Delaware

  • August 13, 2024

    Gene Tech Co. Execs Pilfered Biz Amid Collapse, Suit Says

    The senior lender to Sequencing Health Inc. has sued former officers and directors of the now-defunct genomic science company, alleging they squandered the company's assets, awarded themselves big bonuses and shut down the business, costing Oxford tens of millions of dollars in losses.

  • August 13, 2024

    3rd Circ. Nixes Debt Collection Suit, Leaves Award In Question

    The Third Circuit ruled Tuesday that a plaintiff fighting an arbitration loss in a proposed debt-collection class action never had standing to sue, but the appellate panel left it for an arbiter or state court to decide whether to erase the actual award in favor of the debt collector.

  • August 13, 2024

    Quantum Energy Sued For Docs In Del. After SEC Action

    A director of Quantum Energy Holdings LLC who joined the company after one of its directors was indicted has sued the firm in Delaware's Court of Chancery, seeking books and records and alleging the company's other directors have "repeatedly thwarted" his efforts to understand the business and its financial condition.

  • August 13, 2024

    Fed. Circ. Restores J&J, Allergan's Viberzi IP After Del. Loss

    The Federal Circuit fully revived claims of patents covering Allergan's bowel treatment drug Viberzi on Tuesday, overruling a Delaware federal judge who said the claims don't meet obviousness-type double patenting or written description requirements.

  • August 13, 2024

    22 AGs Urge 2nd Circ. To Keep Limits On Interstate Gun Sales

    The attorneys general for 21 states and the District of Columbia urged the Second Circuit to uphold a federal law limiting interstate gun sales to licensed dealers, arguing in a brief Monday that the law lets individual states regulate dealers and prevent black-market imports.

  • August 13, 2024

    Most In-House Counsel Worried Over Transparency Act

    Most legal and compliance executives are worried that their own companies are not ready to meet the requirements of the new U.S. Corporate Transparency Act, and many don't even know when the reporting deadlines are.

  • August 13, 2024

    Miami Investor Sues In Del. For Cash From London Manor Sale

    A Florida investor with a 25% stake in a historic manor house in west London has sued the manager of the Delaware limited liability company formed to invest in the property, alleging it has been sold for about $18 million without him receiving any proceeds.

  • August 13, 2024

    Talc Claims Land Cosmetics Giant Avon In Ch. 11

    Avon Products filed for Chapter 11 protection in Delaware, saying it needs to address more than $1 billion in liabilities and allegations of injuries caused by talc in its products.

  • August 12, 2024

    3AC Hedge Fund Files $1.3B Claim In TerraForm Bankruptcy

    Liquidators of collapsed crypto hedge fund Three Arrows Capital Ltd. filed a $1.3 billion claim in the TerraForm Labs Pte. bankruptcy in Delaware federal court Friday, according to documents obtained by Law360.

  • August 12, 2024

    'Unicorn' Private Jet Co. Investors End Del. Chancery Suit

    A company led by the grandson of Kazakhstan's former president has agreed to settle a suit seeking more than $18 million in damages from private jet service JetSmarter Inc. and its principals — including former U.S. Homeland Secretary Tom Ridge — for alleged misrepresentation of JetSmarter's finances and prospects.

  • August 12, 2024

    Deutsche Bank Fights Del. TRO Lift In $380M Vik Asset Fight

    Deutsche Bank AG urged Delaware's Court of Chancery Monday to keep in place a temporary restraining order barring interests of Norwegian billionaire investor Alexander Vik from securing release of more than $50 million in cash now locked down by a Chancery order.

  • August 12, 2024

    Philly Shop Blames HVAC Contractor For Fire

    A boutique operating on the ground floor of a Masonic meeting hall in Philadelphia's Chestnut Hill neighborhood has filed a lawsuit in state court blaming an HVAC contractor for a 2022 fire that severely damaged the building and its business.

  • August 12, 2024

    Del. Judge Says Vaccine IP Claim Actually Mandates Vaccine

    Delaware's chief judge was baffled by Alnylam Pharmaceuticals' argument that the word "vaccine" in a patent it claims Pfizer and BioNTech have infringed doesn't actually require a vaccine, leading him to reject the trip down the rabbit hole presented by the company in exchange for "common sense."

  • August 12, 2024

    Ex-Morris James Paralegal Loses Unemployment Pay Fight

    Delaware's Supreme Court on Monday denied an ex-Morris James LLP paralegal's attempt to revive his bid to collect unemployment benefits after he agreed to leave the firm, saying he failed to show that a lower court made a "reversible error" in upholding the denial of his jobless pay bid.

  • August 12, 2024

    Catching Up With Delaware's Chancery Court

    Multimillion-dollar share conversions, power struggles in a classic rock band, a good deal for fandom collectibles, and a pindown by two heavyweights were all part of the spectacle in Delaware's Court of Chancery last week. New cases involved pharmaceutical companies, cannabis, drones and liquid-gas exports. In case you missed it, here's the latest from the Chancery Court.

