Delaware

  • July 09, 2024

    Chancery OKs $100K Incentive Fee In $18.8M Class Settlement

    An $18.8 million settlement ended Tuesday a Delaware Court of Chancery derivative suit alleging a $220 million breach of fiduciary duty by Guggenheim Funds Investment Advisors LLC and trustees of a closed-end fund client, with the court also approving a rare $100,000 plaintiff incentive fee.

  • July 09, 2024

    3rd Circ. Says Creditor Can't Get Privileges In Citgo Sale

    The Third Circuit on Tuesday nixed a bid by a creditor owed some $260 million by Venezuela's state-owned oil company for special participation privileges as an auction looms for Citgo's parent company to satisfy billions of dollars in Venezuelan debt.

  • July 09, 2024

    HEC Can't Get Damages Over Injunction In Novartis Feud

    A Delaware federal court on Tuesday shot down HEC Pharm Co.'s bid for damages stemming from a preliminary injunction against it over the launch of a generic version of Novartis Pharmaceuticals' blockbuster multiple sclerosis treatment Gilenya.

  • July 09, 2024

    3rd Circ. Rips 2nd Circ. In Asset Freeze Ruling For SEC

    The Third Circuit is standing by a lower court's decision to freeze a private equity executive's assets as he fights insider trading claims brought by the U.S. Securities and Exchange Commission, criticizing its sister circuit's approach to handling such issues in a precedential ruling Tuesday.

  • July 09, 2024

    NJ Panel Revokes Coverage For Pharma Co. In Fraud Row

    A pharmaceutical company isn't covered for underlying accusations that it was a middleman in a self-dealing scheme orchestrated by its now-deceased board chairman, a New Jersey state appeals court ruled Tuesday, reversing a decision that a capacity exclusion in the company's directors and officers policy didn't apply.

  • July 09, 2024

    Glocal Says UpHealth Coerced Acquisition In Ch. 11 Suit

    Indian healthcare network Glocal said its majority owner, bankrupt telemedicine tech company UpHealth, lied about business delays and exaggerated its finances as leverage in a 2020 acquisition, alleging in a Delaware bankruptcy court lawsuit that UpHealth and its executives eroded $200 million in value and failed to uphold their end of a share purchase agreement.

  • July 09, 2024

    Del. Chancellor Sends SwervePay Merger Suit Toward Trial

    Delaware's Court of Chancery on Tuesday rejected dismissal for an amended complaint filed by e-payment venture SwervePay accusing buyers affiliated with payment collection business Ontario Systems LLC of overstating by tens of billions revenue-producing transactions expected under a proposed 2020 tie-up.

  • July 09, 2024

    Chancery Gives X Corp. One Week To Redact Twitter Docs

    X Corp. has a little over a week to prepare public versions of sealed court documents from Twitter Inc.'s 2022 battle with Elon Musk over his $44 billion acquisition bid, after a legal research website challenged the ongoing confidential treatment of the Delaware Chancery Court filings.

  • July 09, 2024

    3rd Circ. Questions DuPont Family Trust's ERISA Status

    In a hearing Tuesday about a dispute between the DuPont family and its domestic workers over trust money, Third Circuit judges quizzed both sides on the level of involvement needed from trustees or the family for the fund to be considered a plan covered by the Employee Retirement Income Security Act.

  • July 09, 2024

    Fed. Circ. Won't Revive Patent Fights Against Dating Apps

    The Federal Circuit on Tuesday quickly shot down appeals from a patent litigation outfit trying to breathe life back into its failed legal campaign against a handful of prominent dating apps.

  • July 09, 2024

    2 Cooperators In Bankman-Fried Case To Be Sentenced In Fall

    Two former FTX executives who pled guilty and testified for the government at the trial of Sam Bankman-Fried, the collapsed cryptocurrency exchange's founder, will be sentenced this fall, a New York federal judge said Tuesday.

  • July 09, 2024

    Gov't Missed Merck Vax Potency Problem, 3rd Circ. Told

    Two whistleblowers claiming that Merck & Co. had exaggerated the potency of its mumps vaccine told a Third Circuit panel Tuesday that the U.S. Centers for Disease Control and Prevention's continued purchasing of the vaccine was not proof that the agency knew but didn't care about the alleged deception.

  • July 09, 2024

    Veriwave Telco Faces FCC Action Over 'Tax Relief' Robocalls

    The Federal Communications Commission is moving to block robocalls about purported "tax relief" programs from a Delaware-based telecommunications company, announcing in an order Monday that Veriwave Telco had another 14 days to demonstrate compliance with the agency's rules or risk having downstream providers cut its traffic.

  • July 09, 2024

    Chancery OKs $22M Golden Nugget Deal, Trims Fee To $4M

    Former stockholders of Golden Nugget Online Gaming Inc. who challenged the venture's $1.56 billion all-stock sale in May 2022 to DraftKings Inc. got approval Tuesday to settle their Delaware Chancery Court class action for $22 million cash, with $4 million of it going to class attorneys.

  • July 08, 2024

    Shopify Privacy Ruling Threatens AGs' Work, 9th Circ. Told

    Attorneys general from 30 states and the District of Columbia, along with a trio of California city attorneys, are calling on the Ninth Circuit to revive a proposed class action accusing payment processing company Shopify of collecting shoppers' sensitive information without permission, arguing that the dispute threatens to deprive them of their ability to enforce their states' consumer protection laws. 

  • July 08, 2024

    Biotech Slaps Intellia With IP Suit Over $100M Regeneron Deal

    Biotechnology company BlueAllele Corp. sued Intellia Therapeutics Inc. in Delaware federal court Monday, claiming the rival has infringed on three of its patents related to gene editing and using its invented technology to reap over $100 million under a deal with another biotech, Regeneron Pharmaceuticals Inc.

