Delaware

  • September 18, 2024

    Delaware Powerhouse: Morris Nichols

    Serving the nation's preeminent business law destination for nearly 100 years, Morris Nichols Arsht & Tunnell LLP this year has continued winning critical cases in Delaware's Chancery, bankruptcy and federal district courts for clients of its corporate governance, restructuring and intellectual property practices.

  • September 18, 2024

    Silvergate Bank Parent Co. Files Ch. 11, Plans Liquidation

    The parent company of shuttered cryptocurrency-focused bank Silvergate filed for Chapter 11 protection in Delaware on Tuesday with plans to wind down and liquidate its remaining assets.

  • September 18, 2024

    Tupperware Hits Ch. 11 In Del. With Plans For Quick Sale

    The iconic food storage company Tupperware Brands Corp. filed for Chapter 11 bankruptcy protection in Delaware with more than $1 billion in liabilities and plans for a quick sale, after months of concern about whether its famous direct sales model had finally hit a wall.

  • September 17, 2024

    Chancery Sides With Truth Social Backer In SPAC Deal Payout

    A Delaware Chancery judge sided Tuesday with the investment sponsor of the entity that took former President Donald Trump's Truth Social media company public, on claims it was shortchanged in the deal, ordering a larger share of the stock be handed over from the transaction.

  • September 17, 2024

    Wheel Pros Floats $30M Ch. 11 Sale Of Its 4WP Unit

    Bankrupt automotive wheel company Wheel Pros LLC asked a Delaware bankruptcy court to bless a private $30 million sale of its recently acquired 4WP retail unit to a subsidiary of Australia's ARB Corp., a move that would bypass the usual Chapter 11 auction.

  • September 17, 2024

    GC Base Salaries At Big Companies On The Rise

    General counsel base salaries at companies making $5 billion or more in revenue has increased from last year, while their total compensation has decreased, according to a report released Tuesday by the Association of Corporate Counsel and Empsight International LLC.

  • September 17, 2024

    Better Days Ahead For Associates, Recruiters Say

    Things are looking up for associates, recruiters say, as a strong economic outlook for the legal industry appears to be driving increased demand for younger attorneys after two straight years of layoffs.

  • September 17, 2024

    Delaware Powerhouse: Pachulski Stang

    The bankruptcy expertise at Pachulski Stang Ziehl & Jones has made it one of Delaware's go-to firms for many types of parties and local counsel — with the Sientra Inc., Vice Media Group and Yellow Corp. bankruptcies serving as recent examples.

  • September 16, 2024

    Injectable Analgesic Maker Wants Generic Version Blocked

    Mallinckrodt Pharmaceuticals has sued a rival drugmaker in Delaware federal court, alleging the company copied its injectable version of acetaminophen and infringed four patents in the process.

  • September 16, 2024

    3rd Circ. OKs NLRB Enforcement Bid Against Scrap Metal Co.

    The Third Circuit on Monday granted the National Labor Relations Board's petition for enforcement of its finding that a Philadelphia scrap metal company violated federal labor law by changing workers' schedules after they voted for union representation, rejecting the company's argument that the reduction in workers' hours was for pandemic-related reasons.

  • September 16, 2024

    IBM Wins $45M From Zynga In Gaming Patent Trial

    A Delaware federal jury has found that social game developer Zynga Inc. infringed two IBM patents with its interactive games and owes the tech giant $45 million.

  • September 16, 2024

    Why A Tactic In The Youth Climate Change Battle Is Risky

    Young people suing the federal government for sweeping changes to climate policy are trying a new tactic, filing a mandamus petition in the U.S. Supreme Court in an effort to get their case to trial. But some lawyers are worried the tactic may backfire, limiting the opportunity for others to use the courts to wage climate battles, experts told Law360. 

  • September 16, 2024

    Chevron Deference Invalid In Travel-Time Pay Case, DOL Says

    The U.S. Department of Labor said the overturning of Chevron deference has no bearing on its case against a home care company for stiffing workers of travel-time pay, arguing that the regulations at issue don't invoke such an analysis, according to a letter filed by the department.

  • September 16, 2024

    Ex-Cadwalader Litigation Co-Head Among Duo Added By V&E

    Cadwalader Wickersham & Taft LLP's former global litigation group co-chair is one of two ex-partners in New York bringing their practices to Vinson & Elkins LLP, according to a Monday announcement.

  • September 16, 2024

    Delaware Powerhouse: Richards Layton

    Over the past year, Richards Layton & Finger PA has helped Gilead Sciences Inc. fight a potentially billion-dollar claim in which the federal government alleged the biopharmaceutical company infringed patents covering HIV drugs — one of a winning run of cases that earned the firm a spot on Law360's list of Delaware Powerhouses for 2024.

  • September 13, 2024

    The 2024 Regional Powerhouses

    The law firms on Law360's list of 2024 Regional Powerhouses reflected the local peculiarities of their states while often representing clients in deals and cases that captured national attention.

  • September 13, 2024

    Real Estate Recap: Foreclosure Legal Fees, Climate Resilience

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including trends in legal fees from commercial mortgage foreclosures and insights into property resilience in areas affected by extreme weather events.

