Delaware

  • December 18, 2024

    Insurance Co. Buyer Accuses Seller Of Fraud In Chancery Suit

    Alleging a "textbook case of fraud in the inducement and breach of fiduciary duty," a holding company that acquired Georgia-based Southern Trust Insurance Co. has sued the seller's principals, associates and their company in Delaware's Court of Chancery.

  • December 18, 2024

    Toolmaker Hardinge Gets OK On Ch. 11 Liquidation Plan

    A Delaware bankruptcy judge on Wednesday approved tool manufacturer Hardinge Inc.'s Chapter 11 liquidation plan after the debtor settled disputes with creditors, its investment fund backer and other parties by agreeing to drop potential claims in exchange for a cash payment.

  • December 17, 2024

    Corteva Rips Inari's 'Shrill' Claim Of Sham Seed Patent Suit

    Corteva Agriscience LLC has fired back at Inari Agriculture Inc.'s claim that a suit alleging Inari infringes Corteva's seed patents amounts to "objectively baseless" sham litigation, saying its rival is making "shrill assertions" that "cannot be squared" with an earlier ruling in the case.

  • December 17, 2024

    Del. Justices Won't Revive Investors' $2.4B EV SPAC Deal Suit

    The Delaware Supreme Court has declined to reinstate a proposed class action in the state's Chancery Court that accused a blank-check company of withholding key information from investors ahead of its $2.4 billion go-public deal with electric-vehicle maker Canoo Holdings Ltd.

  • December 17, 2024

    Distributor Seeks OK Of $131M Venezuela Award

    A Hong Kong goods distributor has kicked off litigation in Delaware looking to enforce a $131 million arbitral award against a subsidiary of Venezuela's state-owned oil company, stating in its petition that it wants to target the country's interest in the oil giant Citgo.

  • December 17, 2024

    Franchise Group Can Keep Exclusive Control Of Its Ch. 11

    A Delaware bankruptcy judge on Tuesday denied a motion to end the plan exclusivity window and other bankruptcy rights for debtors in Franchise Group Inc.'s Chapter 11, saying possible intercompany claims don't justify relief that the debtor argued would plunge the case into chaos.

  • December 17, 2024

    2nd Circ. Says Sears Trustee Can Keep Mall Of America Lease

    The Second Circuit has upheld a district court order obliging the return of bankrupt Sears Holding Corp.'s lease in Minnesota's Mall of America to SHC's liquidating trustee, finding in part the mall's earlier lease was not a "true" contract.

  • December 17, 2024

    AGs Can File Opposition To Clearview AI BIPA Deal

    An Illinois federal judge is allowing 22 states and the District of Columbia to challenge a deal to end multidistrict litigation over Clearview AI's practice of automatically collecting biometric facial data online, with attorneys general arguing the settlement would provide no meaningful injunctive relief and give plaintiffs an unknown financial stake in the company.

  • December 17, 2024

    Drug Co. Investor Sues In Del. Over $140M Insider Windfall

    A pension fund investor in Cerevel Therapeutics Holdings Inc. has sued Bain Capital Investors LLC and other alleged insiders of the company in Delaware's Court of Chancery, accusing them of lining up a secondary offering in the biopharmaceutical venture before disclosure of its planned sale to AbbVie.

  • December 17, 2024

    Express Inc.'s Post-Sale Ch. 11 Liquidation Plan Approved

    A Delaware bankruptcy judge on Tuesday confirmed the Chapter 11 liquidation plan for the estate of clothing retailer Express Inc., after the debtor sold the business this summer for $174 million.

  • December 17, 2024

    Justices Urged To Let Stand Ex-Wife's Tax Payment Suit

    A woman who said the IRS wrongly applied her tax payment to her ex-husband's bill asked the U.S. Supreme Court to let stand a Third Circuit ruling allowing her to challenge it, saying the decision doesn't conflict with any other rulings and involves an issue that rarely occurs.

  • December 17, 2024

    Supercuts Owner Cuts Deal To End Ex-Worker's OT Suit

    The owner of nearly 400 Supercuts and other hair salons agreed to pay $15,000 to resolve a suit from a former employee accusing it of failing to account for commissions and other nondiscretionary bonuses when calculating her overtime rates, a filing in Michigan federal court said.

  • December 16, 2024

    Circuit-By-Circuit Guide To 2024's Most Memorable Moments

    One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.

  • December 16, 2024

    3rd Circ. Revives Disability Retaliation Suit Against Accenture

    The Third Circuit revived disability discrimination and age bias claims Monday brought by a former employee of professional services company Accenture, finding the worker presented enough evidence that suggested her supervisor's frustration at the accommodations she needed after being injured resulted in her termination.

