Delaware

  • April 08, 2024

    99 Cents Only Files Ch. 11 With Plans To Close All Stores

    Discount store 99 Cents Only and five affiliates filed for bankruptcy in Delaware on Monday, listing over $1 billion in debt, days after it announced plans to wind down operations and close its 371 stores in California, Texas, Arizona and Nevada.

  • April 05, 2024

    5th Circ. Blocks Biden Admin's Predatory College Loan Rule

    The Fifth Circuit has ordered a preliminary injunction blocking the Biden administration's changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions, finding that the plaintiff representing for-profit colleges demonstrated a likelihood of suffering irreparable harm without the injunction.

  • April 05, 2024

    Med School Ex-CEO Sues For Legal Fees In Del. After Fraud Suit

    A company controlled by the former chief executive of a Grand Bahama-based medical school has sued the school's developers and indirect owner for legal fee advancements in Delaware's Court of Chancery, citing a federal suit accusing the ex-officer of selling undocumented stakes in the business.

  • April 05, 2024

    CEO Of Chilean Telecom Co. WOM Leaves Days After Ch. 11

    One of Chile's largest cellphone operators WOM SA has replaced its CEO days after it filed for bankruptcy in Delaware, the company announced, with the ousted executive alleging shareholders at the company failed to deliver on new sources of funding promised last fall.

  • April 05, 2024

    Ex-Biopharma Officer Seeks Defense Fees Over Fraud Suit

    Biopharmaceutical company EpicentRx has been slapped with a lawsuit in Delaware's Court of Chancery by its former corporate secretary and outside counsel seeking advancements of legal fees he has incurred in response to ongoing litigation accusing the company and its officers of fraud.

  • April 05, 2024

    Insurers Fight Kidde-Fenwal's Bid For Coverage Of Foam Suits

    Two AIG units and another insurer have told a Delaware bankruptcy court it should reject fire-suppression company Kidde-Fenwal Inc.'s bid to secure their coverage for a bevy of underlying suits alleging the company exposed those plaintiffs to so-called forever chemicals via its production of firefighting foam.

  • April 05, 2024

    New Chancery Challenge Launched To Board-Investor Pacts

    A biopharmaceutical company stockholder has teed up a new Delaware Chancery Court suit challenging board-investor voting agreements, with the complaint acknowledging wide debate over the pacts and a fast-moving push to amend state corporation law to authorize them.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 04, 2024

    MoneyLion's Woes Draw Del. Suit Against SPAC Insiders

    Investors have sued the sponsor of a blank-check company and several of its directors and controllers in Delaware's Chancery Court, accusing them of overvaluing a merger with digital finance platform MoneyLion, which was sued by the Consumer Financial Protection Bureau in 2022.

  • April 04, 2024

    Snowflake Investor Accuses Brass Of Insider Trading

    A Snowflake Inc. investor filed a lawsuit Thursday against the cloud data platform's leadership team, accusing company insiders of shedding over $1 billion worth of stock at inflated prices while knowing about or recklessly disregarding a scheme to misrepresent sales data following the company's $3.3 billion public debut.

  • April 04, 2024

    Caterpillar 'Talking Out Both Sides,' Judge Says

    A Delaware federal judge chastised Caterpillar Inc. ahead of trial in a series of orders mostly siding with claims from a defunct construction equipment supplier accusing the company of pressuring an online auctioneer to break an important contract with the would-be competitor.

  • April 04, 2024

    Wells Fargo Hit With Del. Suit Targeting Account Abuses

    Citing billions of dollars in regulatory agency sanctions, fines and judgments and allegedly chronic disregard of "red flag" reports and fake account investigations, a Wells Fargo & Co. stockholder has sued 23 current and former bank directors and officers in Delaware's Court of Chancery, seeking derivative recoveries for the losses.

  • April 04, 2024

    Microsoft Unit Gets Fed. Circ. Alice Win On Imaging Patents

    The Federal Circuit on Thursday gave a win to a software company acquired by Microsoft for nearly $20 billion, affirming a decision that claims in four medical imaging patents it was accused of infringing are invalid for claiming only an abstract idea.

