Delaware

  • July 31, 2024

    Steward Health Care Gets OK To Close 2 Mass. Hospitals

    A Texas bankruptcy judge Wednesday approved the closure of two Massachusetts hospitals owned by Steward Health Care after the debtor said that it was unable to find buyers for them.

  • July 31, 2024

    Chancery Keeps Challenge To $1.5B Genius Sports Deal Alive

    Stockholders of a blank check company that took sports data company Genius Sports Ltd. public have overcome a bid to spike their Delaware Court of Chancery challenge to the $1.5 billion deal.

  • July 31, 2024

    $7.25M Del. Settlement Offered In $1.35B UpHealth SPAC Suit

    Parties to a Delaware Court of Chancery stockholder suit that challenged a $1.35 billion take-public "blank-check" company merger with Florida-based digital health manager UpHealth Inc. have reached a $7.25 million settlement of all claims, pending court approval, according to an agreement filed Tuesday.

  • July 31, 2024

    Chancery Goes With Deal Price In Exchange Co. Appraisal

    A venture capital firm that sued for an appraisal of its investment in FairXchange Inc. is entitled to $10.42 per share, the same as the $330 million deal price that Coinbase Global Inc. offered when it bought the securities exchange startup in 2022, a Delaware vice chancellor ruled Tuesday.

  • July 31, 2024

    Ex-Byju's Exec Faces $10K Daily Contempt Fine

    A Delaware bankruptcy judge on Wednesday ordered a former executive of the troubled U.S.-based affiliate of Indian educational technology giant Byju's to pay $10,000 a day in contempt sanctions for failing to provide court-ordered discovery, while his attorneys asked for the court's permission to exit the case.

  • July 31, 2024

    Doc 'Muddle' Stalls Trump Media SPAC Figure's Ouster Suit

    Pointing to multiple, conflicting operating agreement versions, a Delaware vice chancellor said she was unable to rule Wednesday on a suit to uphold dismissal of the managing member of a blank check company sponsor for the deal that took former President Donald Trump's social media company public.

  • July 31, 2024

    Del. Justices Reject 'Half-Hearted' Arbitration Bid In Fee Fight

    Delaware's Supreme Court has affirmed a ruling that an entity that invests in tech companies waited too long to try to arbitrate a manager's legal fee advancement suit, rejecting a "half-hearted suggestion" that it was unaware of an arbitration provision until "its third set of counsel" joined the case.

  • July 31, 2024

    5 Trials To Watch In The 2nd Half Of 2024

    Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.

  • July 30, 2024

    Pa. House Majority Leader Fights Robocall Suit At 3rd Circ.

    The Democratic majority leader of the Pennsylvania House of Representatives on Tuesday asked the Third Circuit to undo a ruling that his automated calls informing constituents about government programs violated the Telephone Consumer Protection Act.

  • July 30, 2024

    Amazon Hits Nokia With Cloud-Computing Infringement Suit

    Amazon sued Nokia in Delaware federal court Tuesday alleging the Finnish tech company infringed a dozen of its patents in an effort to make a late entry into the cloud-computing technology field by "leveraging Amazon's innovative solutions" that were developed over decades.

  • July 30, 2024

    Atty Teams Wrestle In Chancery Over WWE Merger Suit Pick

    Two legal tag teams have pitched competing bids to lead a Delaware Court of Chancery suit aimed at World Wrestling Entertainment Inc. and its $21.4 million merger with Ultimate Fighting Championship, with one stressing the depth of its complaint and the other, in part, stressing depth of experience in pressing sexual misconduct claims.

  • July 30, 2024

    FTX Exec Gets Prison Report Date Delayed After Dog Attack

    A New York federal judge on Tuesday allowed ex-FTX executive Ryan Salame to delay his surrender date to begin his prison term from August to October, as he was forced to undergo medical treatment and surgery after being mauled by a German shepherd while visiting a friend's house last month.

  • July 30, 2024

    Vidal Uses Her Arthrex Powers To Address A Typo

    The head of the U.S. Patent and Trademark Office has ordered patent board judges to revisit a ruling on "an obvious typographical error" in a patent used by a Chinese company to try to eject a different patent involved in litigation surrounding programming used in real-time "camera-like" mapping.

  • July 30, 2024

    Chancery Rejects Forte-Camac Deal As 'Not Fair' To Class

    A Delaware Chancery Court judge on Tuesday rejected a settlement between Forte Biosciences Inc. and Camac Partners LLC that would have ended the activist investor's class action over Forte's alleged board entrenchment, finding that the proposed deal gave Camac "unique and personal benefits" that weren't shared with the rest of the class.