  • December 16, 2024

    'Farmville' Maker Settles With IBM After $45M Trial Loss

    IBM says it has reached a tentative settlement with the developer behind "Farmville" and other online video games, a few months after a jury in Delaware ordered the developer to pay $45 million in a patent case over programming online ads. 

  • December 16, 2024

    Amazon Ordered To Pay Patent Biz For New Alexa Users Too

    A Delaware federal judge says Amazon has to pay around 70 cents for every new Alexa user to a company that owns patents developed by a defunct voice technology startup, in addition to the $40 million it already owes after losing a jury trial last year.

  • December 16, 2024

    Pa. Malpractice Fund Belongs To State, 3rd Circ. Rules

    The Third Circuit said Monday in a precedential ruling that Pennsylvania's medical malpractice insurance fund is an agency of the state and that it can dip into the fund's $300 million budget surplus.

  • December 16, 2024

    Tax Court Wrongly Cut Easement Deduction, 11th Circ. Told

    The U.S. Tax Court erred in drastically reducing a partnership's claimed $23 million deduction for donating a conservation easement in Georgia, the partnership told the Eleventh Circuit, saying the court improperly relied on a real estate expert's opinion to establish whether the land had mining value.

  • December 16, 2024

    Albertsons Says Kroger 'Squandered' $25B Merger Bid

    The Kroger Co. Inc. "willfully squandered" opportunities to complete a now-blocked $24.6 billion mega-merger with Albertsons Cos. Inc., according to an unsealed five-count lawsuit in Delaware's Court of Chancery potentially seeking billions in damages.

  • December 16, 2024

    The Biggest Patent Decisions Of 2024

    This year's notable patent decisions from the Federal Circuit provided clearer guidelines on double patenting and opened the door for new ways to invalidate design patents. Here's a look at the cases from 2024 that will shape patent litigation going forward.

  • December 16, 2024

    Chemical Co. Retirees Agree To End 401(k) Fee Suit Appeal

    Chemical company retirees who accused their former employer of unlawfully loading their 401(k) plan with costly investment options ended their bid to revive a class action, with the Third Circuit signing off on the dismissal.

  • December 16, 2024

    Anglo American-Backed Engine Tech Co. Files Ch. 11

    A developer of hybrid electric hauling equipment has filed for Chapter 11 protection in Delaware bankruptcy court with nearly $98 million in debt and an agreement with its secured lender and parent, mining company Anglo American, to pursue a sale.

  • December 16, 2024

    3rd Circ. Nominee Decries 'Broken' Confirmation Process

    Adeel Mangi, the nominee for the Third Circuit who would have been the first federal Muslim appellate judge if confirmed, sent a letter to President Joe Biden on Monday saying the selection process for federal judges is "broken."

  • December 16, 2024

    Justices Won't Hear 3rd Circ. CFPB Student Loan Trust Case

    The U.S. Supreme Court said Monday that it would leave in place a lower court decision allowing the Consumer Financial Protection Bureau to sue securitization trusts over their servicers' treatment of borrowers, declining to take up a challenge to the scope of the agency's enforcement authority.

  • December 13, 2024

    Real Estate Recap: New Mapping, Terrorism, What We Learned

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a new state-by-state mapping tool for real estate practitioners, one BigLaw attorney's view of terrorism liability safeguards for commercial real estate, and takeaways from the multifamily and life sciences sectors in 2024.

Expert Analysis

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Daubert Motion Trends In Patent Cases Reveal Damages Shift

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    A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

  • 2nd Circ. Case Reinforces Need For Advance Notice Bylaws

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    The Second Circuit's recent decision in Nano Dimension v. Murchinson illustrates that Section 13(d) of the Exchange Act is a square peg for a round hole, and that advance notice bylaws are far better at protecting against undisclosed coordination among activist shareholders, say attorneys at Morgan Lewis.

  • Series

    Teaching Scuba Diving Makes Me A Better Lawyer

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    As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • 3rd Circ. Ruling Shows Benefits Of IP Licenses In Bankruptcy

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    The Third Circuit’s recent ruling in Mallinckrodt’s Chapter 11 filing, which held that Mallinckrodt could sever its obligations to pay Sanofi royalties on sales of an autoimmune disease drug, highlights the advantages of structuring transactions as nonexclusive licenses for developers of intellectual property, say Gregory Hesse and Kaleb Bailey at Hunton.

  • How 3rd Circ. Raised Bar For Constitutional Case Injunctions

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    The Third Circuit's decision in Delaware State Sportsmen's Association v. Delaware Department of Safety & Homeland Security, rejecting the relaxed preliminary injunction standards many courts have used when plaintiffs allege constitutional harms, could portend a shift in such cases in at least four ways, say attorneys at Gibson Dunn.

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