Delaware

  • April 04, 2024

    Sport Aircraft Maker Icon Hits Ch. 11 With $170M Debt

    Light-sport aircraft manufacturer Icon Aircraft filed for Chapter 11 protection in Delaware bankruptcy court Thursday with more than $170 million in debt and plans for an asset sale and liquidation.

  • April 03, 2024

    Sanofi Plans To Settle 4,000 Zantac Cancer Claims

    Sanofi said Wednesday that it has reached an agreement in principle to settle about 4,000 personal injury claims linking the discontinued heartburn drug Zantac to cancer.

  • April 03, 2024

    AT&T Faces Investor Suit Over $43B WarnerMedia Spinoff

    A Warner Bros. Discovery shareholder accused AT&T and its CEO John Stankey of hiding how serious the company's problems were as it spun off its $43 billion WarnerMedia unit, alleging that caused Discovery to pay far too much when it merged with its fellow news and entertainment giant. 

  • April 03, 2024

    Lucky Bucks Ch. 7 Trustee's Fraud Suit Can Continue In Del.

    A Delaware bankruptcy judge on Wednesday allowed an adversary suit brought by the Chapter 7 trustee for Georgia-based gambling machine company Lucky Bucks Holdings LLC to move forward, saying the court doesn't have enough information about fraud allegations to dismiss the case.

  • April 03, 2024

    Joonko Tells Chancery Ex-CEO Shouldn't Get Legal Fees

    Defunct job board startup Joonko, which closed last year after its CEO resigned amid fraud allegations, told Delaware's Court of Chancery on Wednesday that it has no obligation to advance her defense costs in federal government investigations because she is no longer a director or officer of the company.

  • April 03, 2024

    Pool Pump Co. Says 3rd Circ. Must Vacate New Energy Rule

    Pool products maker Zodiac Pool Systems LLC went to the Third Circuit Wednesday to challenge a new U.S. Department of Energy rule that the company says goes beyond the department's legal authority by setting energy conservation standards for pool pumps, which Zodiac asserts are exempt from such regulations.

  • April 03, 2024

    3rd Circ. Judge Wonders If Philly Union Rule Dispute Is Moot

    A Third Circuit judge on Wednesday wondered whether a former Philadelphia mayor's order requiring contractors to pay dues to "city-approved" unions was now moot, given the new administration's assurances that it won't be implemented, as contractors urged the court to find that the scrapped rule should be banned by law.

  • April 03, 2024

    3rd Circ. Won't Block Order To Replace NJ 'County Line' Ballot

    A federal appellate court panel refused Wednesday to block a district court order requiring New Jersey to change the layout of its ballot before the June 4 primary, even though some county clerks who are responsible for preparing the ballots argued that it was not feasible to make the changes in time.

  • April 03, 2024

    14 AGs Urge DOL To Seek More Payroll Info From Contractors

    Contractors performing construction, alteration or repair work on government buildings should have to give the U.S. Department of Labor more detailed information about the deductions they take from workers' wages, a coalition of Democratic state attorneys general told the agency in a letter publicized Wednesday.

  • April 03, 2024

    Blue Bell Creameries Panel Seeks Del. Derivative Suit Revival

    Citing a failure to reach a mediated settlement, a Blue Bell Creameries Inc. board panel has moved to reactivate a long-sidelined Delaware Court of Chancery derivative suit seeking to hold the ice cream company's past directors and officers accountable for deadly food-safety oversight failures in 2015.

  • April 03, 2024

    CEO's $5.2B Pay Plan Not Like Musk's, Trade Desk Says

    A potentially $5.2 billion stock option grant that The Trade Desk Inc. gave its CEO is nothing like a recently voided $55 billion compensation package that Tesla's board gave Elon Musk, and a shareholder suit challenging the award should be dismissed, the company told Delaware's Court of Chancery on Wednesday.

  • April 03, 2024

    Casa Systems Files For Ch. 11 With $316M Debt, Plans Sale

    Communications equipment company Casa Systems Inc. filed for Chapter 11 protection in Delaware, with plans to sell its 5G mobile core and RAN business to software company Lumine Group.

  • April 03, 2024

    Window-Shading Co. View Inc. Hits Ch. 11 With $359M Debt

    View Inc., a maker of office windows that automatically shade in response to sunlight, has filed for Chapter 11 protection in Delaware bankruptcy court with $359.4 million in debt and an agreement to hand the company to lenders.

  • April 02, 2024

    Crypto Co. Beats RICO But Not Fraud Claim Over $186M Hack

    A Delaware federal judge has significantly trimmed a proposed class action accusing companies behind a blockchain system that enabled users to transfer crypto of running an illegal money-transmitting business and misrepresenting the system's security measures before a $186 million hack, saying the suit's racketeering, negligence and conversion claims all fail.

  • April 02, 2024

    Backlash To 3rd Circ. Nom Could Hamper More Muslim Picks

    Only two Muslims serve on the federal bench, well below the prevalence of people practicing the faith within the U.S., and the recent travails of a third picked to serve on the court might bode ill for adding more.

  • April 02, 2024

    3rd Circ. Preview: Black Lung, Back Pay On Tap In April

    The Third Circuit this month will consider Keystone Coal Mining Co.'s contention that a lower court erred in deeming a miner's black lung a "total disability," while a shuttered rehabilitation facility has asked the court to undo the National Labor Relations Board's determination that it owes unionized employees back pay and bonuses for work done during the COVID-19 pandemic.

  • April 02, 2024

    Judge Notes There's No 'Jump To Conclusions' Mat In His Court

    In throwing out a lawsuit against a luxury car brand, a Delaware federal judge likened an expert report proffered by a patent litigation outfit to the absurd "Jump To Conclusions" mat from the 1999 movie "Office Space."

