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September 02, 2019 | Delaware Law Weekly

DSBA to Hold Fundamentals of Family Law Program

The Delaware State Bar Association is set to hold a "Fundamentals of Family Law" CLE program.
1 minute read
August 21, 2019 | Delaware Law Weekly

Bayard Associate and Paralegal Speak at University of Delaware

Bayard associate Megan McGovern, alongside paralegal Chantal Rhoads, spoke at the University of Delaware’s Advanced Paralegal Seminar Series Family Law course.
1 minute read
The People of the State of New York v. Kenneth R. Rogers
Publication Date: 2019-08-01
Practice Area: Criminal Appeals
Industry:
Court: Appellate Division, Fourth Department
Judge: Unsigned Whalen, P.J., Centra, Lindley, DeJoseph, and Troutman, JJ.
Attorneys:
For plaintiff:
For defendant:
Case number: 0744

New York v. Kenneth R. Rogers

July 05, 2019 | Delaware Law Weekly

Bayard Director Speaks on Bankruptcy Panel

Wilmington-based Bayard director Justin R. Alberto spoke on a panel at the 35th annual AIRA Bankruptcy and Restructuring Conference, which was held in Boston.
1 minute read
In re: Energy Future Holdings Corp.
Publication Date: 2019-07-03
Practice Area: Bankruptcy
Industry: Energy | Investments and Investment Advisory
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Bibas
Attorneys:
For plaintiff: GianClaudio Finizio and Neil B. Glassman, Bayard P.A., Wilmington, DE; Jeremy C. Hollembeak, Michael S. Kim, Benjamin J. Sauter and Andrew D. Wang, Kobre & Kim, New York, NY for Delaware Trust Co. Ashley R. Altschuler and R. Craig Martin, DLA Piper, Wilmington, DE
For defendant: Thomas J. Curtin, Ellen M. Halstead, Howard R. Hawkins, Jr., Michele Maman and Mark C. Ellenberg, Cadwalader Wicker-sham & Taft, New York, NY and Washington, DC; Scott B. Czerwonka, Wilks Lukoff & Bracegirdle, Wilmington, DE for Mor-gan Stanley Capital Group Inc. George A. Davis, Latham & Watkins, New York, NY; Michael D. DeBaecke, Ashby & Geddes, Wilmington, DE; Peter M. Friedman, Jonathan Rosenberg and Daniel S. Shamah, O'Melveny & Myers, Washington, DC and New York, NY; Thomas R. Hooper and Mark D. Kotwick, Seward & Kissel, New York, NY; Joseph H. Huston, Jr., Stevens & Lee, Wilmington, DE for Wilmington Trust N.A. Mark E. Felger and Simon Fraser, Cozen O'Connor, Wilmington, DE; Hu-mayun Khalid, Thomas J. Moloney and Sean A. O'Neal, Cleary Gottlieb Steen & Hamilton, New York, NY for J. Aron & Co. Bradley R. Aronstam and Nicholas D. Mozal, Ross Aronstam & Moritz, Wilmington, DE , Adam B. Banks, Weil Gotshal & Manges, New York, NY for Titan Investment Holdings LP.
Case number: D68617

Following approval of a bankruptcy plan and corporate restructuring, payments and distributions to creditors were no longer considered collateral or proceeds under the waterfall provision of an intercreditor agreement.

July 01, 2019 | Delaware Law Weekly

5 State AGs Oppose Bankruptcy Stay in Their Opioid Cases Against Insys

A bankruptcy judge in Delaware is set to hear arguments Tuesday over whether to halt 166 government lawsuits against Insys Therapeutics Inc. over the opioid crisis.
4 minute read
Acela Invs. LLC v. DiFalco
Publication Date: 2019-05-29
Practice Area: Corporate Governance
Industry: Pharmaceuticals
Court: Court of Chancery
Judge: Chancellor Bouchard
Attorneys:
For plaintiff: Peter B. Ladig and Brett M. McCartney, Bayard, P.A., Wilmington, DE; David H. Wollmuth and Michael C. Ledley, Wollmuth Maher & Deutsch LLP, New York, NY for plaintiffs
For defendant: Norman M. Monhait and Carmella P. Keener, Rosenthal, Monhait & Goddess, P.A., Wilmington, DE; William T. Reid, IV, Michael Yoder, Jordan L. Vimont, and Ryan M. Goldstein, Reid Collins & Tsai LLP, Austin, TX for defendants.
Case number: D68574

Judicial dissolution of LLC warranted where manager attempted to amass unilateral control in violation of operating agreement's requirement that managers advise and consent on all board decisions and the operating agreement contained no workable mechanism to allow managers to break their deadlock.

May 22, 2019 | Litigation Daily

Breach-of-Contract Claims Blaming Wilmington Trust for $168M Loss Rejected by Third Circuit

The ruling rejected IKB International S.A.'s bid to revive the breach-of-contract suit, which accused Wilmington Trust of standing "idly by" while other participants in the trusts drained them of their value.
3 minute read
May 22, 2019 | Delaware Business Court Insider

Third Circuit Rejects Breach-of-Contract Claims Blaming Wilmington Trust for $168M Loss

The ruling rejected IKB International S.A.'s bid to revive the breach-of-contract suit, which accused Wilmington Trust of standing "idly by" while other participants in the trusts drained them of their value.
3 minute read
Ultravision Tech., LLC v. RMG Networks Holding Corp.
Publication Date: 2019-05-22
Practice Area: Patent Litigation
Industry: Advertising | Electronics
Court: U.S. District Court of Delaware
Judge: District Judge Connolly
Attorneys:
For plaintiff: Stephen B. Brauerman and Sara E. Bussiere, Bayard, P.A., Wilmington, DE; Alfred R. Fabricant, Lawrence C. Drucker, Peter Lambrianakos, Vincent J. Rubino, III, Joseph M. Mercadante and Alessandra C. Messing, Brown Rudnick LLP, New York, NY for plaintiff.
For defendant: Jack B. Blumenfeld, Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Brett Charhon, Martin C. Robson and Anthony M. Garza, Charhon Callahan Robson & Garza, PLLC, Dallas, TX for defendant.
Case number: D68473

The court exercised its discretion to transfer this patent infringement action to a federal district court in another state for the convenience of the parties and witnesses, and because neither of the parties had their headquarters or operations in Delaware.

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