• In re Nat'l Collegiate Student Loan Trusts Litig.

    Publication Date: 2020-09-16
    Practice Area: Corporate Governance
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Garrett B. Moritz, Benjamin Z. Grossberg, and S. Reiko Rogozen, Ross Aronstam & Moritz LLP, Wilmington, DE; Kimberly A. Evans and Rebecca A. Musarra, Grant & Eisenhofer P.A., Wilmington, DE; Lance Gotthoffer, Chaitman, LLP, New York, NY; Catherine A. Gaul, Ashby & Geddes, P.A., Wilmington, DE; Michael Hanin and Uri Itkin, Kasowitz Benson Torres LLP, New York, NY; John W. Shaw and Jeffrey T. Castellano, Shaw Keller LLP, Wilmington, DE; Matthew A. Martel, Joseph B. Sconyers, Keith M. Kollmeyer, and Anthony M. Masero, Jones Day, Boston, MA for plaintiffs.
    for defendant: Kurt M. Heyman and Melissa N. Donimirski, Enerio Gattuso & Hirzel LLP, Wilmington, DE; Erik Haas, Joshua Kipnees, George A. LoBiondo, Jared Buszin, Peter Shakro, Devon Hercher, and Jonah Wacholder, Patterson Belknap Webb & Tyler LLP, New York, NY; Jason C. Jowers, Stephen B. Brauerman, Brett M. McCartney, and Elizabeth A. Powers, Bayard, P.A., Wilmington, DE; Rebecca L. Butcher and Jennifer L. Cree, Landis Rath & Cobb LLP, Wilmington, DE; John P. Doherty and William Hao, Alston & Bird LLP, New York, NY; Stacey A. Scrivani, Stevens & Lee, P.C., Wilmington, DE for defendants.

    Case Number: D69120

    Because a precautionary security interest could be created simultaneously with the assignment of pledged collateral, indentured parties who received the assignment granted them the beneficial interests of the property, such that the owners of the trusts that acquired the property owed the indentured parties fiduciary duties through the owners' control over the trusts.

  • Teamsters Local 443 Health Serv. & Ins. Plan v. Chou

    Publication Date: 2020-09-09
    Practice Area: Corporate Governance
    Industry: Investments and Investment Advisory | Pharmaceuticals
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Ned Weinberger, Mark D. Richardson and David MacIsaac, Labaton Sucharow LLP, Wilmington, DE and New York, NY; Christine M. Mackintosh and Rebecca Musarra, Grant & Eisenhofer P.A., Wilmington, DE; David Wales and Christopher J. Orrico, Bernstein Litowitz Berger & Grossmann LLP, New York, NY; Frank Schirripa, Hach Rose Schirripa & Cheverie LLP, New York, NY; Nathaniel L. Orenstein and Nicole Lavallee, Berman Tabacco, Boston, MA and San Francisco, CA for plaintiffs.
    for defendant: Stephen C. Norman, Jennifer C. Wasson and Tyler J. Leavengood, Potter Anderson & Corroon LLP, Wilmington, DE; Michael D. Blanchard, Andrew M. Buttaro and Amelia Pennington, Morgan, Lewis & Bockius LLP, Boston, MA for defendants and nominal defendant.

    Case Number: D69115

    Demand was futile in this derivative action, and plaintiffs had alleged sufficient facts to support their claims for oversight liability.

  • The Recorder | News

    Bayer Seeks to Resolve Essure Claims in $1.6B Proposed Settlement

    August 20, 2020

    Motley Rice's Fidelma Fitzpatrick, who is lead counsel of the plaintiffs' executive committee for the California Joint Council Coordinated Proceedings and helped to negotiate the deal, said the proposed settlement would provide expedited relief to thousands of women.

  • Law.com | News

    Despite Diversity Efforts, Fewer Than 10% of MDL Leadership Posts Are Going to Attorneys Who Are Not White

    August 17, 2020

    Data gathered by Law.com shows very little progress in ethnic diversity of MDL leadership teams: only 5% of appointments, on average, went to lawyers who identified as "nonwhite" in MDLs created from 2016 through 2019.

  • Fir Tree Value Master Fund, LP v. Jarden Corp.