  • April 02, 2024

    Straight Path Attys Seek $9.5M Fee After Chancery IDT Ruling

    Attorneys who mostly lost a yearslong Court of Chancery stockholder suit seeking as much as $1.2 billion in damages from IDT Corp. founder Howard Jonas based on allegedly coerced liability releases are seeking a $9.5 million attorney fee, saying the case proved Jonas' fiduciary disloyalty.

  • April 02, 2024

    Hunter Biden Can't Toss 'Vindictive' Criminal Tax Charges

    Hunter Biden lost his bid to end his criminal tax case over claims his prosecution is vindictive and politically motivated, among other arguments, after a California federal judge ruled Monday that Biden "filed his motion without any evidence" and merely "cites portions of various internet news sources, social media posts and legal blogs."

  • April 02, 2024

    Theseus Investor Seeks Appraisal After Concentra Merger

    A fund invested in clinical-stage biopharmaceutical company Theseus Pharmaceuticals Inc. has petitioned Delaware's Court of Chancery for an appraisal of the investor's 250,000 shares following Theseus' $4.05 per-share consolidation in February with Concentra Biosciences LLC.

  • April 02, 2024

    Chile Telecom Co. WOM Can Tap $100M DIP In US Bankruptcy

    The second-largest cellphone network operator in Chile, WOM SA, can access $100 million of a debtor-in-possession package during the first leg of its Chapter 11 case, a Delaware bankruptcy judge ruled Tuesday, overriding objections from creditors.

  • April 02, 2024

    Fed. Circ. Seems Ready To Revive Amarin's Skinny Label Suit

    A Federal Circuit panel seemed wary Tuesday of a Delaware federal judge's decision to throw out Amarin Pharma Inc.'s infringement suit over Hikma Pharmaceuticals USA Inc.'s limited-use version of the blockbuster cardiovascular drug Vascepa, suggesting the district court may have been too hasty.

  • April 02, 2024

    Insurer Sues For Oxbow Director Legal Fees In Crestview Suit

    An insurer for two former Oxbow Carbon LLC directors sued the company in Delaware's Court of Chancery on Monday seeking recovery of millions paid to defend the pair in a long-running battle dating to 2016 over investor efforts to force a sale of the multifaceted energy company.

  • April 02, 2024

    Del. Justices Agree To Review Ex-Xerox Unit Coverage Row

    The Delaware Supreme Court agreed Tuesday to review a lower court's decision to set aside a jury verdict finding that an ex-Xerox unit tried to defraud its insurers into providing coverage for a portion of a $236 million Medicaid fraud-related settlement with Texas.

  • April 02, 2024

    Arena Group Shareholders Sue Former CEO In Delaware

    Shareholders of the Arena Group — the digital publisher behind Sports Illustrated, TheStreet, Men's Journal and other brands — have sued the group's former CEO in Delaware's Court of Chancery, alleging wrongdoings ranging from fraud to gross negligence and demanding more than $10 million in compensatory damages.

Expert Analysis

  • Del. Dispatch: Clarification On Fiduciary Duties Of Controllers

    Author Photo

    The Delaware Chancery Court’s January opinion in a Sears Hometown and Outlet Stores' stockholder dispute — holding that a controlling stockholder owes the company and minority shareholders some fiduciary duties when selling shares or voting to change the status quo — suggests instances where investors opposing board decisions should tread carefully, say attorneys at Fried Frank.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

    Author Photo

    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

    Author Photo

    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • 3 Strategies For Aggressive Judgment Enforcement

    Author Photo

    As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.

  • Musk Pay Package Ruling Offers Detailed Lesson On Del. Law

    Author Photo

    Anat Alon-Beck and John Livingstone at Case Western Reserve University discuss the specifics that led Delaware's chancellor to rescind Elon Musk's $55.8 billion Tesla pay package on Jan. 30, how the state’s entire fairness doctrine played into the ruling, and its bigger-picture impact on the executive compensation landscape.

  • Chancery's Sears Ruling Clarifies Stockholder Duties

    Author Photo

    In a recent landmark decision involving stockholders of Sears Hometown and Outlet Stores, the Delaware Chancery Court addressed for the first time what precise duties a controlling stockholder owes, highlighting that controller interference with board action is not per se invalid and that enhanced scrutiny is a reasonableness test, say Christopher Chuff and Taylor Bartholomew at Troutman Pepper.

  • Del. Ruling Adds Momentum For Caremark Plaintiffs

    Author Photo

    The Delaware Supreme Court's recent opinion in Lebanon County Employees' Retirement Fund v. Collis could be viewed as expanding plaintiffs' ability to viably plead a Caremark claim against directors, so Delaware companies should be on heightened alert and focus on creating a record of board oversight, say attorneys at V&E.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

    Author Photo

    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

    Author Photo

    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • 1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight

    Author Photo

    In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

    Author Photo

    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • The Questions Around Prometheum's SEC-Compliant Strategy

    Author Photo

    While the rest of the crypto industry has been engaged in a long-running battle to escape the U.S. Securities and Exchange Commission's jurisdiction, a once-obscure startup called Prometheum has instead embraced the SEC's view to become the first crypto special-purpose broker-dealer, but it's unclear whether it can turn its favored status into a workable business, says Keith Blackman at Bracewell.

  • NY, Del. May Be Trending Against Noncompete Enforceability

    Author Photo

    While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

    Author Photo

    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Del. Ruling Features Valuable Analysis For IPR Estoppel Args

    Author Photo

    Last month, the District Court of Delaware held in Prolitec v. ScentAir Technologies that IPR estoppel does not apply to device art, and the analysis in the case provides welcome illumination for how IPR estoppel arguments should be decided, says Chris Ponder at Sheppard Mullin.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!