Delaware

  • February 21, 2024

    39 AGs Call For Federal Pharmacy Benefit Manager Reform

    The list of critics of pharmacy benefit managers continues to grow as nearly 40 attorneys general have thrown their weight behind a trio of federal bills they say would force more transparency into an "opaque" industry that has "been a cause of rising drug prices."

  • February 21, 2024

    FDA Let Pharma Co. 'Sidestep' Application Rules, Court Told

    The Food and Drug Administration has been hit with a suit alleging it wrongly allowed a drugmaker to expand the scope of its application to market a generic version of a blockbuster pulmonary hypertension drug.

  • February 21, 2024

    3rd Circ. Finds Art Supply Co. Illegally Fired Temp. Worker

    The Third Circuit backed a National Labor Relations Board decision that found an art supply company illegally let go of a Black temporary worker who raised complaints about racism in the workplace, saying Wednesday there was enough evidence to uphold the board's conclusions.

  • February 21, 2024

    Justices Squabble Over Emergency Review Of EPA Smog Plan

    The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.

  • February 21, 2024

    Lutnick, Cantor Hit With Chancery Suit Over BGC Reorg

    An investor in brokerage and financial tech firm BGC Partners Inc. whose shares were converted when it reorganized in July has filed a proposed class action in Delaware's Court of Chancery against billionaire Howard W. Lutnick and New York financial services firm Cantor Fitzgerald LP, alleging the reorganization was unfair.

  • February 21, 2024

    Peer Street Needs To Revise Ch. 11 Disclosures, Judge Says

    A Delaware bankruptcy judge sent crowd-funded real estate investment platform Peer Street Inc.'s disclosure statement back to the drawing board on Wednesday, telling the company that it needed to add more details and understandable language amid outcry from some small investors who wanted to convert the Chapter 11 bankruptcy to a liquidation.

  • February 21, 2024

    Texas Investors Ask Del. Justices To Revive Land Trust Suit

    An attorney for Texas' largest landholder told Delaware's Supreme Court on Wednesday that stockholders bound themselves to support a massive new share issue when they secured two board seats in 2021, dooming their efforts to reverse a Court of Chancery dismissal of their suit challenging the additional share issuance last year.

  • February 21, 2024

    Twitter Severance Fight Paused To Facilitate Settlement Talks

    X Corp., the social media entity formerly known as Twitter, and a group of ex-employees have paused their dispute over severance compensation, as a Delaware federal court signed off Wednesday on a proposal to stay litigation deadlines pending settlement talks.

  • February 21, 2024

    NH Power Plant Can Reject Electric Purchase Deal In Ch. 11

    Bankrupt electricity generating station Burgess Biopower LLC received court approval Wednesday from a Delaware judge to reject a power purchase agreement with a party the debtor claims was withholding payments and creating a financial situation where the station was in danger of shutting down permanently.

  • February 21, 2024

    Consumer Data Co. Gets OK For $50M Ch. 11 Sale

    A Delaware bankruptcy judge Wednesday approved the $50 million sale of Near Intelligence after being told that unsecured creditors' objections to the California-based consumer data gathering platform's Chapter 11 plan had been resolved.

  • February 21, 2024

    JPMorgan Got $400M Before Inovalon Sale, Del. Justices Hear

    Inovalon didn't properly disclose that investors that bought the healthcare data company in 2021 paid $400 million in fees to its financial adviser, a JPMorgan unit, before the transaction, a reason enough to revive a lawsuit challenging the $7.3 billion acquisition, counsel for stockholders told Delaware's Supreme Court Wednesday.

  • February 21, 2024

    3rd Circ. Kicks Data Privacy Suit Against Penn To State Court

    A proposed class action alleging that the University of Pennsylvania violated the state's privacy law must head back to state court, the Third Circuit ruled Wednesday, rejecting arguments that the university health system acted as a federal officer by operating an online patient portal.

  • February 21, 2024

    Hunter Biden Wants Tax Case Nixed For Trump Interference

    Hunter Biden asked a California federal court to drop a set of criminal tax charges against him, saying that former President Donald Trump is improperly driving the prosecution and that politicians are "openly interfering" with the case.

  • February 21, 2024

    3rd Circ. Lets J&J Appeal Class Cert. In Talc Concealment Suit

    Johnson & Johnson can appeal a New Jersey federal court's class certification order from December, the Third Circuit ruled Wednesday, in an investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products.