  • July 30, 2024

    3rd Circ. Upends Nonprofit's Win In Age, Disability Bias Suit

    The Third Circuit reinstated a lawsuit a drug counselor brought against a nonprofit treatment center that he said refused to hire him because he was in his mid-60s and had a leg disability, ruling Tuesday that the lower court relied on an outdated interpretation of federal civil rights law.

  • July 30, 2024

    $8.5B Gores-Led Metal Packaging Co. SPAC Draws Del. Suit

    A former shareholder of the blank-check company that took Ardagh Metal Packaging Group SA public has packaged up a Delaware Court of Chancery lawsuit seeking damages in the wake of the merged company's stock plunge after going public in an $8.5 billion cash-and-share deal.

  • July 29, 2024

    Genzyme Says Sarepta's Dystrophy Gene Therapy Infringes IP

    Sanofi's biotechnology company Genzyme Corp. hauled Sarepta Therapeutics into Delaware federal court on Friday, alleging Sarepta's gene therapy treatment for Duchenne muscular dystrophy infringed two of its patents for manufacturing certain therapeutics.

  • July 29, 2024

    Truth Social SPAC, Sponsors Battle In Chancery Over Payout

    Attorneys for a founding investor in the special purpose acquisition company that took former President Donald Trump's social media site public told a Delaware vice chancellor Monday the SPAC ignored its charter and withheld information about the deal in order to avoid paying tens of millions in anti-dilution protection.

  • July 29, 2024

    USPS Backs Oshkosh's Sealing Bid In New Vehicle Plan Case

    The U.S. Postal Service on Friday backed Oshkosh Defense's request to seal their confidential supplier contract terms in litigation challenging the agency's decision to replace its aging delivery fleet with only 62% electric vehicles, arguing rivals could use the information to undercut the USPS when negotiating their own supplier contracts.

  • July 29, 2024

    'Words Matter,' Says Judge Upon Ending Intel Patent Suit

    It's lights out for a long-running Delaware patent lawsuit against Intel, after a judge Friday pointed to contradictory language used at the U.S. Patent and Trademark Office and declared that one can't "have his claim and eat it, too."

  • July 29, 2024

    Delaware Hospital Sues State Over 'Unconstitutional' New Law

    The largest hospital system and healthcare provider in Delaware sued the state's governor and other officials in Delaware's Court of Chancery Monday, asserting that newly enacted legislation enabling a government-appointed board to review hospital costs is unconstitutional and should be struck down.

  • July 29, 2024

    Hunter Biden Attys Say They Didn't Mislead Judge In Tax Case

    Hunter Biden's attorneys told a Los Angeles federal judge that while several statements in their motion to dismiss tax charges against the president's son were worded "perhaps inartfully," they never intended to mislead the court in a way that would merit sanctions.

  • July 29, 2024

    Catching Up With Delaware's Chancery Court

    Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.

  • July 29, 2024

    3rd Circ. Says Jury Must Weigh Ex-Philly ADA's Vax Bias Case

    A jury will have to determine whether the Philadelphia District Attorney's Office was following a neutral, general policy when it denied an employee's religious exemption from its COVID-19 vaccination mandate, or whether D.A. Larry Krasner harbored anti-religious bias in the decision, the Third Circuit ruled Monday.

  • July 29, 2024

    Machine Toolmaker Hardinge Files Ch. 11 With Plans To Sell

    New York-based metal-cutting machine toolmaker Hardinge Inc. filed for Chapter 11 protection in Delaware bankruptcy court Monday with more than $100 million in debt and plans for a bankruptcy sale.

Expert Analysis

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • 3 Strategies For Aggressive Judgment Enforcement

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    As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

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    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

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    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

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    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

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    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • The Questions Around Prometheum's SEC-Compliant Strategy

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    While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.

  • NY, Del. May Be Trending Against Noncompete Enforceability

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    While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Del. Ruling Features Valuable Analysis For IPR Estoppel Args

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    Last month, the District Court of Delaware held in Prolitec v. ScentAir Technologies that IPR estoppel does not apply to device art, and the analysis in the case provides welcome illumination for how IPR estoppel arguments should be decided, says Chris Ponder at Sheppard Mullin.

  • Del. Dispatch: Efforts Clause Trumps Contractual Right

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    The Delaware Court of Chancery's Chordia v. Lee ruling this month — that the efforts clause set forth in a stockholders' agreement overrode the acquired company's right to fire its officers and employees — highlights key considerations for parties in such agreements to avoid post-acquisition disputes, say attorneys at Fried Frank.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

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