• In re: Old BPSUSH Inc.

    Publication Date: 2019-07-03
    Practice Area: Bankruptcy
    Industry: Accounting | Consumer Products | Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68618

    Bankruptcy court determined that the work product doctrine did not prevent the liquidation trustee from receiving records relating to a law firm's pre-petition work for debtor's audit committee, except for internal firm documents.

  • Shareholder Representative Services LLC v. RSI Holdco, LLC

    Publication Date: 2019-06-19
    Practice Area: Mergers and Acquisitions
    Industry: Aerospace | Investments and Investment Advisory | Legal Services
    Court: Court of Chancery
    Judge: Vice Chancellor McCormick
    Attorneys: For plaintiff: Rudolf Koch, Susan M. Hannigan and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Christopher F. Robertson and Alison K. Eggers, Seyfarth Shaw LLP, Boston, MA for plaintiff and third-party defendants.
    for defendant: John P. DiTomo and Jarrett W. Horowitz, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Roberto M. Braceras, Adam Slutsky and Ezekiel L. Hill of Goodwin Procter LLP, Boston, MA for defendants.

    Case Number: D68604

    The parties' merger agreement contained a provision which preserved the attorney-client privilege regarding pre-merger communications between sellers and their attorney.

  • ISN Software Corp. v. Richards, Layton & Finger, P.A.

    Publication Date: 2019-03-06
    Practice Area: Legal Malpractice | Mergers and Acquisitions
    Industry: Investments and Investment Advisory | Legal Services | Software
    Court: Delaware Superior Court
    Judge: Judge Johnston
    Attorneys: For plaintiff: Christopher H. Lee and Blake A. Bennett, Cooch and Taylor, P.A.; Timothy S. Perkins, Underwood Perkins, P.C. for plaintiff.
    for defendant: P. Clarkson Collins, Jr., Carl N. Kunz, III, and Kathleen A. Murphy, Morris James LLP; George M. Kryder and Melissa L. James, Vinson & Elkins LLP for defendants.

    Case Number: D68450

    Legal malpractice action accrued once counsel advised plaintiff client of potential issues with counsel's advice regarding a cash-out merger, which could have resulted financial losses for plaintiffs.

  • LendUS, LLC v. Goede

    Publication Date: 2019-01-02
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services | Retail
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Stephen L. Caponi and Matthew B. Goeller, K&L Gates LLP, Wilmington, DE for plaintiff.
    for defendant: Richard M. Beck and Sean M. Brennecke, Klehr Harrison Harvey Branzburg LLP, Wilmington, DE; Clifford A. Wolff, Wolff Law, Fort Lauderdale, FL; David K. Stein, Bricker & Eckler, Columbus, OH for defendants.

    Case Number: D68408

    Pro hac vice admission terminated and sanctions imposed where counsel's conduct demonstrated a settled intent to intimidate deposition witnesses and harass opposing counsel, reflecting conduct unbecoming an attorney.

  • Wigginton v. Advance Auto Parts, Inc.

    Publication Date: 2018-11-14
    Practice Area: Class Actions | Securities Litigation
    Industry: Automotive | Legal Services | Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Brian E. Farnan and Michael J. Farnan of Farnan LLP, Wilmington, DE; Phillip Kim of The Rosen Law Firm, P.A., New York, NY; Peter B. Andrews, Craig J. Springer and David M. Sborz of Andrews & Springer LLC, Wilmington, DE; Ira M. Press, David A. Bishop and Thomas E. Elrod of Kirby Mcinerney LLP, New York, NY; Jeffrey M. Gorris and Christopher P. Quinn of Friedlander & Gorris, P.A., Wilmington, DE; Danielle S. Myers of Robbins, Geller, Rudman & Dowd LLP, San Diego, CA; P. Bradford deLeeuw of Rosenthal, Monhait & Goddess, P.A.; Naumon A. Amjed, Darren J. Check and Ryan T. Degnan of Kessler Topaz Meltzer & Check, LLP, Radnor, PA, attorneys for plaintiffs
    for defendant: Samuel A. Nolen and Katharine L. Mowrey of Richards Layton & Finger, P.A.; Douglas P. Baumstein and Susan L. Grace of White & Case LLP, New York, NY, attorneys for defendants.

