Delaware

  • July 15, 2024

    Chancery Finds Truth Social SPAC Should Get Docs

    The sponsor of the special purpose acquisition company that took former President Donald Trump's Truth Social public must turn over most of the documents the SPAC sought as part of the parties' Delaware litigation, a Chancery Court judge ruled Monday, teeing the case up for trial on July 29.

  • July 15, 2024

    3rd Circ. Wants Higher Bar For Halting Delaware Gun Laws

    The Third Circuit held Monday that courts have lowered the bar for issuing preliminary injunctions too much, allowing Delaware to keep its ban on "assault weapons" and extended magazines because the gun rights groups challenging the law hadn't met the burden of showing the harm necessary for "extraordinary relief."

  • July 15, 2024

    FTX Proposes $4B Settlement Of CFTC's Massive $52B Claim

    FTX Trading Ltd. asked a Delaware bankruptcy judge to sign off on a settlement with the U.S. Commodity Futures Trading Commission, saying the agreement to allow the agency a $4 billion claim in its bankruptcy would end a fraud civil enforcement action and address the "most significant single creditor" in the crypto currency exchange's Chapter 11 case.

  • July 15, 2024

    B. Riley, Others Sued In Del. After Franchise Group Buyout

    Four Franchise Group LLC stockholders sued the company's principals and top investors in Delaware's Court of Chancery Friday, alleging that they and others were shortchanged by an insider-controlled $2.8 billion take-private sale of the business after an allegedly sham marketing effort and undisclosed conflicts.

  • July 15, 2024

    J&J Agrees To Pay $505M In Talc Producers' Ch. 11

    Talc mining companies Imerys and Cyprus Mines asked the Delaware bankruptcy court to approve a Chapter 11 settlement in which Johnson & Johnson would pay $505 million in cash and insurance proceeds into a talc injury trust, even if it petitions for bankruptcy a third time.

  • July 15, 2024

    PBGC Seeks Early Win In $7.8B Pension Fight In Yellow Ch. 11

    The Pension Benefit Guaranty Corp. has filed a motion for partial summary judgment in the Chapter 11 case of trucking firm Yellow Corp., telling a Delaware bankruptcy judge the $7.8 billion dispute over Yellow's withdrawal from multistate employee pension programs is a pure question of law that can be decided in the PBGC's favor.

  • July 15, 2024

    Catching Up With Delaware's Chancery Court

    Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.

  • July 15, 2024

    Litigation Funder Wants Apple's Bid For Docs Moved To Calif.

    A litigation funding company is urging a Delaware federal judge to transfer Apple Inc.'s bid for documents related to a patent dispute with Finnish company MPH Technologies Oy. to California federal court, saying the motion to compel should be adjudicated in the Golden State.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    Del. Court Finds 1 Of 6 Bylaws Invalid But All Unenforceable

    Only one of six contested advance-notice bylaws that Florida pharma company AIM Immuno Tech Inc. adopted in response to an activist shareholder's proxy contest is actually invalid but none remain enforceable because the board adopted them primarily to thwart the shareholder's challenge, Delaware's Supreme Court has ruled.

  • July 12, 2024

    Judge Swipes Left On Match Group Investors' Suit

    A Delaware federal judge has dismissed, for now, investor allegations that dating website operator Match Group Inc. misled the market about an integration process.

  • July 12, 2024

    Expect NCAA To Dig In Heels On Employee Status After Ruling

    Even after Thursday's Third Circuit ruling clearing a path for college athletes to be considered employees, experts say the NCAA's record of litigating to the hilt on other athletes' rights matters portends a long road ahead before the issue is clarified.

  • July 12, 2024

    VLSI Continues Fight Against Intel In Patent Litigation

    VLSI has launched a fight in Texas federal court against an argument that Intel made in Delaware federal court that it had a license to various patents.

  • July 12, 2024

    Apollo Seeks Chancery Toss Of Stockholder Pact Challenge

    Pointing in part to a pending Delaware law that would allow corporate directors to cede some board powers to big stockholders, Apollo Global Management Inc. has asked a Delaware vice chancellor to dismiss a suit challenging its own stockholder pact.

