsor of a deal that took digital health equipment venture Butterfly Network public in February 2021 argued Thursday for a stay or dismissal of a Delaware Court of Chancery suit challenging the deal, citing extensive overlap with an earlier-filed federal securities action in New Jersey.
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November 07, 2024
Solar Energy Co. Hits Ch. 11 With $100M In Debt, Sale Plans
Oya Renewables, a solar energy producer with offices in Boston and Toronto, has filed for Chapter 11 protection in the Delaware bankruptcy court, disclosing at least $100 million in liabilities — including almost $87 million in funded debt — and plans to sell its assets, while blaming factors such as project delays and litigation for its liquidity crunch.
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November 07, 2024
Investors Accuse Truth Social SPAC's Ex-CEO Of Stock Theft
The former CEO of the special purpose acquisition company that combined with Donald Trump's Truth Social company has been accused of stealing millions of SPAC shares by funneling them to offshore shell entities and misappropriating investments to fund his "lavish" Miami lifestyle.
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November 07, 2024
Ross Fights Thomson Reuters Bid To Toss Fair Use Defense
Ross Intelligence pushed back on Thomson Reuters's renewed bid to block it from claiming fair use in a suit alleging that Ross ripped off the Westlaw research platform for its artificial intelligence product, saying in a filing unsealed Wednesday that the output of its tool "did not contain or depend on" any copyright materials claimed by Thomson Reuters, the owner of Westlaw.
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November 07, 2024
Atty Says Ex-Colleague Can't Escape Assault Claim
A former Young Conaway attorney has argued that a onetime colleague he sued did not provide enough evidence to claim she was defending her friend when she allegedly assaulted him, urging a Pennsylvania federal court to toss the defendant's motion for summary judgment.
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November 07, 2024
Former Delaware DOJ Attorney Joins Chancery As Magistrate
Delaware's judiciary announced this week that a former Young Conaway Stargatt & Taylor LLP attorney who also previously worked for the state's Department of Justice has been appointed to serve as a magistrate in the Chancery Court.
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November 06, 2024
Chancery OKs Trade Desk Vote On Charter Move To Nevada
The Trade Desk Inc. received a Delaware Court of Chancery go-ahead Wednesday for a Nov. 14 stockholder vote on reincorporating the digital advertising company in Nevada, after a vice chancellor rejected claims in a stockholder suit that the company's move requires a supermajority stockholder vote.
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November 06, 2024
3rd Circ. Mulls Mootness In Boy Scouts Ch. 11 Plan Appeals
Questions over whether equitable and statutory mootness foreclose challenges to the Boy Scouts of America's bankruptcy took center stage Wednesday during arguments before the Third Circuit, with the judges and parties involved noting the impact that changing the Chapter 11 plan that's already in effect could have on thousands of sexual abuse survivors.
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November 06, 2024
Judges Warn Attys Not To Waste Jurors' Time In Patent Trials
Attorneys need to remember that jurors may have to make significant financial sacrifices during trials and respect that while litigating, a Delaware federal judge said Wednesday as part of a discussion that also featured tips on claim construction and jury instructions.
Expert Analysis
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Don't Phone A Friend: Disclosing Friendships With Executives
The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.
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Webuild Ruling Complicates Arb. Award Enforcement In US
A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Budding Lessons From Landmark Plant Seed Patent Battle
The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Avoiding Merger Disputes Via Careful LLC Agreement Drafting
The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.
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An Update On Legal Issues In The Drone Market
Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.
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5 Considerations For Obviousness-Type Double Patenting
The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.
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Patent Lessons From 7 Federal Circuit Reversals In August
The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Perspectives
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.