  • February 21, 2024

    IMedia Gets OK For Ch. 11 Liquidation Plan

    A Delaware bankruptcy judge on Wednesday approved home shopping business iMedia Brands' liquidation plan after hearing objections from unsecured creditors and others had been resolved.

  • February 20, 2024

    Protego Owes Firewall Vendor More Than $1.2M, Suit Says

    A Washington firm that tried and failed to become one of the first federally chartered cryptocurrency banks was hit with a breach-of-contract suit in Delaware federal court late last week by a cybersecurity contractor claiming the banking company failed to pay it more than $1.2 million.

  • February 20, 2024

    Walgreens Defeats $200M Investor Suit Over Insulin Billing

    A Delaware vice chancellor has thrown out a stockholder derivative suit accusing Walgreens directors of ignoring an alleged scheme in which insulin pen prescriptions were overfilled and the government overbilled, ruling that the investors haven't shown that the company's top brass acted in bad faith.

  • February 20, 2024

    Chancery Trounces New Jersey Attys' Bid To Bar Doc Reviews

    A Delaware vice chancellor has pointedly rejected what he called New Jersey discovery rule "exceptionalism" in a dispute over absolute protection claims for documents sought in a suit accusing advisers of siphoning millions from a family-controlled trust briefly chartered in Delaware.

  • February 20, 2024

    $71M Deal Proposed To End Premier Inc. Share Exchange Suit

    Healthcare-purchasing giant Premier Inc. has agreed to a $71 million settlement of a derivative stockholder suit in Delaware's Chancery Court that challenged a $473.5 million payout in a 2020 restructuring, with stockholder attorneys seeking an award of up to $14 million in fees.

  • February 20, 2024

    Pharma Co. Can Get D&O Coverage For Securities Suit

    A pharmaceutical company that developed a drug for rare genetic blood disorders is covered under a recent directors and officers policy for a securities class action, a Delaware state court ruled, rejecting its insurers' contention that the action was related to an SEC subpoena and thus fell under an older policy. 

  • February 20, 2024

    Chancery Won't Block TripAdvisor's Nevada Move

    In a ruling with implications for other Delaware-chartered companies pondering corporate charter relocations, a Delaware vice chancellor on Monday refused to block travel planning giant TripAdvisor Inc.'s reincorporation in Nevada, but kept alive minority stockholder damage claims alleging the vote was unfair and tainted by controller clout.

  • February 20, 2024

    Boomerang In Default For Silence On $7M Del. Contract Suit

    A defunct steel tube plant that failed to respond to a Delaware Chancery Court lawsuit seeking $7.35 million for unpaid invoices was found in default Tuesday after failing to appear in court for more than a year and a half.

  • February 20, 2024

    Pennsylvania Ballots Need Correct Dates, 3rd Circ. Told

    Republican organizations seeking to enforce a Pennsylvania requirement that mail-in ballots have a date and signature on their outer envelope urged the Third Circuit on Tuesday to rule that a district court judge who found more than 10,000 undated or misdated ballots to be valid too broadly applied the materiality provision of the Civil Rights Act.

  • February 16, 2024

    Stop Trying To Relate To Jurors If You Liked Harvard: Judge

    A senior federal district judge from Oregon on Friday urged intellectual property attorneys to stop pretending they can connect with juries when their backgrounds at times make it impossible to do so.

  • February 16, 2024

    Soroc Tech Del. Suit Alleges Fraud In $115M DecisionOne Deal

    Canada-based information technology services provider Soroc Technology Holdings LLC has sued private equity firm Oak Lane Partners and several of its top officers and affiliates in Delaware's Court of Chancery, alleging they were behind an elaborate, $115 million company sale fraud that snared Soroc.

Expert Analysis

  • Del. Ruling Guides On Advance Notice Bylaw Amendments

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    The Delaware Chancery's Court's recent denial of investment fund Paragon Technologies' injunction motion against Ocean Power Technologies underscores the importance of carefully crafting and enforcing corporate advance notice bylaw amendments, especially in light of universal proxy rules, say attorneys at Venable.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Wachtell-X Ruling Highlights Trend On Arbitrability Question

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    A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Justice O'Connor Was Architect of ERISA's Lasting Success

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    U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 5 Privacy And Cybersecurity Resolutions For 2024

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    In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.

  • Fed. Circ. Patent Decisions In 2023: An Empirical Review

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    The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

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