Delaware

  • May 15, 2024

    Grocery Chain Outfox Files Ch. 7 After Closing All Locations

    The parent company of Foxtrot Market and Dom's Kitchen & Market filed for Chapter 7 in Delaware, less than a month after the grocery chain announced it would be closing its 35 stores in Illinois, Texas and the Washington, D.C., area.

  • May 14, 2024

    Netflix Can't Shake Patent Biz Case In Delaware

    A federal judge on Tuesday rebuffed Netflix's attempt to invalidate several patents it has been accused of infringing, finding the ideas underlying the handful of decade-old tech patents are inventive enough to move the lawsuit forward.

  • May 14, 2024

    Biotech Co. Sued In Del. For Faulty Election, Share Hike Vote

    A Cardiff Oncology Inc. stockholder has launched a direct and derivative suit in Delaware Chancery Court accusing the clinical stage biotech company of failing to count "against" votes in decisions that added 2 million shares to the company's limit in 2022 and reelected board members in 2022 and 2023.

  • May 14, 2024

    Crystallex Special Master Fires Back Against Effort To DQ Him

    The special master appointed to oversee the auction of Citgo's parent company to satisfy billions of dollars worth of Venezuelan debt bristled at the country's allegations that he improperly pressured the U.S. to change its sanctions policy to permit the sale to go through.

  • May 14, 2024

    Norwich, Bausch Ask Fed. Circ. To Rethink Xifaxan IP Ruling

    Alvogen's Norwich Pharmaceuticals unit and Bausch Health have launched bids for the Federal Circuit to rehear a case in which it affirmed a Delaware federal court's decision preventing the release of a generic version of Bausch's blockbuster diarrhea and brain disease drug, Xifaxan, until 2029.

  • May 14, 2024

    Stitch Fix Stockholder's Del. Suit Alleges $102M Insider Trades

    Insiders at online personal styling service Stitch Fix Inc. sold $102 million worth of company stock while hiding information for nearly 18 months about the company's faltering business prospects, a shareholder has alleged in a new Delaware Chancery Court complaint.

  • May 14, 2024

    Jury's $2M Medical Device Infringement Verdict Upended

    A Delaware federal judge ruled Tuesday that Kurin Inc. did not infringe claims of a Magnolia Medical Technologies Inc. patent tied to sepsis testing, reversing a 2022 jury verdict that Kurin had infringed the patent and should pay $2 million.

  • May 14, 2024

    Kraft Heinz Seeks To Ax Teamsters' Retiree Benefit Grievance

    Kraft Heinz asked a Delaware federal judge Tuesday to step in and stop a Teamsters unit's healthcare grievance from going to arbitration, saying the union must use the dispute resolution process outlined in the company healthcare plan, not the grievance and arbitration process outlined in the union contract.

  • May 14, 2024

    Biotech Co. Hits Bankruptcy With Creditor Deal In Hand

    Biotech company Gamida Cell Inc. filed for Chapter 11 protection in Delaware bankruptcy court after reaching a take-private deal with its largest creditor to extend up to $45 million in new capital and forgive more than $4 million in secured debt.

  • May 14, 2024

    Firms Escape Malpractice Suit Over Chicken Plant Pollution

    Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA have escaped a malpractice suit filed in Delaware Superior Court by parents who hired the firms to pursue claims alleging contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child.

  • May 14, 2024

    White House Continues To Back Adeel Mangi For 3rd Circ.

    The White House is standing by Adeel Mangi's nomination for the Third Circuit despite the path to confirmation being unclear and the vast opposition he's been facing.

  • May 14, 2024

    Sullivan & Cromwell Seeks To Ax Claims Of Aiding FTX Fraud

    Sullivan & Cromwell LLP wants a Florida federal court to dismiss a proposed class action alleging the firm knew about and helped facilitate the massive fraud by FTX, saying customers of the cryptocurrency exchange platform fail to claim anything beyond a "series of speculative allegations with no factual basis."

  • May 14, 2024

    Carbon Capture Co.'s $1.8B SPAC Deal Sparks Chancery Suit

    Stockholders who lost big after a blank-check company took carbon-capture venture LanzaTech NZ Inc. public in a purportedly $1.8 billion reverse-merger in February 2023 have sued for damages in Delaware's Court of Chancery, alleging disclosure failures and other defects prior to closing.

  • May 14, 2024

    Casino App User Can't Hide Arbitration Details, Chancery Says

    A mobile app slot-machine player who lost an arbitration dispute with the game's operator may not keep the details of the arbitration award confidential in Delaware court filings, a Chancery Court vice chancellor said Tuesday, denying a request for ongoing confidential treatment.

