Delaware

  • February 01, 2024

    Spinal Implant Maker Eyes Ch. 11 Wind-Down In Del.

    Biotechnology firm InVivo Therapeutics Corp. petitioned for Chapter 11 protection in Delaware's bankruptcy court Thursday, saying it intends to wind down after abandoning the development of its primary product, an implant to treat spinal cord injuries.

  • February 01, 2024

    Shlansky Law Nets $6.3M Legal Fee In Jenzabar Settlement

    Shlansky Law Group LLP attorneys who won an eight-year educational software investor action targeting an LLC managing member's failure to exercise warrants for Jenzabar Inc. stock will collect $6.3 million for their work under a Delaware Court of Chancery order for a $25.5 million-plus payout to shareholders.

  • February 01, 2024

    3rd Circ. Backs NJ Town's Abortion Clinic Buffer Zones

    The Third Circuit has stood by a New Jersey town's ordinance creating eight-foot buffer zones around healthcare facilities that protesters cannot enter, rejecting arguments from an anti-abortion activist that the zones restricted her free speech rights by stopping her from following women seeking abortions all the way to the door.

  • February 01, 2024

    Indian Tech Giant Byju's US Unit Hits Ch. 11 With $1.5B Debt

    A U.S. unit of Indian educational technology giant Byju's filed for Chapter 11 protection in a Delaware bankruptcy court Thursday with nearly $1.46 billion in debt, three months after the Delaware Chancery Court judge put its lenders in charge of the company.

  • February 01, 2024

    Remine Shareholder Sues In Del. Over $53.5M MLS Merger

    A shareholder of a real estate services platform acquired by five multiple listing services in 2021 sued the company's founders and directors in Delaware's Court of Chancery, alleging that they structured the $53.5 million sale for their own benefit at the expense of common stockholders.

  • February 01, 2024

    Musk Wants Investor Vote To Move Tesla From Del. To Texas

    Tesla CEO Elon Musk said Thursday the company will immediately move to hold a shareholder vote to transfer its state of incorporation from Delaware to Texas, shortly after Delaware's chancellor struck down Musk's proposed $55 billion Tesla pay package.

  • January 31, 2024

    Showtime Sued Over Portrayal In 'George & Tammy' Series

    Showtime's recent series about country singers George Jones and Tammy Wynette runs afoul of the non-disparagement clause in a yearsold settlement by portraying Wynette's fifth husband, songwriter and producer George Richey, as "the villain," according to a suit by Richey's widow and daughter filed Wednesday in Delaware's Court of the Chancery.

  • January 31, 2024

    3rd Circ. Affirms Trimming Of Probate Claims In Estate Row

    The Third Circuit said on Wednesday that a federal court should not exercise authority over a disputed estate while a state court has custody and is adjudicating a parallel case, finding that a Pennsylvania district court got it right when it declined to intervene in an inheritance dispute connected to a law firm's alleged mismanagement of an estate.

  • January 31, 2024

    Chancery's Musk Ruling Could Dim Superstar Execs' Shine

    When the Delaware Chancery Court scuttled Elon Musk's $55 billion Tesla compensation package in a first-of-its-kind ruling, experts said it was a "groundbreaking" move that checks the clout of superstar celebrity CEOs and their boardroom allies and could blunt their power against shareholders, experts told Law360.

  • January 31, 2024

    Renewable Lumber Biz Can Tap $12M Of DIP For Ch. 11 Plan

    Renewable lumber producer Restoration Forest Products Group LLP received interim approval from a Delaware bankruptcy judge on Wednesday for its $93.3 million debtor-in-possession loan, keeping it on track to confirm a prepackaged Chapter 11 plan in March.

  • January 31, 2024

    FTX Intends To Pay Customers In Full Under New Ch. 11 Plan

    Attorneys for bankrupt cryptocurrency exchange FTX Trading Ltd. told a Delaware judge on Wednesday that it intends to file a new Chapter 11 plan that projects payment in full for all customers and general unsecured creditors.

