Delaware

  • September 22, 2023

    Philly PD's Win In Miscarriage Suit Tossed Over Pot Reference

    Two Philadelphia police officers accused of causing a woman's miscarriage had their jury verdict win yanked by the Third Circuit after it ruled that evidence about the woman's marijuana usage was improperly allowed into the trial and likely skewed jurors' opinions on the matter.

  • September 22, 2023

    Investor Seeks Bank Docs Over 'Red Pants' Chair's Jet Use

    A single-branch community bank in Colorado has been using its assets to support the "extravagant lifestyle" of its eccentrically dressed executive chair who also flaunts his use of the bank's private aircraft online, according to a Friday suit seeking the lender's books and records.

  • September 22, 2023

    Citgo's Parent Puts 'Missing' Certificate Risk At $1.5B To $2.5B

    An attorney for Citgo Petroleum's indirect parent told a Delaware vice chancellor Friday that the court should consider a $1.5 billion to $2.5 billion value if it orders a pre-sale bond to protect the company if it replaces a "missing or destroyed" linchpin stock certificate.

  • September 22, 2023

    Objector Says $919M Tesla Pay Suit Settlement 'Fell Short'

    A Tesla shareholder from Illinois has objected to a proposed settlement of a Delaware Chancery Court lawsuit that accuses Tesla directors of pocketing "outrageous" compensation, saying the $735 million deal is unfair in part because it doesn't specify how much each director will pay.

  • September 22, 2023

    Judge Dismisses Catalog Retailer's Ch. 11 Case

    A Delaware bankruptcy judge has agreed to a structured dismissal of AmeriMark Interactive's Chapter 11 case, telling the catalog retailer it can wind down the case and its business once it pays the expenses it has incurred since entering bankruptcy.

  • September 22, 2023

    Fortis Sues SentinelOne In Del. Over Attivo Merger Failures

    A stockholder agent for cybersecurity venture Attivo Networks has sued acquirer SentinelOne Inc. for release of a $61 million escrow established in a May 2022 merger, alleging a range of contract breaches in a newly public Delaware Court of Chancery suit.

  • September 22, 2023

    Genworth Can Seek Coverage For $335M Premium Hike Suits

    A Delaware judge said a long-term care insurance provider that expected to spend at least $335 million on underlying litigation and settlement costs wasn't barred from coverage by its professional liability carriers in suits alleging it hiked premiums on clients without notification.

  • September 22, 2023

    SPAC To Liquidate After Failed Merger With Casino Owner

    Special-purpose acquisition company 26 Capital Acquisition Corp. plans to liquidate after its failed bid to acquire the owner of Philippines casino operator Okada Manila, ending prospects for a deal that was tied up in litigation after the SPAC accused its merger target of stalling.

  • September 22, 2023

    Vexatious Vs. Virtuous: Del. Chancery Battles Dip In Decorum

    Nearly three decades after a "maggot" reference in a deposition prompted the Delaware Supreme Court to rebuke a lack of civility, a certain roughness is creeping back into the state's legal proceedings — and the Court of Chancery wants it to stop.

  • September 22, 2023

    EV Maker Says Richards Layton Can Represent It In Ch. 11

    Lordstown Motors is defending its proposed retention of Richards Layton & Finger PA as its bankruptcy co-counsel, disputing the federal bankruptcy watchdog's contention that a conflict exists that should disqualify the Delaware firm from representing the electric-truck maker in its Chapter 11.

  • September 22, 2023

    Ch. 11 Trustee Flags Family Ties In $75M NYC Site Payout

    A U.S. trustee argued that a Chapter 11 plan for a Manhattan ultra-luxury project failed to disclose that a principal for the senior creditor is the father-in-law of a principal for debtor Luxe NYC, calling into question terms of the deal that benefit the creditor company.

  • September 22, 2023

    AgileThought Gets OK For November Ch. 11 Auction

    A Delaware bankruptcy judge Friday said technology company AgileThought Inc. can go on the block in November, but a decision on the proposed baseline bid will have to wait until the company's Chapter 11 financing is finalized.

  • September 21, 2023

    Bankman-Fried Will Stay In Jail Ahead Of Trial, 2nd Circ. Rules

    FTX founder Sam Bankman-Fried will not be released from pretrial detention after he leaked a key witness' diary to the press, the Second Circuit ruled on Thursday, agreeing with the district court that he likely tried to tamper with witnesses in the looming criminal trial.

  • September 21, 2023

    Fox Corp. Beats Patent Suit Over Broadcasting Tech

    A Delaware federal judge tossed Recentive's suit accusing Fox of infringing patents used to create an internal platform for optimizing scheduling and broadcasts of NFL football games on its regional stations, saying the software uses known generic mathematical techniques, rendering them unpatentable.

  • September 21, 2023

    FTX Opens New Ch. 11 Clawback Suit In Del. Seeking $157M

    FTX Trading Ltd. sued four former employees of an affiliate Thursday in Delaware bankruptcy court who allegedly skipped customers in a line to withdraw assets in the days leading up to the crypto exchange's collapse, saying it seeks to recoup at least $157 million in supposedly fraudulent or preferential transfers.

  • September 21, 2023

    American Physician Partners Plots Quick Ch. 11 Wind Down

    Bankrupt medical staffing and hospital management company American Physician Partners told a Delaware judge Thursday that it has laid the groundwork for a quick trip through bankruptcy, with a plan to complete its Chapter 11 wind down by the end of November.