  • September 13, 2024

    Bankman-Fried Lays Blame On Trial Judge In 2nd Circ. Appeal

    FTX founder Sam Bankman-Fried on Friday launched an appeal of his fraud conviction over the cryptocurrency exchange's historic collapse, issuing a broadside against the judge who oversaw his trial and saying FTX's debtor counsel Sullivan & Cromwell LLP acted as an arm of the prosecution.

  • September 13, 2024

    Yellow Corp.'s Bid To Ax $7.8B Pension Liability Rejected

    A Delaware bankruptcy judge sided with the Pension Benefit Guaranty Corp. in its dispute with trucking firm Yellow Corp. over $7.8 billion in retirement fund withdrawal liability, ruling Friday that special federal funds from a 2021 COVID-19 stimulus package do not reduce or eliminate the debtor's liability.

  • September 13, 2024

    Truth Social Founders Take Trump Fight To Fed Court

    A co-founder of Donald Trump's Truth Social website has brought the fight over taking the company public to Florida federal court after several adverse events in state court actions, including the company filing an amended complaint to incorporate securities fraud that the U.S. government alleges.  

  • September 13, 2024

    16 State AGs Demand DOJ Probe Of Texas Voter Fraud Raids

    A group of 16 state attorneys general implored the U.S. Department of Justice to investigate recent raids by Texas Attorney General Ken Paxton's office that were said to be connected to an election integrity investigation but reportedly targeted the Latino population, warning that Paxton risks "undermining the very elections he purports to want to protect."

  • September 13, 2024

    Trio Of BigLaw Mergers Expected To Drive More Deal Talks

    After months of a relatively steady pace of law firm mergers and acquisitions, the trio of proposed BigLaw tie-ups announced in recent days will likely spur more firms toward entertaining similar deal talks, experts say. Here, Law360 offers a snapshot of the proposed deals.

  • September 13, 2024

    Philly's Defunct University Of The Arts Files For Ch. 7

    Philadelphia's University of the Arts, which abruptly closed in June, filed for Chapter 7 liquidation Friday in Delaware bankruptcy court, roughly two weeks after nearby Temple University said it would not move forward with a potential merger.

  • September 13, 2024

    3rd Circ. Won't Undo Philly DA's Immunity From Cop's Suit

    The Third Circuit won't revive a Philadelphia police officer's lawsuit alleging that city District Attorney Larry Krasner violated his civil rights by hitting him with a murder charge that was ultimately tossed, finding that the officer couldn't overcome the immunity granted to prosecutors when advocating on behalf of the state.

  • September 12, 2024

    Del. Justices Uphold Chancery Toss Of $1.2B NCino Deal Suit

    The Delaware Supreme Court on Thursday upheld the Chancery's court's decision to throw out nCino investor claims against company directors and investment firm Insight Venture Partners challenging the financial technology company's $1.2 billion acquisition of mortgage loan platform SimpleNexus.

Expert Analysis

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Chancery's Carvana Suit Toss Shows Special Committee Value

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    The Delaware Chancery Court’s recent dismissal of a stockholder complaint against Carvana illustrates how special litigation committees can be a powerful tool for boards to regain control after litigation alleging a breach of fiduciary duty, say attorneys at Morgan Lewis.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What 3rd Circ. Trust Ruling Means For Securitization Market

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    Mercedes Tunstall and Michael Gambro at Cadwalader break down the Third Circuit's March decision in Consumer Financial Protection Bureau v. National Collegiate Master Student Loan Trust, as well as predict next steps in the litigation and the implications of the decision for servicers and the securitization industry as a whole.

  • What Law Firms Should Know Amid Rise In DQ Motions

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    As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.

  • Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy

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    In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.

  • Del. Match.com Ruling Maintains Precedent In Time Of Change

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    Despite speculation that the Delaware Supreme Court could drive away corporations if it lowered the bar for business judgment review in its Match.com stockholder ruling, the court broke its recent run of controversial precedent-busting decisions by upholding, and arguably strengthening, minority stockholder protections against controller coercion, say Renee Zaytsev and Marc Ayala at Boies Schiller.

  • NC Rulings Show Bankruptcy Isn't Only For Insolvent Debtors

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    Two recent rulings from a North Carolina bankruptcy court show that lack of financial distress is not a requirement for bankruptcy protection, particularly in the Fourth Circuit, but these types of cases can still be dismissed for other reasons, say Stuart Gordon and Alexandria Vath at Rivkin Radler.

  • A Look At Ex Parte Seizures 8 Years Post-DTSA

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    In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • Navigating Kentucky's New Consumer Privacy Law

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    On April 4, Kentucky passed a new law that imposes obligations on affected businesses relating to the collection, use and sale of personal data — and those operating within the state must prepare for a new regulatory landscape governing the handling of consumer data, say Risa Boerner and Martha Vázquez at Fisher Phillips.

  • Del. Lessons For Director-Nominees On Sharing With Activists

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    The Delaware Chancery Court's recent decision in Icahn Partners v. deSouza finding that a director wasn't permitted to share certain privileged information with the activist stockholders that nominated him shows the need for companies to consider imposing appropriate confidentiality requirements on directors, say attorneys at Sullivan & Cromwell.

  • GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers

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    The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

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