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March 20, 2024 | New York Law Journal

The Internal Affairs Rule Is Under Attack! Should We Care?

Few principles of law are as universally respected by U.S. courts as the "internal affairs rule." All state jurisdictions at least formally subscribe to this rule, and the Supreme Court has hinted it may be constitutionally required. Nonetheless, the New York Court of Appeals has agreed to hear a case asking the court to replace the traditional rule with an "interest-balancing" test.
11 minute read
January 03, 2024 | Delaware Business Court Insider

19th Annual Review of Key Delaware Corporate and Commercial Decisions

This list highlights some of the notable decisions that should be of widespread interest to those involved in corporate and commercial litigation or those who follow the latest developments in this area of Delaware law.
17 minute read
Appellate Division, Second Department: November 3, 2023
Publication Date: 2023-11-03
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down List
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Handdown & Order on Application released on:November 1, 2023

Anderson v. Magellan Health, Inc.
Publication Date: 2023-07-17
Practice Area: Mergers and Acquisitions
Industry: Health Care | Investments and Investment Advisory | Legal Services
Court: Court of Chancery
Judge: Chancellor McCormick
Attorneys:
For plaintiff: Ryan M. Ernst, Bielli & Klauder, LLC, Wilmington, DE; Michael A. Rogovin, Weiss Law, Atlanta, GA for plaintiff
For defendant: Paul J. Lockwood, Arthur R. Bookout, Skadden, Arps, Slate, Meagher & Flom LLP, Wilmington, DE for defendant.
Case number: 2021-0202-KSJM

Supplemental proxy disclosures that were only marginally helpful to shareholders and were not clearly material to their analysis only supported a minimal award of legal fees and costs to plaintiff stockholder.

Magellan Tech. Inc. v. U.S. Food Drug Admin.
Publication Date: 2023-06-23
Practice Area: Administrative Law
Industry: Federal Government
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge Myrna Perez
Attorneys:
For plaintiff: For Petitioner Magellan Technology, Inc.: Joseph A. Smith, Jessica Tierney, on the brief, Eric N. Heyer, Thompson Hine LLP, Washington, D.C.
For defendant: For Respondent United States Food and Drug Administration: Samuel R. Bagenstos, General Counsel, U.S. Department of Health and Human Services, Wendy S. Vicente, Acting Deputy Chief Counsel for Litigation, U.S. Food and Drug Administration, William D. Thanhauser, Associate Chief Counsel, Office of the Chief Counsel, U.S. Food and Drug Administration, Silver Spring, MD, of counsel, Brian M. Boynton, Principal Deputy Assistant Attorney General, Civil Division, Arun G. Rao, Deputy Assistant Attorney General, Civil Division, Gustav W. Eyler, Director, Consumer Protection Branch, Hilary K. Perkins, Assistant Director, Consumer Protection Branch, on the brief, David H. Hixson, Trial Attorney, Consumer Protection Branch, U.S. Department of Justice, Washington, D.C. For Amici Curiae 38 National and State Electronic Nicotine Delivery System Product Advocacy Associations, in support of Petitioner: J. Gregory Troutman, Troutman Law Office, PLLC, Louisville, KY. For Amici Curiae Dr. David B. Abrams, Clive D. Bates, and Professor David T. Sweanor, in support of Petitioner: Mary G. Bielaska, Zanicorn Legal PLLC, New York, NY. For Amici Curiae Medical and Public Health Groups, in support of Respondent: Shawn Naunton, Zuckerman Spaeder LLP, New York, NY.
Case number: 21-2426

Denial of Application to Sell Flavored Nicotine Did Not Violate APA, Was in FDA Authority

Law Journal Press | Digital Book Health Care Benefits Law Authors: Jeffrey D. Mamorsky View this Book

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May 15, 2023 | The American Lawyer

Deal Watch: Kirkland and Latham Advised on $25B in Deals in Last Week, Amid Overall Slump in M&A Market

Kirkland and Latham ushered in a mega deal in the energy sector while Davis Polk, Sidley and S&C drove a $10.6 billion manufacturing deal.
11 minute read
Garrett Hancock Optum Inc. v. Montgomery County
Publication Date: 2022-11-07
Practice Area: Public Records
Industry: Health Care | State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys:
For plaintiff:
For defendant:
Case number: 2021-17222

The court ordered respondent county to disclose an agreement pertaining to a contract with the county's behavioral health managed care organization. Although respondents argued that they did not have to disclose this information because it was considered trade secrets under the Right-to-Know Law, the court disagreed noting that it did not discuss trade secrets.

Appellate Division, Second Department: April 1, 2022
Publication Date: 2022-04-05
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: April 1, 2022

Appellate Division, Second Department: February 18, 2022
Publication Date: 2022-02-23
Practice Area: Appellate Division Activity | Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Motion List & Order on Application
Judge: Unsigned
Attorneys:
For plaintiff:
For defendant:
Case number: DOCKET

Appellate Division, Second Department: February 18, 2022

September 20, 2021 | Texas Lawyer

Nationwide Trend: In-House Lawyers Are Taking Their Business Expertise to Private Practice

"The great resignation is here, and lawyers are part of the nationwide trend of shaking up their work lives in unprecedented ways," said Kathryn Holt Richardson, founder and principal of HR Legal Search.
5 minute read

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