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Delaware
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July 11, 2024
Meet Del. Federal Court's Newest Magistrate Judge
The newest magistrate judge in Delaware's federal district court is a former law clerk to another judge in the courthouse, and also previously served as an intellectual property attorney at Morris Nichols Arsht & Tunnell LLP.
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July 10, 2024
3rd Circ. Says Pretrial Detention Bars Bid For Removal Relief
A split Third Circuit on Wednesday refused to revive a Honduran man's bid for deportation relief, saying the over 1,000 days he spent in detention before being sentenced for sexually assaulting his stepdaughter barred him from showing good moral character.
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July 10, 2024
Skin Care Tech Co. Says Suit Shows 'Rough' Year, Not Fraud
Skin care and beauty technology company Cutera Inc. asked a federal judge to toss a shareholder lawsuit that alleged the company exaggerated its financial sustainability and hid compliance issues, saying the company's "rough" year does not establish securities fraud.
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July 10, 2024
3rd Circ. Questions Authority Of Fish Management Councils
The Third Circuit on Wednesday grappled with whether the "Fishery Management Councils" that set plans and limits for ocean fisheries are merely advisers to the commerce secretary or if they're empowered enough for their members to be subject to Senate confirmation, with one judge suggesting that the panels are essentially "toothless."
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July 10, 2024
Thoma Bravo's Qualtrics Bid Fell Short, SAP Tells Chancery
Thoma Bravo LP may have offered $1.2 billion more than Silver Lake Management to buy Qualtrics International Inc. from software company SAP SE in 2023, but other aspects of the bid were less attractive than Silver Lake's $12.5 billion offer, an attorney for SAP directors told Delaware's Court of Chancery on Wednesday.
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July 10, 2024
Redbox Parent To Liquidate After 'Train Wreck' Mismanagement
Attorneys for the parent of Redbox Entertainment on Wednesday told a Delaware bankruptcy judge that "massive mismanagement" of the DVD rental company had left them with no choice but to ask for conversion of the Chapter 11 case to a Chapter 7 liquidation, with lenders unwilling to extend new financing amid doubts about the remaining value of the firm.
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July 10, 2024
Intel Asks Del. Court To Affirm It Has License To VLSI Patents
Intel has launched a suit in Delaware federal court asking for an order that it already has a license to various VLSI patents, the latest in a sprawling legal fight between the two parties over microchips.
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July 10, 2024
Nike Wins Another Look At TM Atty Fees Ruling At 3rd Circ.
The Third Circuit on Wednesday undid a $5 million attorney fee award to a Pennsylvania clothing manufacturer that sued Nike Inc. for trademark infringement, ordering a federal trial court to look more closely at the specifics of the case to determine if the outcome was truly "exceptional."
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July 10, 2024
Margolis Edelstein Fights Bid To Revive Malpractice Suit
An attorney representing Margolis Edelstein told the Delaware Supreme Court on Wednesday that an insurer's malpractice suit against the law firm shouldn't be revived as the firm's purported negligence wasn't the reason the insurer settled an underlying dispute for $1.2 million.
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July 10, 2024
Teamsters Lose 3rd Circ. Fight Over Belated Wage Grievance
The Third Circuit on Wednesday issued a rare opinion declining to enforce a union's arbitration win, saying a Teamsters unit waited too long to challenge a cemetery operator's read of their new contract's raise language.
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July 09, 2024
Ford Must Face Class Claims Over Oil Pump Defect
Ford must continue facing a proposed class action alleging it sold EcoBoost engine vehicles with faulty oil pumps after a Delaware federal judge on Monday largely denied the automaker's bid to dismiss the case, permanently tossing only one claim that alleged violations of Michigan's Consumer Protection Act.
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July 09, 2024
Hunter Biden Yanks New Trial Bid Feds Blasted As 'Laughable'
Hunter Biden yanked his bid for a new trial Tuesday that he argued was warranted based on the district court's purported lack of jurisdiction after a jury found him guilty of felony gun charges, retracting his motion and siding with Delaware federal prosecutors' reasoning after they slammed his arguments as "laughable."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Expert Analysis
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Regulatory Trends Offer 4 Lessons For Debt Relief Providers
A string of enforcement actions, including a New York lawsuit filed last month by seven states and the Consumer Financial Protection Bureau, underscore the regulatory scrutiny that debt relief and credit repair companies face and offer important lessons on telemarketing and deceptive practices compliance, say attorneys at Sheppard Mullin.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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5 Lessons For SaaS Companies After Blackbaud Data Breach
Looking at the enforcement actions that software-as-a-service provider Blackbaud resolved with state attorneys general, the U.S. Securities and Exchange Commission and the Federal Trade Commission in the past year can help SaaS companies manage these increasingly common forms of data breaches, say attorneys at Orrick.
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Del. Ruling Stands Out In Thorny Noncompete Landscape
In Cantor Fitzgerald v. Ainslie, the Delaware Supreme Court last month upheld the enforceability of forfeiture-for-competition provisions in limited partnership agreements, providing a noteworthy opinion amid a time of increasing disfavor toward noncompetes and following a string of Chancery Court rulings deeming them unreasonable, say Margaret Butler and Steven Goldberg at BakerHostetler.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Understanding SEC's Focus Amid Lack Of Final AI Rules
Although the U.S. Securities and Exchange Commission's proposed rules to govern artificial intelligence are likely far from being finalized, understanding existing regulatory provisions that could address AI risks with respect to development, disclosure, compliance and data protection could help firms anticipate and avoid pitfalls, say attorneys at Skadden.
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Del. Segway Dismissal Suggests Execs Not Liable For Biz Risk
While the debate continues within the Delaware Chancery Court over whether Caremark liability applies to matters of pure business risk, the court's recent rejection of Segway’s suit against the ex-president who oversaw financial difficulties suggests the court is uninterested in undermining the deference the business judgment rule grants corporate fiduciaries, say attorneys at Dechert.
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ChristianaCare Settlement Reveals FCA Pitfalls For Hospitals
ChristianaCare's False Claims Act settlement in December is the first one based on a hospital allegedly providing private physicians with free services in the form of hospital-employed clinicians and provides important compliance lessons as the government ramps up scrutiny of compensation arrangements, say attorneys at Sheppard Mullin.
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Texas Ruling Clarifies That Bankruptcy Shields LLC Rights
A Texas bankruptcy court’s recent ruling in In re: Envision makes it clear that the Bankruptcy Code preempts a section of Delaware state law that terminates a member’s interest in an LLC upon a bankruptcy filing, clarifying conflicting case law, say Larry Halperin and Joon Hong at Chapman and Cutler.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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Debt Collector Compliance Takeaways From An FDCPA Appeal
A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Exploring The Foreign Discovery Trend In Delaware
Despite a U.S. Supreme Court decision limiting the use of Section 1782, recent trends from a Delaware federal court suggest that Delaware remains an appealing forum for such foreign discovery requests, says Florentina Field at Abrams & Bayliss.