Delaware

  • 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.

  • February 07, 2024

    New Patent Suits Fall To Lowest Level In Over A Decade

    There were fewer patent suits filed in 2023 than in any year for over a decade, a drop that attorneys attribute to wariness among some patent litigants due to funding disclosure rules in one prominent patent venue and changes in how cases are assigned to judges in another.

  • February 07, 2024

    Young KC Chiefs Fan's Parents Sue Deadspin For Defamation

    The parents of a 9-year-old Kansas City Chiefs fan who's Native American have hit sports news publication Deadspin with a defamation lawsuit in Delaware state court accusing it of using a photo of their son, wearing a feather headdress and red and black face paint at a game, out of context in order to label the family "bigots" who hate both Black and Native American people.

  • February 07, 2024

    6th Circ. Won't Rehear Fight Over FERC's Price-Cap Rule

    The Sixth Circuit on Wednesday declined to rehear its December price cap ruling that power supplier groups said is being misconstrued by the Federal Energy Regulatory Commission to argue that the D.C. Circuit's ability to act on related litigation is limited.

  • February 07, 2024

    Longford Argues Patent Settlement Row Must Be Arbitrated

    Litigation funder Longford Capital has asked a Delaware federal court to send its dispute over a settlement with Arigna Technology Ltd. to arbitration, saying the arbitration agreement between the two parties is valid despite the Irish patent holding company's claims otherwise.

  • February 07, 2024

    ​​​​​​​Full Del. High Court Asked To Revive $1.2B Crypto Merger

    Cryptocurrency wallet provider BitGo deserves the chance to go to trial with digital assets firm Galaxy Digital over their broken $1.2 billion merger because the dispute involves complex questions of administrative, agency and securities laws, as well as regulatory guidance, BitGo told Delaware's highest court Wednesday.

  • February 07, 2024

    NGL Deal Adviser Urges Del. Justices To Uphold $36M Verdict

    An attorney for LCT Capital told Delaware's Supreme Court on Wednesday that a $36 million Delaware jury verdict favoring the institutional broker-adviser in a merger services dispute with NGL Energy Partners should carry "enormous" weight on its second appeal despite client protests.

  • February 07, 2024

    Matterport Stockholders Say Officials Wrongly Cashed $225M

    Shareholders of 3D model maker Matterport Inc. accused top company officials in Delaware Chancery Court of self-dealing by paying themselves performance rewards following a 2021 merger, even though the company hadn't met benchmarks to allow them to cash out $225 million in shares.

  • February 07, 2024

    3rd Circ. Says Bankruptcy Claim Didn't Break Small Loan Law

    The Third Circuit said Wednesday that a debt collector didn't violate a law prohibiting extortionate rates on small loans by seeking to collect the balance of a man's debts through a claim in his bankruptcy after it had been written off by his original lender.

  • February 07, 2024

    GOP Sens. Probe 3rd Circ. Pick's Ties To Rutgers Program

    Republicans on the Senate Judiciary Committee are looking into a Rutgers Law School program at the center of their objections to the president's nominee for the Third Circuit, who would be the first Muslim federal appeals court judge if confirmed.

  • February 07, 2024

    Del. Justices Uphold Clovis Holdings Cash-Drain Claims

    The Delaware Supreme Court on Wednesday upheld, without elaboration, a Chancery Court award of nearly $7.8 million in damages, fees and prejudgment interest to the sole investor in a stone powder-based paper investment venture that was allegedly drained of cash by insiders.

  • February 07, 2024

    Bybit Wants $953M FTX Suit Axed For 'Threadbare' US Ties

    Cryptocurrency exchange Bybit Fintech Ltd. has urged a Delaware bankruptcy judge to throw out an FTX lawsuit that aims to recover $953 million that Bybit and affiliates allegedly raced to withdraw before FTX collapsed, arguing that the case has "no connection" to the U.S. and even if it did, FTX's claims all fail.

  • February 07, 2024

    Imerys, Cyprus Mines Get Extension For Ch. 11 Mediation

    A Delaware bankruptcy judge Wednesday gave bankrupt talc supplier Imerys Talc America and its former owner Cyprus Mines another three weeks in mediation to try to resolve what they said were outstanding insurance issues and prepare for a creditor vote on their Chapter 11 plans.

Expert Analysis

  • 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.

  • Opinion

    Activist Short-Sellers Are The Dark Knights Of Wall Street

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    While so-called activist short-sellers have been subject to increased scrutiny in recent years, these investors work in the shadows like Batman to expose fraud on Wall Street, often generating leads that may move regulators to take action, say attorneys at Labaton Sucharow.

  • Managing ANDA Venue Issues As Del. And NJ Filings Rise

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    Delaware and New Jersey have prevailed as the primary forum for pharmaceutical litigation as more generic companies file abbreviated new drug applications, but this venue scheme presents traps for the unwary, and legislation may still be necessary to ensure fairness and predictability, say Timothy Cook and Kevin Yurkerwich at WilmerHale.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Chancery's 'Unfair Deal, Fair Price' Ruling Part Of A Trend

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    The Delaware Court of Chancery's recent decision in In re: Straight Path Communications is the latest in a line of recent post-trial rulings by the court that seem to prioritize a fair price in determining damage awards — even when a transaction has been clouded by an unfair process, say attorneys at V&E.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

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