    Publication Date: 2020-08-05
    Practice Area: Mergers and Acquisitions
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Seitz
    Attorneys: For plaintiff: Michael J. Barry, Kimberly A. Evans, Kelly L. Tucker, and Vivek Upadhya, Grant & Eisenhofer P.A., Wilmington, DE for appellants.
    for defendant: Srinivas M. Raju, Brock E. Czeschin, Robert L. Burns, Sarah A. Clark, and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Michael J. McConnell, Ashley F. Heintz,, and Robert A. Watts, Jones Day, Atlanta, GA for appellee.

    Case Number: D69055

    Court could use unaffected stock price as fair value where court found other valuation methods unreliable, found issues with sale process, and found capture of synergies in merger.

  • In re: Nat'l Collegiate Student Loan Trusts Litig.

    Publication Date: 2020-07-29
    Practice Area: Business Torts
    Industry: Financial Services and Banking
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Kimberly A. Evans and Charles T. Caliendo, Grant & Eisenhofer P.A., Wilmington, DE and New York, NY for plaintiffs.
    for defendant: Jamie L. Edmonson, Daniel A. O’Brien, Allyson B. Baker, Meredith L. Boylan, Sameer P. Sheikh and Tiffany C. Williams, Venable LLP, Wilmington, DE and Washington, DC for defendant.

    Case Number: D69066

    The court granted a motion to dismiss plaintiffs' claim for injurious falsehood, because the allegations of the complaint did not meet the elements of this tort.

  • Fir Tree Value Master Fund, LP v. Jarden Corp.

    Publication Date: 2020-07-22
    Practice Area: Mergers and Acquisitions
    Industry: Consumer Products | Investments and Investment Advisory
    Court: Delaware Superior Court
    Judge: Judge Seitz
    Attorneys: For plaintiff: Michael J. Barry, Kimberly A. Evans, Kelly L. Tucker, and Vivek Upadhya, Grant &Eisenhofer P.A., Wilmington, DE for appellants.
    for defendant: Srinivas M. Raju, Brock E. Czeschin, Robert L. Burns, Sarah A. Clark, and Matthew W. Murphy, Richards, Layton & Finger, P.A., Wilmington, DE; Michael J. McConnell, Ashley F. Heintz,, and Robert A. Watts, Jones Day, Atlanta, GA for appellee.

    Case Number: D69055

    Court could use unaffected stock price as fair value where court found other valuation methods unreliable, found issues with sale process, and found capture of synergies in merger.

  • Overstock.com, Inc. v. State of Delaware ex rel. French

    Publication Date: 2020-07-08
    Practice Area: Whistleblower Laws
    Industry: E-Commerce | State and Local Government
    Court: Delaware Supreme Court
    Judge: Justice Vaughn
    Attorneys: For plaintiff: Michael P. Kelly, Matthew J. Rifino, Hayley J. Reese and Matthew Wright, McCarter & English, LLP, Wilmington, DE and Washington, DC for Overstock.com, Inc.
    for defendant: Thomas E. Brown, Edward K. Black and Stephen G. McDonald, Deputy Attorney Generals, Wilmington, DE for the state. Laina M. Herbert and Vivek Upadhya, Grant & Eisenhofer, Wilmington, DE for plaintiff French.

    Case Number: D69045

    The failure to file a statement regarding expired gift cards with the state escheat office did not amount to a false statement under the Delaware False Claims and Reporting Act. Reversed.

  • Law.com

    Critical Mass: Could a $10B Roundup Settlement Be Near? COVID-19 Could Crater Jury Trials. Who Did TikTok Tap for its Biometrics Class Actions?

    May 27, 2020

    Bayer AG has reportedly reached an "oral agreement" to settle up to 85,000 lawsuits filed over Monsanto's Roundup.

  • Law.com | News

    Zofran MDL Bellwether Trial Canceled Due to Coronavirus

    March 19, 2020

    The trial, originally scheduled for May 4, comes in a case brought by the parents of Maia Rodriguez, alleging their daughter was born in 2004 with heart defects due to her mother's use of Zofran during pregnancy. The trial would have been the first in more than 450 lawsuits filed against GlaxoSmithKline.