• Project Boat Holdings, LLC v. Bass Pro Group, LLC

    Publication Date: 2019-06-19
    Practice Area: Contractual Disputes
    Industry: Manufacturing | Retail
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: John A. Sensing, Potter Anderson & Corroon LLP, Wilmington, DE; Mark S. Baldwin, Dylan P. Kletter and Anthony J. Boc-camazzo, Brown Rudnick LLP, Hartford, CT for plaintiff.
    for defendant: S. Mark Hurd and Richard Li, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Mike Stenglein and Tracey M. Robert-son, King & Spalding LLP, Houston, TX for defendant.

    Case Number: D68602

    Although a seller should have disclosed a manufacturing defect, the buyer was not harmed.

  • New York Law Journal

    Something to Remember: The Flexibility of Chapter 11 in Retail Situations

    June 07, 2019

    In this article, the authors discuss the successful going-concern sale of mall-based retailer Things Remembered, which stands as a testament to the benefits of the Chapter 11 process and the commercial and practical approach that must be utilized in large retail Chapter 11 cases. This case demonstrates that going-concern retail sales are possible to save businesses, even in the current retail climate, if debtors can articulate a sufficient business need for speed.

  • Brown v. Rite Aid Corp.

    Publication Date: 2019-06-05
    Practice Area: Corporate Governance
    Industry: Retail
    Court: Court of Chancery
    Judge: Vice Chancellor Zurn
    Attorneys: For plaintiff: John M. Seaman and Matthew L. Miller, Abrams & Bayliss LLP, Wilmington, DE; Ray Shepard, The Shepard Law Firm LLC, Pasadena, MD for plaintiff
    for defendant: David J. Margules, Jessica C. Watt, and Evan W. Krick, Ballard Spahr LLP, Wilmington, DE; William A. Slaughter and William B. Igoe, Ballard Spahr LLP, Philadelphia, PA for defendant

    Case Number: D68583

    Former director/officer was entitled to mandatory indemnification by prevailing in corporate lawsuit against him for acts taken in his official capacity by ultimately enforcing court's prior order barring corporation from asserting suits against its directors and officers.

  • Corporate Counsel

    Rite Aid Must Indemnify Ex-Chief Counsel After Unsuccessful Suit Against Him

    May 28, 2019

    Three sources of authority—Delaware law, Rite Aid's bylaws and its charter—support Franklin Brown's claim for mandatory indemnification from the drugstore chain, the Delaware Chancery Court recently ruled.

  • Harris v. Lord & Taylor LLC

    Publication Date: 2019-05-08
    Practice Area: Class Actions | Cybersecurity
    Industry: Retail
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Ralph N. Sianni, Andersen Sleater Sianni, LLC, Wilmington, DE; Janine Pollack, The Sultzer Law Group P.C., New York, NY; Daniel Tepper, Wolf Haldenstein Adler Freeman & Herz LLP, New York, NY; Ben Barnow and Erich P. Schork, Barnow and Assoc., P.C., Chicago, IL; Howard L. Longman and Melissa R. Emert, Stull, Stull & Brody, New York, NY; Charles E. Schaffer, Levin Sedran & Berman LLP, Philadelphia, PA; Jeffrey S. Goldenberg, Goldenberg Schneider, LPA, Cincinnati, OH; Gary Ma-son, Whitfield Bryson & Mason LLP, Washington, DC; Laurence D. King and David A. Straite, Kaplan Fox & Kilsheimer, LLP, New York, NY; John A. Yanchunis and Ryan McGee, Morgan & Morgan, Tampa, FL; Jean Sutton Martin, The Law Office of Jeane Sutton Martin PLLC, Wilmington, NC; Lynda J. Grant, The Grant Law Firm PLLC, New York, NY for plaintiff and pro-posed class.
    for defendant: Jody C. Barillare, Gregory T. Parks, Ezra D. Church and Kristin M. Hadgis, Morgan, Lewis & Bockius, LLP, Wilmington, DE and Philadelphia, PA for defendant.

    Case Number: D68553

    Both public and private interests favored the transfer of this class action proceeding to a federal district court in another state, where a similar action was already pending.

  • Delaware Business Court Insider

    Future Brightens for Quinn Emanuel Hair Treatment Case

    May 07, 2019

    Judge Joseph Bataillon says he will enjoin L'Oreal from marketing products that infringe a patent held by Olaplex LLC—notwithstanding a Patent Trial and Appeal Board decision finding the patent invalid.

  • Delaware Business Court Insider

    US Judge Transfers Lord & Taylor Data Breach Lawsuit From Delaware to Manhattan Federal Court

    April 25, 2019

    U.S. District Judge Maryellen Noreika granted Lord & Taylor's request to transfer the suit to the U.S. District Court for the Southern District of New York, which is home to the high-end retailer's corporate headquarters and all of its corporate records.

  • Delaware Business Court Insider

    Del Judge Denies $1.5M in Attorney Fees Sought for Corporate Benefit in Merger Challenge

    April 11, 2019

    The Delaware Chancery Court on Wednesday cited the “steadfast opposition” of three New York-based plaintiffs' firms in denying their bid to recover $1.5 million in fees for finding flaws in an unsuccessful challenge to the merger of two major furniture companies.

  • Summers v. Cabela's Wholesale, Inc.

    Publication Date: 2019-04-10
    Practice Area: Wrongful Death
    Industry: Retail
    Court: Delaware Superior Court
    Judge: Judge Medinilla
    Attorneys: For plaintiff: Bruce L. Hudson, Hudson & Castle Law, LLC, Wilmington, DE; Jonathan E. Lowy and Erin C. Davis, Brady Center to Prevent Gun Violence, Washington, DC for plaintiff.
    for defendant: Francis G.X. Pileggi, Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE; James B. Vogts, Swanson, Martin & Bell LLP, Chicago, IL for defendant.

    Case Number: D68523

    Defendant was entitled to dismissal of negligence claims where it complied with all statutory requirements for the sale of a firearm.

  • Delaware Business Court Insider

    $160M Settlement Approved by Arkansas Federal Judge in Walmart Bribery Suit

    April 09, 2019

    A federal judge in Arkansas on Tuesday gave her final approval to a $160 million settlement in a securities class action stemming from the alleged bribery scheme involving Walmart's Mexican subsidiary.