  • July 08, 2024

    Blank Check Co. Sagaliam Gets Shareholder Suit Trimmed

    A Delaware federal judge on Monday trimmed a shareholder suit brought against blank check company Sagaliam Acquisition Corp. over its planned tie-up with biotech company Enzolytics Inc., saying the plaintiffs failed to adequately plead a breach of fiduciary duty claim.

  • July 08, 2024

    Class Attys Seek 24.4M Tesla Shares For Musk Pay Suit Win

    A stockholder attorney whose team won an order voiding Tesla CEO Elon Musk's $56 billion, stock-based, 10-year compensation package in January urged Delaware's Court of Chancery on Monday to reject as "inherently wrong" the electric vehicle manufacturer's attacks on winning-side, stock-based attorney fee proposals ranging in value from $1.44 billion to more than $7 billion.

  • July 08, 2024

    3rd Circ. Backs Pa. In Transco's Pipeline Permit Review Fight

    The Third Circuit on Monday backed the Pennsylvania state environmental board's authority to review pipeline upgrade permits secured by Transcontinental Gas Pipe Line Co., rejecting the company's assertion that under the federal Natural Gas Act a federal court is the only forum to dispute the issuance of the permits.

  • July 08, 2024

    Biotech Co. Alleges Arbitrator Conflict In Patent Award Fight

    Pennsylvania-based biotechnology company Renmatix Inc. is urging the Delaware Court of Chancery to nix an arbitral award favoring Finnish company UPM-Kymmene Corp. in a long-running patent dispute, pointing to an allegedly undisclosed conflict of interest involving the Finnish company's counsel at DLA Piper.

  • July 08, 2024

    Feds Slam Hunter Biden's 'Laughable' New Trial Bid

    Prosecutors urged a Delaware federal judge Monday to reject Hunter Biden's request for a new trial based on the district court's purported lack of jurisdiction after a jury found him guilty of three felony gun charges last month, slamming Biden's jurisdictional arguments as "laughable" and erroneous.

  • July 08, 2024

    3rd Truth Social Complaint Gets OK, Contempt Hearing Axed

    Two former "Apprentice" contestants who claim to have created Donald Trump's social media app and are now alleging they are being cheated out of their Truth Social equity got Delaware Chancery Court's permission Monday to revise their complaint for a third time against the former president and his media company.

  • July 08, 2024

    3rd Circ. Doubts SEC Properly Served Ponzi Scheme Suspect

    The Third Circuit on Monday appeared skeptical of the U.S. Securities and Exchange Commission's bid to maintain a default judgment against a Swiss resident accused of operating a $1.4 million Ponzi scheme, peppering the agency with questions about how the complaint was served. 

  • July 08, 2024

    Bus Co. Coach Gets $8M Stalking-Horse Bid For More Assets

    An industrial transportation provider submitted a roughly $8 million stalking-horse offer for some of the remaining assets of intercity bus operator Coach USA, as the insolvent company seeks to sell more of its assets while in Chapter 11 in Delaware.

  • July 08, 2024

    Netherlands-Based NXP Cos. Want Out Of Texas IP Suit

    Semiconductor company NXP Semiconductors NV and NXP BV, which are both based in the Netherlands, have said a Texas federal judge should throw out a lawsuit claiming they infringed more than half a dozen patents owned by Redwood Technologies LLC, saying the court doesn't have authority over the foreign companies.

Expert Analysis

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • A Snapshot Of The Evolving Restrictive Covenant Landscape

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    Rachael Martinez and Brooke Bahlinger at Foley highlight recent trends in the hotly contested regulation and enforcement of noncompetition and related nonsolicitation covenants, and provide guidance on drafting such provisions within the context of stand-alone employment agreements and merger or acquisition transactions.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Bankruptcy Courts' Role In Shaping Crypto's Legal Framework

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    Massive financial and criminal liability has led to the recent collapse of major cryptocurrency companies and put bankruptcy courts in the spotlight, underscoring the urgent need for a comprehensive regulatory framework, say Tara Pakrouh and Eric Monzo at Morris James.

  • Timing Is Key For Noninfringing Alternatives In Patent Cases

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    A Texas district court’s recent ruling in Smart Path Connections v. Nokia may affect the timing of expert disclosures and opinion regarding noninfringing alternatives in patent infringement litigation, for both defendants and plaintiffs, says Alexander Clemons at Ocean Tomo.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 2 Recent Suits Show Resiliency Of Medicare Drug Price Law

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    Though pharmaceutical companies continue to file lawsuits challenging the Inflation Reduction Act, which enables the federal government to negotiate for lower prescription drug prices, recent decisions suggest that the reduced drug prices are likely here to stay, says Jose Vela Jr. at Clark Hill.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • How 3 Unfolding Cases Could Affect The Energy Industry

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    Three judicial decisions now in the pipeline — Texas' challenge to the U.S. Environmental Protection Agency's methane regulations, Delaware's climate suit against big energy companies, and a case before the Supreme Court of Texas on royalty lease interpretation — could have important implications for the energy industry, say Michelle Scheffler and Rachael Cox at Skadden.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • An Overview Of Key Financing Documents In Venture Capital

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    The Delaware Chancery Court’s recent Moelis decision highlights the importance of structuring corporate governance around investor demand, meaning early-stage companies seeking venture funding through sales of preferred stock should understand the legal documents needed to do so successfully, say Daniel Bell-Garcia and Tristan Kaisharis at Winstead.

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