Delaware

  • February 09, 2024

    NH Wood-Fired Power Plant Hits Ch. 11 With $173M Of Debt

    A biofuel-powered generation plant in New Hampshire filed for Chapter 11 protection Friday in Delaware after a dispute with the purchaser of its power cut off significant revenue flows, leaving it unable to service about $173 million in secured debt.

  • February 09, 2024

    Eargo Investors Sue In Del. For Patient Square Merger Docs

    Two shareholders of California medical device company Eargo Inc. sued in Delaware's Court of Chancery on Thursday, seeking books and records to investigate potential wrongdoing and breaches of fiduciary duties in connection with a pending buyout by controlling shareholder Patient Square Capital LP.

  • February 09, 2024

    Boy Scouts' Abuse Victims Ask Justices To Halt Ch. 11 Plan

    Childhood sexual abuse survivors on Friday asked the U.S. Supreme Court to halt the Boy Scouts' bankruptcy plan and its fast-approaching claims deadline because they would be forced to waive liability for third parties, saying the high court is considering the same issue in the Purdue Pharma appeal.

  • February 09, 2024

    Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win

    In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.

  • February 08, 2024

    Hudson City Investors Lose Cert. In $3.7B M&T Merger Suit

    A proposed investor class can't be certified in a suit alleging M&T Bank Corp. and Hudson City Bancorp Inc. hid regulatory problems that led to a yearslong delay of their $3.7 billion merger over a decade ago, a federal judge said after finding his previous order to certify the class "clearly erred in applying the Third Circuit's legal standard."

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 08, 2024

    Union Fund Sues Pioneer For Docs In $59B ExxonMobil Deal

    Oil and natural gas company Pioneer Natural Resources has been sued for its books and records in the Delaware Court of Chancery by a pension fund alleging that the company's officers and directors breached their fiduciary duties as the company negotiated a $59.5 billion deal to be acquired by oil giant Exxon Mobil Corp.

  • February 08, 2024

    AgileThought Gets Initial OK For Rolling Ch. 11 Dismissals

    Technology firm AgileThought Inc. can dismiss 19 of 32 consolidated Chapter 11 cases, a Delaware bankruptcy judge ruled Thursday, adding that she wanted to make sure all administrative creditors had some form of notice before she signed off on a process for future dismissals.

  • February 17, 2023

    2022 Patent Litigation: A Year In Review

    The Western District of Texas maintained its title as the busiest court for patent litigation in 2022, patent case filings held steady and appeals of district court patent decisions took a dip last year. Check out Law360's coverage of a new report on U.S. patent litigation, with revealing details about the most influential law firms, courts and tactics.  

  • February 08, 2024

    Blade Air Investor Sues KSL Capital, Others Over SPAC Deal

    A shareholder of urban air transport venture Blade Air Mobility Inc. on Thursday filed a lawsuit in Delaware's Court of Chancery against key figures of the special-purpose acquisition company that took it public, along with the deal's sponsor KSL Capital Partners.

  • February 08, 2024

    Canadian News Co.'s US Entities Lose Ch. 15 Recognition Bid

    Three Chapter 15 debtors that publish local newspapers in Hawaii and Washington failed to receive Chapter 15 recognition Thursday, after a Delaware bankruptcy judge found they have strong ties to the U.S. and virtually no meaningful connection to their Canadian parent company.

  • February 08, 2024

    Del. Chancery Questions Broker's 'Ornate' Board Control Fix

    Bylaw amendments adopted by insurance broker BRP Group Inc. in response to a shareholder's complaint that its co-founders wielded too much control over the company's board may have "narrowed" the problem but did not necessarily eliminate it, a Delaware Chancery Court vice chancellor said Thursday at a hearing in Wilmington.

  • February 08, 2024

    Rockport Asks Judge To Dismiss Ch. 11 After $52M Asset Sale

    Defunct-shoemaker The Rockport Co. asked a Delaware bankruptcy judge to dismiss its Chapter 11 case, saying that it has no remaining assets of value after using more than $52 million in sale proceeds to pay down senior secured obligations.

  • February 08, 2024

    Lucky Bucks Ch. 7 Trustee Seeks Docs About $237M Payout

    A Delaware bankruptcy judge should let the liquidating trustee for bankrupt gambling machine operator Lucky Bucks Holdings LLC examine its former subsidiary to evaluate whether he can recover anything related to over $237 million in allegedly fraudulent transfers to insiders, the trustee told the court.

  • February 08, 2024

    Creditors Say Don't Reorder Priority Scheme In Citgo Auction

    Creditors of Venezuela that are favorably positioned to recoup billions of dollars they're collectively owed in an upcoming auction for control of U.S. oil giant Citgo urged a Delaware federal judge on Wednesday not to grant a hedge fund's request for a "more equitable" distribution of the proceeds.

