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News
Litigator of the Week: A Landmark Multibillion Dollar???Forever Chemicals??? Settlement for the State of New Jersey
1+ day, 23+ hour ago (203+ words) William J. Jackson and a team at Kelley Drye & Warren represented the state in ground-breaking litigation against Dupont and 3M over contamination of the state's lands and waterways with per- and polyfluoroalkyl substances, or PFAS. Our Litigator of the Week is William…...
'Why Delaware?': Conservative Influencer's Attorneys Ask in French First Couple's Defamation Case
2+ week, 5+ day ago (286+ words) Candace Owens' attorneys have asked Superior Court Judge Sheldon Rennie to dismiss the complaint, filed a year ago by French President Emanuel Macron and first lady Brigitte Macron, or to strike the amended complaint the couple has since filed. Superior…...
Delaware Superior Court Holds That SEC Disgorgement Is not Excluded as a Penalty nor Uninsurable as a Matter of Law
3+ week, 5+ day ago (188+ words) In 2021, New York ruled SEC disgorgement isn’t an uninsurable penalty, and Delaware followed, holding it is covered by insurance unless explicitly labeled as a penalty. These rulings suggest disgorgement may often be insurable, depending on policy terms. In 2021, the New…...
Delaware Enacts Uniform Assignment for the Benefit of Creditors Act with Minor Modifications
1+ mon, 1+ day ago (176+ words) In a closely followed venue dispute, the Bankruptcy Court for the District of New Jersey recently held that venue in the district was proper in the Chapter 11 cases of Multi-Color Corporation and its affiliates. The decision is significant because it…...
Delaware Judge Tosses Biotech Exec.'s $700M Suit Over Failed IPO
1+ mon, 2+ week ago (279+ words) A Delaware judge dismissed a former Aurion Biotech executive's challenge to a stockholder's alleged takeover of the company, finding he failed to plausibly allege that defendants caused the abandonment of the planned IPO. A Delaware Chancery Court judge has dismissed…...
Georgia or Delaware? Appellate Court Weighs Jurisdiction Over Insurance Liquidation
2+ mon, 4+ day ago (286+ words) The appellant argued that the Georgia Insurance Liquidation Act prioritizes administrative expenses, policyholders and medical providers over an insurer’s creditors—if the liquidation proceeds are distributed in Delaware, that order of priority will be turned on its head. A dispute…...
Delaware Excellence Attorney of the Year Q&A—Michael Barlow, Quinn Emmanuel
2+ mon, 5+ day ago (118+ words) Excellence has always required the same things: preparation, judgment, and the ability to perform when it matters most. The lawyers who excel today are the ones who have been in c... Delaware Excellence Attorney of the Year Q&A—Michael Barlow,…...
Reining in Transactional Exclusions: Delaware Courts Narrow D&O Coverage Bars and Raise the Burden on Insurers
2+ mon, 1+ week ago (182+ words) Recent Delaware decisions reinforce a trend that policyholders and coverage practitioners have increasingly sensed over the last several years: courts are becoming less receptive to insurer efforts to apply transaction-related exclusions beyond their text and are requiring insurers to carry…...
NJ's Am Law 200 Firms Blow Past National Growth Margins, Buoyed by Mergers and Litigation
3+ mon, 1+ week ago (180+ words) A quartet of Garden State law firms saw big jumps in rank and revenue in the Am Law 200. Four Garden State law firms listed in this year's Am Law 200 rankings saw a rise in placement and revenue generation, with merger…...
Delaware Supreme Court Upholds Dismissal of Challenge to Advance Notice Bylaw
3+ mon, 2+ week ago (274+ words) The appeal involved two cases, both raising the same issue: whether shareholders can challenge advance notice bylaws they say are defensive and entrenching in the Court of Chancery if those shareholders don't intend to nominate a director and haven't shown…...