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Delaware Business Court Insider

Bankruptcy Court Enforces Anti-Assignment Clause and Rejects Assignee's Proof of Claim

The purchase and sale of claims held by creditors against debtors in a bankruptcy proceeding has become a big business.
6 minute read

The Legal Intelligencer

9th Circ. Makes Motions to Dismiss More Difficult in Securities Litigation

On Aug. 13, a panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in a securities fraud class action, Khoja v. Orexigen Therapeutics, which could dampen a defendant's use of judicial notice and incorporation-by-reference to aid in its motion to dismiss, especially in the securities class action setting.
13 minute read

Delaware Business Court Insider

Slights Slams 'Redundancy' of Bid to Toss Challenge to $1B Pipeline Deal

The Delaware Court of Chancery has rejected Enbridge Energy Partners' bid to dismiss a shareholder suit targeting a $1 billion pipeline buyback deal, in a ruling that criticized the defendants for remaking arguments that had already been rejected by the state Supreme Court.
3 minute read

Litigation Daily

Papa John's Hit with Securities Class Action for Failing to Follow Its Own Ethics Policy

The former chairman and CEO of the pizza chain resigned after reportedly using a racial slur during a conference call, but the new class action suit said additional reports about Schnatter's behavior also show the company's public statements about its corporate ethics were false and misleading.
3 minute read

New York Law Journal

Two Paper and Print Companies Win Restructuring Plan Confirmation

This issue of the Bankruptcy Update focuses on recent restructurings in the paper and printing industry. The column delves into the bankruptcy proceedings of Appvion and Cenveo who won confirmation of their respective plans this month.
7 minute read

Delaware Business Court Insider

Validation Under Section 205 of the Delaware General Corporation Law

In two recent opinions, The Cirillo Family Trust v. Moezinia, 2018 WL 3388398 (Del. Ch. July 11, 2018), and Charles Almond v. Glenhill Advisors, 2018 WL 3954733 (Del. Ch. Aug. 17, 2018), the Delaware Court of Chancery exercised its powers under Section 205 of the Delaware General Corporation Law (the DGCL) to validate acts that, due to technical problems in their authorization, may have otherwise been void or voidable.
8 minute read

The Legal Intelligencer

Using Statistical Sampling, Extrapolation to Prove Liability in FCA Cases

There is little dispute that the False Claims Act (FCA) is among the most potent weapons for fighting fraud and government waste. In just this past fiscal year alone, the DOJ utilized the FCA to recover more than $3.7 billion across a diverse array of industries such as health care, housing, and government procurement.
7 minute read

Law.com

What Microsoft, Starbucks, Rackspace Expect From Their Outside Counsel

In-house legal professionals at three large organizations agree that hiring the right outside counsel is as much a matter of culture than it is of expertise and ability.
4 minute read

Delaware Business Court Insider

Stark Orders Seizure of Citgo Shares in Mining Company's Mineral Dispute With Venezuela

A Delaware federal judge has allowed Crystallex International Corp. to begin seizing shares of Citgo Petroleum Corp., as the Canadian gold mining and exploration firm looks to collect a $1.2 billion judgment against the Venezuelan government.
4 minute read

Delaware Business Court Insider

Glasscock Ruling Sets Up Trial in Suit Over Sale of Medical Device Company

The Delaware Court of Chancery has cleared the way for trial in an investor challenge to a deal that handed control of medical device company Halt Medical Inc. to a private equity firm in 2014.
4 minute read

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