  • January 31, 2024

    FTX Can Estimate Digital Claims In US Dollars, Judge Says

    Bankrupt cryptocurrency exchange FTX Trading Ltd. can estimate the value of digital asset claims of customers in U.S. dollars after a Delaware judge said Wednesday that conducting individual valuations of each claim would be costly and time-consuming.

  • January 31, 2024

    NYC Developer Gets OK To Seek Votes For Ch. 11 Plan

    The developer of a stalled construction project in New York City's West Chelsea can solicit votes on its most recent Chapter 11 plan, which includes an $87.4 million sale of the property, a Delaware bankruptcy judge said at a hearing Wednesday.

  • January 31, 2024

    Terraform Says Impending SEC Fine Proves It's In Distress

    Cryptocurrency company Terraform Labs told a Delaware bankruptcy judge on Wednesday the mere fact it could face a ruinous U.S. Securities and Exchange Commission fine in the future justifies Chapter 11 protection today, arguing a recent judgment in favor of the regulatory agency attests to its financial distress.

  • January 31, 2024

    3rd Circ. Probes Power Of EPA Advisory In Chemours Fight

    Chemours Co. FC LLC asked a Third Circuit panel Wednesday during an oral argument to endorse their position that a U.S. Environmental Protection Agency health advisory over the company's chemicals carries the same weight as the law, forcing the business into compliance with de facto regulation.

  • January 31, 2024

    Fed. Circ. Affirms SmartSky Can't Block 5G Network

    The Federal Circuit has backed a Delaware federal judge's decision that denied SmartSky's motion for a preliminary injunction against rival in-flight internet provider Gogo in an infringement suit over 5G patents.

  • January 31, 2024

    JPMorgan Directors Seek Toss Of Zelle Fraud Suit In Del.

    A shareholder lawsuit accusing JPMorgan Chase & Co. of ignoring fraud complaints about peer-to-peer banking platform Zelle cites only a few news articles and a congressional hearing as "red flags" that directors allegedly missed, falling "well short" of a valid claim, the directors' attorney told Delaware's Court of Chancery Wednesday.

  • January 31, 2024

    Power Cos. Tell 3rd Circ. FERC Was Locked Into Auction Rules

    Electricity providers told a Third Circuit panel in oral argument Wednesday that the Federal Energy Regulatory Commission improperly changed its rules on the fly in 2023 in order to tweak the results of a PJM Interconnection electricity capacity auction, arguing that once the auction procedures were set, the agency should have been bound to stick with them.

  • January 30, 2024

    Clorox, Brita Can't Beat Filter 'Patent Ambush' Antitrust Suit

    A Pennsylvania federal judge on Tuesday ordered that Clorox Co. and its Brita brand must face an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying there is not enough overlap between the antitrust suit and Brita's patent infringement suit in Delaware to either dismiss or transfer venues.

  • January 30, 2024

    Chancery Denies Dismissal Of $1.3B Paysafe De-SPAC Suit

    A stockholder challenge to the blank-check company deal that took payment platform Paysafe Group public in 2021 survived dismissal arguments Tuesday, in a from-the-bench Delaware's Court of Chancery finding that the case raised reasonably conceivable disclosure claims about the $1.3 billion deal.

  • January 30, 2024

    Lordstown Wants More Time To File Ch. 11 Plan

    Electric truckmaker Lordstown has asked a Delaware bankruptcy judge to give the Ohio company additional time to submit a Chapter 11 plan before anyone else is allowed to do so in its case, saying negotiations have been productive and that the extra time will allow the parties to resolve disputes over the plan.

  • January 30, 2024

    Patent Holding Firm Says Fight With Funder Belongs In Court

    An Irish patent holding company is fighting litigation funder Longford Capital's bid to force it to arbitrate a dispute over the proceeds of a settlement that ended certain patent litigation, telling a Delaware federal court in a brief made public on Tuesday that it never agreed to those terms.

  • January 30, 2024

    American Axle Wins $4M Patent Verdict After Eligibility Battle

    American Axle has been awarded $4 million at a trial in Delaware where jurors found that its vehicle driveshaft patent was infringed by Neapco, a win for the company after a controversial ruling invalidated some parts of the patent for claiming only a natural law.

