• In re Maxus Energy Corp.

    Publication Date: 2019-03-20
    Practice Area: Bankruptcy | Environmental Law
    Industry: Chemicals and Materials
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Robert J. Dehney, Curtis S. Miller and Daniel B. Butz, Morris, Nichols, Arsht & Tunnell, LLP, Wilmington, DE; Robert Lemons, Weil, Gotshal & Manges LLP, New York, NY; Edward Soto, Miami, FL for Repsol defendants.
    for defendant: Brian E. Farnan and Michael J. Farnan, Farnan LLP, Wilmington, DE; J. Christopher Shore,White & Case LLP, New York, NY for liquidating trustee.

    Case Number: D68497

    Bankruptcy court declined to abstain because neither mandatory abstention nor the Rooker-Feldman doctrine applied to the facts, and permissive abstention would interfere with the creditors' recovery.

  • Otto Candies, LLC v. KPMG LLP

    Publication Date: 2019-03-13
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Energy
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: David E. Ross, Ross, Aronstam & Moritz LLP, Wilmington, DE; Terry L. Wit, A. William Urquhart, Juan P. Morillo, Derek L. Shaffer, and Lauren H. Dickie, Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA and Washingto, DC for plaintiffs.
    for defendant: Kevin R. Shannon, Matthew F. Davis, and Christopher N. Kelly, Potter Anderson & Corroon LLP, Wilmington, DE; Gregory G. Ballard and Jose F. Sanchez, Sidley Austin LLP, New York, NY; Todd Schlitz, Drinker Biddle & Reath LLP, Wilmington, DE; Robert A. Scher and Jonathan H. Friedman, Foley & Lardner LLP, New York, NY; Timothy J. Houseal, Jennifer M. Kinkus, and William E. Gamgort, Young Conaway Stargatt & Taylor LLP, Wilmington, DE; Ana C. Reyes, Williams & Connolly, Washington, DC, attorneys for defendants.

    Case Number: D68489

    Plaintiffs' negligent misrepresentation claim against their debtor's auditing firm dismissed where the court lacked personal jurisdiction over foreign subsidiaries and where there was no privity of contract or special relationship between plaintiffs and auditor or justifiable reliance on alleged misrepresentations.

  • Delaware Business Court Insider

    11 Lawyers Named to Tort Claims Committee in Talc Supplier's Bankruptcy

    March 07, 2019

    Many of the committee's members, including plaintiffs' attorneys Mark Lanier and Ted Meadows, brought the largest number of nearly 15,000 talcum powder lawsuits against talc supplier Imerys and Johnson & Johnson.

  • Corporate Counsel

    Tesla, CBS and United See New General Counsel: February 2019 In-House Moves

    February 28, 2019

    A roundup of major in-house moves occurring in February.

  • Inter-Marketing Group USA, Inc. v. Armstrong

    Publication Date: 2019-02-13
    Practice Area: Corporate Entities | Environmental Law
    Industry: Energy | Investments and Investment Advisory
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Theodore A. Kittila, Halloran Farkas & Kittila LLP, Wilmington, DE; Gregory M. Nespole and Correy A. Kamin, Wolf HaldensteinAdler Freeman & Herz LLP, New York, NY for plaintiff.
    for defendant: Srinivas M. Raju and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Michael C. Holmes, Craig E. Zieminski, Kimberly R. McCoy, and Jeffrey Crough, Vinson & Elkins LLP, Dallas, TX for defendants.

    Case Number: D68456

    Derivative complaint dismissed for failure to make demand, where demand would not be futile as a majority of directors were disinterested and independent as nominal defendant's partnership agreement eliminated the directors' personal liability.

  • Delaware Law Weekly

    Del. Chancery Court Gives Plaintiffs Second Chance in Derivative Case Stemming From Oil Spill

    February 01, 2019

    Vice Chancellor Tamika Montgomery-Reeves ruled Thursday that the complaint from investor Inter-Marketing Group USA failed to establish demand futility by alleging that a majority of the Plains board likely faced personal liability in connection with the spill.

  • Delaware Law Weekly

    Bayard Appoints 2 Bankruptcy and Restructuring Co-Chairs

    January 28, 2019

    Bayard appointed Scott D. Cousins and Justin R. Alberto as co-chairs of the firm's corporate bankruptcy and restructuring group.

  • Connecticut Law Tribune

    Robinson & Cole Makes Major Play in Bankruptcy Arena, Adding Offices in Philly, Wilmington

    January 21, 2019

    The move includes the addition of five new lawyers, including three partners from Philadelphia with broad bankruptcy experience.

  • In re La Paloma Generating Co.

    Publication Date: 2019-01-16
    Practice Area: Bankruptcy
    Industry: Financial Services and Banking | Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark D. Collins and Jason M Madron, Richards, Layton & Finger, P.A., Wilmington, DE; M. Natasha Labovitz, Craig A. Bruens, Nick S. Kaluk, III and Elie J. Worenklein, Debevoise & Plimpton LLP, New York, NY for debtors.
    for defendant: Jeffrey M. Schlerf and L. John Bird, Fox Rothschild LLP, Wilmington, DE; Thomas E. Lauria, White & Case LLP, Miami, FL; Roberto Kampfner, White & Case LLP, Los Angeles, CA; Douglas P. Baumstein, J. Christopher Shore and Andrew Zatz, White & Case LLP, New York, NY for LNV Corp. Jody C. Baril-lare, Morgan, Lewis & Bockius LLP, Wilmington, DE; Glenn E. Siegel, Joshua Dorchak and Rachel Jaffe Mauceri, Morgan, Lewis & Bockius LLP, New York, NY for the ad hoc group of second lien creditors.

    Case Number: D68427

    The bankruptcy court granted the motion of a first-lien lender to enforce an intercreditor agreement which pro-vided that its lien was to be satisfied in full, prior to any payment for the group of second-lien lenders.

  • Delaware Law Weekly

    Gibson Dunn Hires Litigator From Kirkland & Ellis Who's 'Done a Tremendous Amount of Delaware Litigation'

    January 14, 2019

    Shireen Barday is a generalist who focuses on business litigation.