  • April 04, 2024

    Divided PTAB Invalidates RFID Claim It Previously Upheld

    A Patent Trial and Appeal Board panel has invalidated part of an AmaTech Group Ltd. smart card patent on rehearing, finding fault in its earlier decision to uphold the claim across two opinions and a dissent. 

  • April 04, 2024

    Real Estate Fraudster Wins 3rd Circ. Bid To Testify

    The real estate agent who helped ex-NFL player Irving Fryar in a scheme to defraud several banks out of $1 million in mortgages was wrongly denied the ability to testify on his own behalf at a hearing over alleged violations of his supervised release, the Third Circuit ruled in a precedential opinion Thursday.

  • April 04, 2024

    Ex-CEO Reaches Legal Fee Agreement With Trump-Tied SPAC

    A Delaware vice chancellor has signed off on an agreement between Donald Trump-tied Digital World Acquisition Corp. and its former CEO to have the venture pay his legal costs related to federal probes and litigation in multiple states.

  • April 04, 2024

    Del. Justices Reverse Chancery On Match.com Deal Fairness

    Delaware's Supreme Court on Thursday undid a Chancery Court dismissal of a challenge to Match.com's 2019 reverse-spinoff from Barry Diller-controlled IAC Interactive, in a closely watched case rejecting the lower court's finding that Match had justified the use of a less onerous fairness test.

  • April 04, 2024

    Sport Aircraft Maker Icon Hits Ch. 11 With $170M Debt

    Light-sport aircraft manufacturer Icon Aircraft filed for Chapter 11 protection in Delaware bankruptcy court Thursday with more than $170 million in debt and plans for an asset sale and liquidation.

  • April 03, 2024

    Sanofi Plans To Settle 4,000 Zantac Cancer Claims

    Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.

  • April 03, 2024

    AT&T Faces Investor Suit Over $43B WarnerMedia Spinoff

    A Warner Bros. Discovery shareholder accused AT&T and its CEO John Stankey of hiding how serious the company's problems were as it spun off its $43 billion WarnerMedia unit, alleging that caused Discovery to pay far too much when it merged with its fellow news and entertainment giant. 

  • April 03, 2024

    Lucky Bucks Ch. 7 Trustee's Fraud Suit Can Continue In Del.

    A Delaware bankruptcy judge on Wednesday allowed an adversary suit brought by the Chapter 7 trustee for Georgia-based gambling machine company Lucky Bucks Holdings LLC to move forward, saying the court doesn't have enough information about fraud allegations to dismiss the case.

  • April 03, 2024

    Joonko Tells Chancery Ex-CEO Shouldn't Get Legal Fees

    Defunct job board startup Joonko, which closed last year after its CEO resigned amid fraud allegations, told Delaware's Court of Chancery on Wednesday that it has no obligation to advance her defense costs in federal government investigations because she is no longer a director or officer of the company.

  • April 03, 2024

    Pool Pump Co. Says 3rd Circ. Must Vacate New Energy Rule

    Pool products maker Zodiac Pool Systems LLC went to the Third Circuit Wednesday to challenge a new U.S. Department of Energy rule that the company says goes beyond the department's legal authority by setting energy conservation standards for pool pumps, which Zodiac asserts are exempt from such regulations.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    3rd Circ. Won't Block Order To Replace NJ 'County Line' Ballot

    A federal appellate court panel refused Wednesday to block a district court order requiring New Jersey to change the layout of its ballot before the June 4 primary, even though some county clerks who are responsible for preparing the ballots argued that it was not feasible to make the changes in time.

Expert Analysis

  • Del.'s Tesla Pay Takedown Tells Boards What Not To Do

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    The Delaware Chancery Court’s ruthless dissection of the Tesla board’s extreme departures from standard corporate governance in its January opinion striking down CEO Elon Musk’s $55 billion pay package offers a blow-by-blow guide to mistakes Delaware public companies can avoid when negotiating executive compensation, say attorneys at Cleary.

  • Del. Dispatch: Clarification On Fiduciary Duties Of Controllers

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    The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • 3 Strategies For Aggressive Judgment Enforcement

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    As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • The Questions Around Prometheum's SEC-Compliant Strategy

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    While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.

  • NY, Del. May Be Trending Against Noncompete Enforceability

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    While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

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