  • January 30, 2024

    Injured Man Can't Sue Deli Insurer For Payment, 3rd Circ. Says

    The Third Circuit ruled Tuesday that the insurer of a Philadelphia deli doesn't have to indemnify the owner for a $900,000 settlement between him and a man who sued after being stabbed on the premises, reasoning that the victim was barred from relitigating the same issues with the insurance company.

  • January 30, 2024

    Sex Toy Maker Claims Rival Lied About IP Deal After Jury Loss

    Sex toy maker WOW Tech is accusing EIS of lying to distributors by telling them it has the right to sell certain products a jury previously found infringed WOW Tech's patents, according to a suit entered Monday in Delaware federal court.

Expert Analysis

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • FLSA Ruling Highlights Time Compensability Under State Law

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    While the Third Circuit's August decision in Tyger v. Precision Drilling endorsed the prevailing standard among federal courts regarding time compensability under the Fair Labor Standards Act, it also serves as a reminder that state laws will often find a broader range of activities to be compensable, say Ryan Warden and Craig Long at White and Williams.

  • What UCC Article 12 Adoption Means For Digital Assets

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    Until it is widely adopted, both owners of digital assets and their secured lenders will need to exercise caution in jurisdictions that have adopted Uniform Commercial Code Article 12, and care will need to be taken when creating, transferring and managing digital assets to comply with its requirements, say Margo Tank and David Whitaker at DLA Piper.

  • USW Ruling Highlights Successor Liability In Bankruptcy Sale

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    A Delaware federal court's recent decision in United Steelworkers v. Braeburn is important for potential asset purchasers in Section 363 bankruptcy sales as it found the purchaser was subject to obligations under the National Labor Relations Act notwithstanding language in the sale approval order transferring the debtor's assets free and clear of successor liability, say attorneys at Arnold & Porter.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • 5 Takeaways From Bellwether AI Copyright Case

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    A Delaware federal court's ruling last week in Thomson Reuters v. ROSS is the first summary judgment ruling regarding fair use of copyrighted material to train generative artificial intelligence models and provides an early glimpse of how an appeals court judge views key generative AI copyright issues, says Michael Justus at Katten.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Appellate Rulings Highlight Telecom Standard Uncertainties

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    Two recent contrasting appellate opinions in Cellco v. White Deer Township and NMSurf v. Webber — interpreting Sections 332 and 253 of the Communications Act, respectively — demonstrate the continuing uncertainty carriers face when challenging state and local requirements that may impede their provision of telecommunications services, say attorneys at Davis Wright.

  • 2 Cases May Expand CFPB's Reach On Deceptive Practices

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    In two separate cases, the Consumer Financial Protection Bureau is asserting a broad interpretation of who is subject to the Consumer Financial Protection Act's prohibition on unfair, deceptive, or abusive acts and practices, raising questions about what an expansion of its authority might mean for consumer credit markets, say John Coleman and Leslie Meredith at Orrick.

  • Why Calif. Applying Del. Caremark Standard Is A Big Deal

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    A California court of appeal’s recent Kanter v. Reed ruling, which found for the first time that Delaware's Caremark standard is consistent with California law, demonstrates the importance of creating and using board-level reporting mechanisms that fulfill oversight duties, say attorneys at Morgan Lewis.

  • Exclusivity Loss Holds Power In Trade Secret Damages Claims

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    A Pennsylvania federal court's recent decision in Elite Transit v. Cunningham adds to a growing body of case law that illustrates how the loss of trade secret exclusivity alone may be sufficient for claiming damages, even when commercialization of a trade secret has not occurred, say Christopher DeBaere and Julia Bloch at Archway Research.

  • Section 363 Ruling Lines Up With Avoidance Action Precedent

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    While it is safe to say that avoidance actions in bankruptcy cases are the exception, not the rule, when selling assets in a Section 363 sale, the Eighth Circuit’s recent ruling in Simply Essentials’ Chapter 5 case reveals uniformity among courts that have considered the issue, says Daniel Lowenthal at Patterson Belknap.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

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