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June 16, 2023 | Delaware Business Court Insider
"It is black letter law in this Circuit that the gold standard for determining the value of an asset is to sell it in an open and fair market," stated U.S. Bankruptcy Judge Brendan Linehan Shannon. "A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process.
By Colleen Murphy
4 minute read
February 2, 2023 | Delaware Business Court Insider
"Legal duties do not spring from silence. Congress never said that drug makers must deliver discounted Section 340B drugs to an unlimited number of contract pharmacies," Judge Stephanos Bibas wrote. "So by trying to enforce that supposed requirement, the government overstepped the statute's bounds. And HHS did not violate the APA by purporting to withdraw the proposed ADR Rule before later finalizing it."
By Colleen Murphy
7 minute read
December 15, 2022 | Delaware Business Court Insider
"The sheriff's sale occurred more than eight months after Harmon filed her first complaint, and therefore the first action does not bar her claims challenging the sheriff's sale," stated the per curiam opinion. "The District Court reasoned that Harmon could have amended her complaint in the first action to include these later-arising claims, but Morgan chose its bright-line rule in part to avoid 'disputes about whether plaintiffs could have amended their initial complaints to assert claims based on later-occurring incidents.'"
By Colleen Murphy
3 minute read
December 15, 2022 | Law.com
"The sheriff's sale occurred more than eight months after Harmon filed her first complaint, and therefore the first action does not bar her claims challenging the sheriff's sale," stated the per curiam opinion. "The District Court reasoned that Harmon could have amended her complaint in the first action to include these later-arising claims, but Morgan chose its bright-line rule in part to avoid 'disputes about whether plaintiffs could have amended their initial complaints to assert claims based on later-occurring incidents.'"
By Colleen Murphy
3 minute read
November 30, 2022 | Delaware Business Court Insider
A federal judge in New Jersey denied a motion by BJ's Wholesale and Conagra Brands that had accused the plaintiff of fraudulently joining a New Jersey resident to the case in order to defeat diversity jurisdiction and prevent removal to federal court.
By Colleen Murphy
3 minute read
October 24, 2022 | Delaware Business Court Insider
"The WESCA 'emphasizes the protection of privacy,'" stated Judge Thomas L. Ambro. "Consistent with that emphasis, it applies when anyone intercepts communications—that is, takes an action to acquire them with a device. And it requires all parties—not just a party—to consent to that interception."
By Colleen Murphy
7 minute read
September 19, 2022 | Delaware Business Court Insider
"Jenzack asks us to slalom past an intervening settlement agreement and a plainly written consent judgment to award it more than a million dollars in post-judgment interest," Judge Joseph A. Greenaway Jr. stated. "We choose a different path."
By Colleen Murphy
7 minute read
September 12, 2022 | Delaware Business Court Insider
In a precedential opinion, the U.S. Court of Appeals for the Third Circuit ruled that White & Case is not conflicted out of a bankruptcy case after hiring a partner from opposing counsel Sidley Austin who previously worked on the matter.
By Colleen Murphy
4 minute read
Daily Business Review honors attorneys and judges who have made a remarkable difference in the legal profession in Florida.
Consulting magazine is proud to recognize this unique group of movers and shakers at our annual Rising Stars of Profession awards.
Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies
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In Memoriam: Richard "Dick" K. DeScherer (1944-2024) We mourn the loss of our friend and former partner and Co-Chairman, Richard "Dick" K. DeScherer. Dick was a member of Willkie Farr & Gallagher LLP for more than 24 years. He was the consummate business lawyer, wonderful colleague and true friend. He joined the Bloomberg organization in 2012, a client for whom he had served as their principal legal advisor since their inception, and later was appointed as a member of their board. Dick's knowledge and experience were unparalleled, as evidenced by appointment to leadership and board positions at numerous well-respected organizations. He was deeply involved in civic and community engagements through his work with the S.L.E. (Lupus) Foundation, Lupus Research Institute, United Hospital Fund of New York, Lincoln Center for the Performing Arts, National Dance institute, and Baryshnikov Dance Foundation, among others. He received an LL.M. in Taxation from New York University in 1970, a J.D. from Georgetown University Law Center in 1969, and a B.A. from the University of Virginia in 1966. He was a member of the American Bar Association, the New York State Bar Association and the Association of the Bar of the City of New York. We offer our sincerest condolences to his family, including his wife Jennie, son Christopher and wife Amanda, daughter Kate, and grandchildren Emmett, Serena, George, Emily and Madeline. We will remember Dick with the utmost respect, admiration and affection. His loss will be felt by his many friends and colleagues at Willkie, and by all those whose lives he touched.
Congratulations to FLB Law's Newest Partner Matthias J. Sportini
Welcome Judge Joseph Quinn (Ret.) The Honorable Joseph P. Quinn, J.S.C., retired New Jersey Superior Court Judge, served for 23 years in the court s Civil, Chancery, and Family Divisions, where he was a strong proponent of mediation and alternate dispute resolution. As the head of Ansell.Law s mediation practice, Judge Quinn provides a valuable resource to parties seeking a final and efficient resolution of their disputes. ANSELL GRIMM & AARON, PC 732-922-1000 https://ansell.law/