  • August 12, 2024

    Blink Fitness Hits Ch. 11 In Delaware With $280M Debt

    Budget gym chain Blink Fitness and more than 130 affiliates filed for Chapter 11 bankruptcy protection in Delaware with $280 million in debt and plans for an asset sale.

  • August 12, 2024

    LL Flooring Hits Chapter 11 Amid Consumer Spending Slump

    National home improvement store LL Flooring filed for bankruptcy in Delaware with some $109.6 million in funded debt, saying it plans to sell its business and reduce its footprint while in Chapter 11.

  • August 09, 2024

    Delaware Jury Says Fecal Treatment Patents Are Worth $25M

    A Delaware federal jury decided Friday that a Swiss drugmaker owes a smaller drug rival at least $25 million in a patent case involving an experimental enema used to treat a particularly deadly form of diarrhea.

  • August 09, 2024

    Intel Hit With Copyright Suit Over Expired Anaconda License

    Software company Anaconda Inc., which describes itself as "the operating system for AI," has accused Intel Corp. of copyright infringement, alleging in a complaint in Delaware federal court that Intel has been using Anaconda's technology for its artificial intelligence development platform without paying.

  • August 09, 2024

    Transco Can't Get Full 3rd Circ. Review Of Pa. Permit Fight

    The Third Circuit has rebuffed Transcontinental Gas Pipe Line Co.'s bid for en banc review of a district court's decision backing a Pennsylvania state environmental board's authority to review pipeline upgrade permits.

  • August 09, 2024

    Akoustis Blames Qorvo Experts For $38.6M Trade Secrets Win

    Akoustis Technologies Inc. has asked a Delaware federal court to overturn a May jury verdict against it for stealing trade secrets and the $38.6 million in damages awarded to wireless company Qorvo Inc., arguing that two Qorvo experts "eschewed the well-established and accepted methods" to measure unjust enrichment for misappropriation.

  • August 09, 2024

    Biopharm Co. Alector Sued In Del. For Docs On Director Pay

    A stockholder of small cap biopharmaceutical venture Alector Inc has sued the business in Delaware's Court of Chancery for books and records releases, citing company payment of directors at rates roughly twice the amount paid to nonemployee directors of large cap companies in the same sector.

  • August 09, 2024

    Amynta Lodges Fraud Suit In Chancery Over $105M Merger

    An affiliate of multinational insurance services provider Amynta Group filed a lawsuit on Friday in Delaware's Court of Chancery against two top officers of Clearview Risk Holdings Inc., accusing both of playing a role in a multiyear Ponzi scheme allegedly designed to protect post-deal earnouts after a purportedly overpriced $105 million merger.

  • August 09, 2024

    Kraft-Heinz Investor Can't Revive Del. Insider Trading Suit

    Attorneys for a Kraft Heinz stockholder lost a bid to convince Delaware's Court of Chancery that new evidence justified reopening a dismissed suit alleging that company insiders with ties to a controlling investor, Brazilian private equity firm 3G Capital Inc., sold $1.2 billion worth of shares on nonpublic information.

  • August 09, 2024

    Chinese Flooring Manufacturer Can't Get $1.2M Award OK'd

    The Third Circuit won't enforce a Chinese court's arbitral award of $1.2 million to a flooring manufacturer against a Pennsylvania distributor, backing the finding of a federal court in Philadelphia that the parties never agreed to arbitrate the dispute.

Expert Analysis

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

  • Opinion

    Conflicts Abound When Activist Short-Sellers Publish Reports

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    The self-serving relationship between activist short-sellers and plaintiff-side litigators is conflict-ridden and hinders the fact finder's impartiality when a short report forms the basis for lead plaintiffs' allegations, say Nessim Mezrahi and Stephen Sigrist at SAR.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • 5 Privacy And Cybersecurity Resolutions For 2024

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    In 2023, companies grappled with an unprecedented array of data privacy and cybersecurity challenges that are likely to continue in 2024, meaning businesses will be well-served to incorporate strategies, such as data governance and website configuration, into their compliance programs, say Steven Stransky at Thompson Hine and Violet Sullivan at Crum & Forster.

  • Fed. Circ. Patent Decisions In 2023: An Empirical Review

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    The Federal Circuit decided 306 patent cases last year, which is still well down from the pre-pandemic norm of around 440, and on the whole the court's decisions were markedly less patentee-friendly in 2023 than in 2022, says Dan Bagatell at Perkins Coie.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • 3 Pointers From Tilton Case To Help Win Advancement Suits

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    The Delaware Superior Court’s refusal to let Lynn Tilton sue her advancers for legal fees, ruling she had not yet attempted to negotiate in good faith, suggests that policyholders may fare better if they attempt proactive strategies to narrow disputes over advancement agreements before taking their insurers to court, says Evan Bolla at Harris St. Laurent.

  • Charting The Course For Digital Assets In 2024

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    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

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    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

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