  • July 12, 2024

    Real Estate Recap: Mall Makeovers, Military Land, Fundraising

    Catch up on this week's key developments by state from Law360 Real Estate Authority, including one Big Four retail leader's take on mall potential, the U.S. Treasury's increasing scrutiny of land deals with national security concerns, and a midyear look at private real estate fundraising trends.

  • July 12, 2024

    Ex-Slync CEO Gets 20 Years After Wire Fraud Conviction

    The founder of shuttered supply chain management software company Slync has received a 20-year prison sentence involving a pair of partially concurrent sentences after a Texas jury in January handed down convictions on wire fraud and other claims over prosecutors' allegations that he drained $25 million out of his company's bank accounts.

  • July 12, 2024

    No Injury In Suit Targeting J&J Asset Shuffles, Talc Unit Says

    Johnson & Johnson wants a New Jersey federal judge to toss a proposed class action alleging that the company has tried to intentionally prevent talc claimants from getting their day in court through a scheme of fraudulent corporate transactions, arguing that the cancer patients failed to show how any of the challenged transactions left it unable to pay its talc claims.

  • July 12, 2024

    Chancery Tosses Centene Shareholders' Medicaid Fraud Suit

    The Delaware Chancery Court on Friday dismissed a Centene stockholder derivative lawsuit seeking damages from company directors and officers over allegations of a multistate Medicaid pharmacy benefit billing fraud scheme that the investors said could result in a $1.25 billion liability for the healthcare giant.

  • July 12, 2024

    NPE Patent Suits Up 19% From 2nd Half Of 2023

    The number of patent lawsuits filed by so-called nonpracticing entities has continued to increase in the past year, with the Eastern District of Texas being the top district in terms of patent litigation, according to a new report.

  • July 12, 2024

    Chancery Approves $19.5M Convey-TPG Settlement

    Former shareholders of Convey Health Solutions Inc. won Delaware Chancery Court approval Friday of a $19.5 million cash settlement to resolve a class challenge to the healthcare technology company's $1.1 billion take-private acquisition by TPG Inc., with $3.88 million going to class attorneys after expenses.

  • July 12, 2024

    US Trustee Decries Fisker EV Fleet 'Fire Sale'

    The U.S. Trustee's Office urged a Delaware bankruptcy judge to block electric-vehicle maker Fisker's proposed $46.25 million sale of its inventory, saying the fleet is being sold at "fire sale prices" the debtor can't show are fair.

  • July 11, 2024

    Only 1 Gold Mine Investor Has Class Claim, Chancery Says

    Only one of three warrant holders who sued a Nevada gold and silver mine in Delaware's Court of Chancery may move forward with a proposed class action, a Chancery Court judge has ruled, but the other pro se plaintiffs may continue with their individual claims.

  • July 11, 2024

    IP Forecast: Napa Winery's Ex-Atty Wants Another Trial

    A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.

  • July 11, 2024

    Signify, Merger Partner Clash In Chancery Over $50M Earnout

    An attorney for former Caravan Health Inc. stockholder representatives told a Delaware vice chancellor on Thursday that acquirer Signify Health Inc. sabotaged Caravan's business in order to scuttle an obligation to add as much as $50 million in performance-based "earnouts" to the $250 million merger price.

  • July 11, 2024

    3rd Circ. Greenlights FLSA Claims For NCAA Athletes

    Amateurism can't shield the NCAA from student-athletes' Fair Labor Standards Act claims, the Third Circuit ruled Thursday, laying out a test to sort out whether athletes can be considered employees under the federal statute.

Expert Analysis

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Skip Versus File: The Patent Dilemma That Costs Millions

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    In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

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    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • Parsing Controversial Del. General Corporation Law Proposals

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    In response to issues raised in three recent high-profile Delaware Court of Chancery decisions, many amendments to the Delaware General Corporation Law were quickly proposed that, if enacted, would bring significant changes likely to be hotly debated — and litigated — for the foreseeable future, say attorneys at Morgan Lewis.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

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