  • February 08, 2024

    Investors Sue In Del. For Cartesian Therapeutics Vote Hold

    Stockholders of early-stage biotech venture Cartesian Therapeutics Inc. sought a Delaware Court of Chancery order Wednesday to enjoin a meeting on a planned post-merger stock conversion and reverse split, pending additional disclosures on equity valuations.

  • February 08, 2024

    Kidde-Fenwal's Ch. 11 Fee Examiner OKs $20.4M For 15 Firms

    The fee examiner appointed in fire-suppression company Kidde-Fenwal's Chapter 11 case has recommended that a Delaware bankruptcy judge approve $20.4 million in pay for 15 firms working on the proceedings, after they agreed to cut their requested compensation by about $333,000.

  • February 08, 2024

    These Firms Are Leading In Patent Litigation Work

    A Houston-based intellectual property firm filed the most patent suits over the last three years in the U.S., while a well-established boutique again took the top spot as the firm defending the most patent litigation during the same period, according to a new Lex Machina report.

  • February 08, 2024

    These Firms Are Leading In PTAB Work

    An intellectual property heavyweight landed more work at the Patent Trial and Appeal Board than any other firm in the U.S. between 2021 and 2023, according to a new report.

  • February 08, 2024

    Oracle Stockholders Lose Bid For $5M 'Mootness' Fee

    The Delaware Chancery Court has denied a $5 million attorney fee request by Oracle stockholders who lost a lawsuit that alleged the software giant overpaid for its $9.3 billion acquisition of Netsuite, rejecting the investors' contention that they deserve an award for prompting the company to appoint two new independent directors.

  • February 08, 2024

    Del. Justices Say Healthcare Co. Must Pay Ex-CEO's Fees

    The Delaware Supreme Court affirmed a Chancery Court decision ordering a medical claims management company to pay the legal fees of its ex-CEO after he was found liable for breaching his fiduciary duties.

  • February 08, 2024

    Justices Rule Gov't Agencies Not Immune From FCRA Suits

    The U.S. Supreme Court ruled Thursday that a person can sue a government agency under the Fair Credit Reporting Act, because the law's 1970 definition of a "person" was sufficient to waive the government's immunity.

  • February 08, 2024

    Deal In Renovation Row Should've Been In Writing, Attys Told

    A Delaware Superior Court judge has offered a cautionary lesson to counsel representing a construction company that contended it had reached an enforceable agreement with a homeowner in a renovation dispute: You should have gotten the deal in writing.

  • February 07, 2024

    Hose Co. Says Patent Battle Raises Ethical Questions

    A company that sells flexible, retractable hoses has told the director of the U.S. Patent and Trademark Office that a rival's latest legal maneuver in their decadelong patent war "presents a substantial threat to the integrity of the patent system."

  • February 07, 2024

    EDTX Eclipses WDTX As Top Patent Venue

    The Eastern District of Texas in 2023 surpassed the state's Western District as the most popular venue for patent litigation nationally, now that patent cases are no longer automatically assigned to a prominent judge in Waco, according to new data from Lex Machina.

Expert Analysis

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

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    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • The 4 Top Philadelphia Commerce Court Opinions Of 2023

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    Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.

  • Understanding Advance Notice Bylaws Is Key For All Parties

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    Recent developments in Delaware case law show that advance notice bylaws will be strictly construed and that Delaware courts will generally uphold clear, unambiguous bylaws adopted and applied reasonably, a lesson for both companies and stockholders alike as the number of companies rejecting director nominations by dissident stockholders has increased, say attorneys at MoFo.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

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    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Del. Insurance Co. Liquidation Reveals Recovery Strategies

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    Arrowood's recent liquidation in the Delaware Chancery Court offers a positive development for policyholders and claimants, providing access to guaranty association protections amid the company's demise, say Timothy Law and Ann Kramer at Reed Smith.

  • What 3rd Circ. Gets Wrong About Arbitration Enforcement

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    The Third Circuit and other courts should correct their current law, exemplified by the Third Circuit's recent decision in Henry v. Wilmington Trust, requiring a motion to dismiss based on an arbitration clause because it conflicts with the Federal Arbitration Act, the Federal Rules of Civil Procedure, and — with regard to the improper-venue approach — U.S. Supreme Court precedent, says David Cinotti at Pashman Stein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Key To Defending Multistate Collective FLSA Claims

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    Federal circuit courts are split on the reach of a court's jurisdiction over out-of-state employers in Fair Labor Standards Act collective actions, but until the U.S. Supreme Court agrees to review the question, multistate employers should be aware of a potential case-changing defense, say Matthew Disbrow and Michael Dauphinais at Honigman.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Rockport Ch. 11 Highlights Global Settlement Considerations

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    A Delaware bankruptcy court’s recent rejection of Rockport’s proposed settlement serves as a reminder that there is a risk that a global settlement executed outside of a plan may be rejected as a sub rosa plan, but shouldn’t dissuade parties from seeking relief when applicable case law supports approval, says Kyle Arendsen at Squire Patton.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

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