  • September 21, 2023

    Bankman-Fried's Expert Witnesses Rejected By Judge

    A Manhattan federal judge on Thursday rejected all the expert witnesses proposed by FTX founder Sam Bankman-Fried for his looming criminal trial, including the former chair of the Federal Election Commission and an English barrister.

  • September 21, 2023

    Digital Art Cohort Sues In Del. Over Alleged NFT, Crypto Theft

    Four purported members of a "digital art collective" sued their estranged business partner in Delaware's Court of Chancery late Thursday, accusing him of seizing control of operations, pushing them out of the venture, defaming them online and misappropriating more than $2.3 million in digital assets.

  • September 21, 2023

    Del. Judge Postpones Hunter Biden Arraignment 1 Week

    A Delaware federal judge has agreed to delay by a week presidential son Hunter Biden's initial appearance on three handgun-related charges, bumping Biden's appearance from Sept. 26 to Oct. 3.

  • September 21, 2023

    Chancery Shoots Down Gun Co. Co-Owner's Deal Challenge

    A former half-owner of Remington Outdoor Co. assets who failed to investigate a financing deal exclusively negotiated by the other half-owner cannot undo the sale of 2.5% of the business despite alleged "underhandedness," a Delaware vice chancellor ruled.

  • September 21, 2023

    Saul Ewing Adds Bankruptcy Pro From Bayard In Del.

    Saul Ewing LLP has hired an experienced bankruptcy partner in Delaware who previously worked at Wilmington-based Bayard PA for 14 years.

  • September 20, 2023

    $10M Verdict Against Intuitive Lowered To Just A Dollar

    A Delaware federal judge on Wednesday slashed a jury's $10 million jury damages verdict against Intuitive Surgical Inc. to just $1, holding that Rex Medical LP didn't offer up any reasonable evidence for anyone to tie the value of its surgical stapler patent to the $10 million award.

  • September 20, 2023

    State Farm Seeks $670K From Kia Over Vehicle Fire

    Kia Motors America Inc. must reimburse State Farm for the nearly $670,000 it spent covering a homeowner and her son after his 2020 Kia Soul caught fire because of an electrical failure, the insurer told a Delaware federal court Thursday.

  • September 20, 2023

    Mallinckrodt Gets Final OK For $250M Ch. 11 Financing

    Drugmaker Mallinckrodt received final approval Wednesday in Delaware bankruptcy court for $250 million of Chapter 11 financing from its prepetition secured lenders, despite one creditor's objection over proposed management bonuses.

  • September 20, 2023

    Garland Testifies On Justices, Hunter Biden In 5-Hour Hearing

    Attorney General Merrick Garland faced tough questions from lawmakers in a marathon hearing Wednesday, with Democrats calling for an investigation into U.S. Supreme Court Justice Clarence Thomas over gifts from political donors and Republicans probing whether Garland has interfered in any way with the Hunter Biden investigation.

Expert Analysis

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • Cases, Issues That May Shape The Intersection Of AI And IP

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    Courts dealing with the current, and likely growing, onslaught of intellectual property litigation concerning artificial intelligence will determine whether certain common forms of AI training constitute IP violations, while the government works to determine whether AI-generated output is itself protectable under the law, say Robert Hill and Kathryn Keating at Holland & Knight and Meghan Ryan at Southern Methodist University.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • What FERC-PJM Negotiations Mean For The Energy Industry

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    Following the aftermath of Winter Storm Elliot, disputes associated with the PJM Interconnection settlement negotiations taking place at the Federal Energy Regulatory Commission have brought to the fore a potential legal minefield arising out of extreme weather events that could lead to commercial risks for power generating companies, say attorneys at Hogan Lovells.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Del. Corporate Law Overhaul Delivers On Flexibility For Cos.

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    Recent amendments to the Delaware General Corporation Law provide needed flexibility to public companies, including by making it easier to effect stock splits or changes to authorized shares, and by streamlining the process to ratify defective corporate acts, say attorneys at Venable.

  • The Impact Of A Del. District's Procedural Shift On Disclosures

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    A Delaware federal judge's standing orders regarding corporate ownership and funding disclosure requirements have had significant impacts even outside of the judge's court, including on how patent assertion entities organize and file cases, and have addressed the ethical implications of litigation control revealed through the disclosures, say attorneys at Finnegan.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • Offshore Wind Auction Results Portend Difficulties In Gulf

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    Results of the Bureau of Ocean Energy Management's recent auction of the Gulf of Mexico lease areas tell different stories about the future of offshore wind in the U.S., with the Gulf’s low interest suggesting uncertainty and the Mid-Atlantic’s strong interest suggesting a promising market, say attorneys at K&L Gates.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • How Del. Cos. Weighed Officer Exculpation This Proxy Season

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    One year after the Delaware General Corporation Law was amended to permit state corporations to exculpate covered officers, results from the 2023 proxy season show that companies are increasingly adopting the practice, despite some hurdles such as the need for supermajority approval, say attorneys at Weil.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Employer Defenses After High Court Religious Bias Decision

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    Following the U.S. Supreme Court's recent ruling in Groff v. DeJoy — which raised the bar for proving that a worker’s religious accommodation presents an undue hardship — employers can enlist other defense strategies, including grounds that an employee's belief is nonsectarian, say Kevin Jackson and Jack FitzGerald at Foley & Lardner.

  • Top 4 Employer AI Risks And How To Mitigate Them

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    The use of generative artificial intelligence by employees to perform their job duties presents significant challenges to their employers, so companies are now left to adapt their businesses, processes and procedures to address this useful but potentially disruptive technology, say Randi May and John Walpole at Tannenbaum Helpern.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

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