    Case Number: D68351

    Institutional investor with largest financial interest in putative securities fraud class action was entitled to presumption as lead plaintiff despite falling afoul of the 5-in-3 Rule due to the statutory preference for institutional investors serving as lead plaintiffs in securities class actions.

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  • Camarillo Holdings LLC v. Amstel River Holdings, LLC

    Publication Date: 2018-11-07
    Practice Area: Damages | Fee Disputes
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Stark
    Attorneys: For plaintiff: Kathleen M. Miller, Robert K. Beste, III, Smith, Katzenstein & Jenkins LLP, Wilmington, DE, attorneys for plaintiff
    for defendant: Paul D. Brown, Joseph B. Cicero, Chipman Brown Cicero & Cole, LLP, Wilmington, DE; Mark A. Castillo, Curtis Castillo PC, Dallas, TX, attorneys for defendants.

    Case Number: D68344

    Remand granted where face of plaintiffs' complaint failed to give rise to any federal cause of action and where defendants' potential defenses under federal law were ineligible to create federal question jurisdiction.

  • McCarthy v. Fifer

    Publication Date: 2018-08-01
    Practice Area: Contracts | Legal Malpractice
    Industry: Investments and Investment Advisory | Legal Services | Real Estate
    Court: Delaware Superior Court
    Judge: Judge Primos
    Attorneys: For plaintiff:
    for defendant:

    Case Number: D68235

    The court denied motions for judgment on the pleadings with regard to two legal malpractice claims involving the improper titling of investment properties, because the complaint adequately alleged matters relating to standing and damages.

  • RCS Creditor Trust v. Schulte Roth & Zabel LLP

    Publication Date: 2018-05-30
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Walrath
    Attorneys: For plaintiff: Ronald S. Gellert, Joseph L. Steinfeld, Kara E. Casteel, Bethany J. Rubis and Edward E. Neiger for RCS Creditor Trust
    for defendant: Adam G. Landis, James S. Green, Jr. and Michael L. Cook, for Schulte Roth & Zabel.

    Case Number: D68162

    After weighing the factors regarding transfer of this proceeding for avoidance of pre-petition transfers, the court concluded that the case should remain in the district where the underlying bankruptcy case was filed.

  • Stanziale v. Richards, Layton & Finger, P.A.

    Publication Date: 2018-04-25
    Practice Area: Bankruptcy
    Industry: Legal Services
    Court: U.S. Bankruptcy Court
    Judge: Judge Sontchi
    Attorneys: For plaintiff: Mark M Billion and Erin J. Kennedy for plaintiff
    for defendant: Marcos A. Ramos and Joseph Barsalona II for defendant.

    Case Number: D68123

    Bankruptcy trustee was precluded from amending a complaint where the parties had previously entered a stipulated dismissal of the subject claims, and revival prejudiced defendant.

  • Newsome v. Lawson

    Publication Date: 2018-01-17
    Practice Area: Civil Procedure | Discovery
    Industry: Legal Services
    Court: U.S. District Court of Delaware
    Judge: District Judge Andrews
    Attorneys: For plaintiff: Laura Davis Jones, James E. O'Neill, Ali M.M. Mojdehi and Janet Dean Gertz for plaintiff
    for defendant: James W. Semple, Paula J. Quillin and Joseph R. Farris for defendants.

    Case Number: D68011

    Attorneys who formerly engaged in joint representation were not allowed to withhold documents based on a non-party joint clients objection to disclosure, and the attorney-client privilege did not apply to communications relevant to the matter of common interest for which they were retained as joint attorneys.