  • May 14, 2024

    What's Behind 'Nuclear' Verdicts? Skeptical Juries, Attys Say

    Jurors becoming more skeptical of corporations are handing down sky-high verdicts, and trial attorneys say it's forcing a shift in the strategies they employ as they aim to score — or prevent — so-called nuclear verdicts.

  • May 14, 2024

    Scott + Scott Opens Del. Office With Corporate Law Focus

    Global firm Scott + Scott Attorneys at Law LLP announced Tuesday the launch of an office in Delaware, giving it nine locations in the U.S.

  • May 13, 2024

    Tesla Threatened To Fire Holland & Knight, Law Prof Says

    Tesla tried to bully a law professor out of filing an amicus brief in investors' suit over Elon Musk's $56 billion compensation plan, in part by threatening to fire the company's longtime outside counsel at Holland & Knight LLP if the professor submitted his brief, according to a filing Monday in Delaware.

  • May 13, 2024

    Kabbage Inks 2 FCA Deals With Feds Totaling $120M

    Bankrupt online lender Kabbage Inc. has agreed to pay $120 million in two separate deals to resolve allegations it submitted thousands of false claims for loan forgiveness and operated without adequate fraud controls in place, the U.S. Department of Justice announced Monday.

  • May 13, 2024

    SEC Tells 3rd Circ. Coinbase Can't Force Crypto Rulemaking

    The U.S. Securities and Exchange Commission has told the Third Circuit that it already "reasonably explained" why it denied Coinbase's petition for crypto rulemaking and that it shouldn't have to retool its policy priorities just because crypto firms find it challenging to comply with existing laws.

  • May 13, 2024

    SPAC Investor Says Insiders Overvalued Satellite Co. Deal

    An investor has sued a blank-check company and several of its top brass in Delaware Chancery Court, alleging the defendants protected their buy-ins while leaving public investors to suffer losses following a merger with satellite imaging company BlackSky Holdings Inc.

  • May 13, 2024

    Chancery Orders Check Of Trump-Tied SPAC Sponsor Deal

    Delaware's Court of Chancery refused Monday to impose a settlement on investors behind the sponsor of the company that took former President Donald Trump's Truth Social media company public after they filed and later abandoned a suit to remove the special-purpose acquisition company's managing member.

  • May 13, 2024

    Tesla Shareholder Alleges Drugs Fueled Musk's Erratic Posts

    Tesla Inc. has failed to investigate reports that CEO Elon Musk used illicit drugs including ketamine, LSD and cocaine that may have influenced his social media posts, hurting stockholders and damaging the company's value, a shareholder has alleged in a recently unsealed amended complaint in Delaware's Court of Chancery.

  • May 13, 2024

    Chancery Scuttles Unfair Pirate Ship Salvage Co. Merger

    Finding the deal "wholly devoid" of attempts at fairness, a Delaware vice chancellor has ordered the unwinding of a 2018 pirate treasure hunting and salvage company merger with an asset-holding affiliate, while also finding that delay and fading evidence have scuttled minority investor fiduciary breach claims.

  • May 13, 2024

    Catching Up With Delaware's Chancery Court

    Sunken treasure, recycled plastics, questionable denim and dog food all made appearances in Chancery Court dockets last week, along with developments in cases involving Qualcomm, Tesla Inc., and Truth Social. In case you missed it, here's the latest from Delaware's Chancery Court.

  • May 10, 2024

    Retail Group Opposes $1B Arbitral Award Against Walgreens

    An advocacy group for the retail industry is backing Walgreens as it looks to set aside a nearly $1 billion arbitral award in a dispute with a COVID test maker, telling a Delaware federal judge that judicial intervention is warranted in this case.

Expert Analysis

  • 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.

  • Oracle Ruling Underscores Trend Of Mootness Fee Denials

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    The Delaware Chancery Court’s recent refusal to make tech giant Oracle shoulder $5 million of plaintiff shareholders' attorney fees illustrates a trend of courts raising the standard for granting the mootness fee awards once ubiquitous in post-merger derivative disputes, say attorneys at Troutman Pepper.

  • Opinion

    Post-Moelis Del. Corp. Law Proposal Would Hurt Stockholders

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    The proposed Delaware General Corporation Law amendment in response to the Court of Chancery's recent opinion in West Palm Beach Firefighters' Pension Fund v. Moelis would upend the foundational principle of corporate law holding that directors govern corporations in the interest of stockholders — and the potential harm would be substantial, say attorneys at Block & Leviton.

  • Comparing Corporate Law In Delaware, Texas And Nevada

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    With Elon Musk's recent decision to reincorporate his companies outside of Delaware, and with more businesses increasingly considering Nevada and Texas as corporate homes, attorneys at Baker Botts look at each jurisdiction's foundation of corporate law, and how the differences can make each more or less appealing based on a corporation's needs.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

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