Morris James Named a Top Workplace for Mid-sized Employers in Delaware Twelfth Consecutive Year

Morris James was named a top workplace for mid-sized employers in Delaware for the twelfth consecutive year.  This year's top workplace honor makes Morris James the only law firm in Delaware to be consistently top-ranked in the mid-sized employers category for the past twelve years. More ›

Case Spotlight: Terramar Retail Ctrs., LLC v. Marion #2-Seaport Tr. U/A/D June 21, 2002

Case Spotlight: Terramar Retail Ctrs., LLC v. Marion #2-Seaport Tr. U/A/D June 21, 2002, 2018 WL 6331622 (Del. Ch. Dec. 4, 2018) (Laster, V.C.)

Defendant (the “Trust”) is an investment vehicle affiliated with non-party Michael Cohen.  The Trust holds a 25% member interest in Seaport Village Operating Company, LLC, a Delaware limited liability company, which operates a specialty shopping center and tourist attraction in San Diego, California.  Plaintiff holds a 75% interest in the Company.  After forming the Company in Delaware, the parties entered into an operating agreement that named plaintiff as the sole manager of the Company and gave plaintiff the right to request that the other members buy out its member interest at fair market value (the “Put Right”).  Plaintiff also had the right to dissolve the Company and receive a contractually determined payout if the other members did not purchase plaintiff’s interest within six months of exercising the Put Right.  In 2015, plaintiff exercised its Put Right.  After more than six months had passed and its membership interest had not been bought out, plaintiff filed this action seeking declarations that it properly exercised the buy-out provision of the operating agreement and that it has the right to dissolve the Company and sell the Company’s property and assets. More ›

Temporary Stopgaps Extend Federal Court Operations Through January 31st

The Administrative Office of the U.S. Courts estimates that federal court operations will remain funded through Jan. 31, 2019. The extension has been achieved by deferring non-critical operating costs and the usage of court filing fees and other available funds.

Court System Notices

Litigation and filings will continue in Delaware during the federal government shutdown. If you have questions, please contact our Director of Client Relations Dawn Sheiker (302.888.6804; dsheiker@morrisjames.com).

Case Spotlight: Akorn, Inc. v. Fresenius Kabi AG

Case Spotlight: Akorn, Inc. v. Fresenius Kabi AG, C.A. No. 2018-0300-JTL (Del. Ch. May 22, 2018) (Laster, V.C.)

Plaintiff brought this suit to compel specific performance of a merger agreement with defendants.  Defendants refused to close on the deal after receiving anonymous letters containing data integrity allegations involving Akorn’s executive vice president who was in charge of its quality assurance department.  Initially, the parties entered into a common interest agreement and jointly conducted an internal investigation.  Over time, that arrangement fell apart and both parties conducted parallel investigations through their outside counsel with the assistance of consultants.  Plaintiff filed a motion to compel production of materials concerning defendants’ data integrity issues. More ›

U.S.News - Best Lawyers® Recognizes Morris James LLP Among Best Law Firms

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News Image GenericThe 2019 U.S. News – Best Lawyers® annual guide of the “Best Law Firms" recognizes Morris James as a "Best Law Firm" in the national category of Litigation-Mergers & Acquisitions as well as 25 additional categories for their Delaware practices. More ›

Delaware Today Magazine Recognizes Morris James' E-Discovery Team as "Top Lawyers"

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Morris James Team Takes the Lead in the Category of E-Discovery and Technology

Congratulations to E-Discovery attorneys Ian D. McCauley, Laura G. Readinger, and Richard K. Herrmann, who were named Top Lawyers by their peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Additionally, Mr. McCauley was a top vote-getter in the category of eDiscovery and Technology. Overall, Morris James had more top lawyers and top vote-getters than any other law firm in Delaware. A total of 39 attorneys were named in 20 practice areas.

McCauley Headshot readinger herrmann

Delaware Today Magazine Recognizes 39 Morris James Attorneys in their November Top Lawyer Edition

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Morris James Takes the Lead in Delaware Today Top Lawyers Survey

Morris James LLP is pleased to announce that the lawyers listed below were recognized as Top Lawyers by their peers in a survey of Delaware attorneys conducted by Delaware Today magazine. Morris James had more top lawyers and top vote-getters than any other law firm in Delaware. 39 attorneys were named in 20 practice areas. More ›

Case Spotlight: In re CBS Corporation Litigation

Case Spotlight: In re CBS Corp. Litig., 2018 WL 3414163 (Del. Ch. July 13, 2018) (Bouchard, C.)

CBS Corporation (“CBS”) has two classes of stock.  The Class A common stock has voting power; the Class B common stock does not.  Shari Redstone, through her control of National Amusements, Inc. (“NAI”), controls approximately 80% of the voting power of CBS and approximately 10% of the economic stake.

In September 2016, NAI’s counsel sent a letter requesting that CBS consider a potential combination with Viacom Inc. (“Viacom”).  The board of directors of CBS (the “Board”) adopted resolutions authorizing a special committee of independent directors (the “2016 Special Committee”) to consider the transaction and make a recommendation to the Board.  The 2016 Special Committee’s work ended in December 2016.  In January 2018, NAI again approached CBS asking for a combination with Viacom.  The Board adopted resolutions to form a second special committee (the “2018 Special Committee”) with essentially the same mandate and authority. More ›

Case Spotlight: Cumming v. Edens, C.A. No. 13007-VCS (Del. Ch. July 12, 2018) (Slights, V.C.) (TRANSCRIPT)

In this transcript ruling deciding the plaintiff’s motion to compel production of documents, the Court of Chancery provided some noteworthy guidance regarding discovery from third party financial advisors.  In response to the plaintiff’s subpoena, the financial advisor here had initially asserted boilerplate general objections and offered to meet and confer with respect to each request, without expressly agreeing to produce any documents.  Months later, the financial advisor had still only produced its deal file and limited other documents and had failed to agree to any proposal for the collection, review, and production of its responsive email data. More ›

Morris James Named a Top Work Place for Mid-sized Employers in Delaware Eleventh Consecutive Year

Morris James was named a top work place for mid-sized employers in Delaware for the eleventh consecutive year.  This year's top workplace honor makes Morris James the only law firm in Delaware to be consistently top-ranked in the mid-sized employers category for the past eleven years. More ›

Best Lawyers® Recognizes Thirty Morris James Attorneys in Thirty-two Practice Areas

Thirty Morris James attorneys in thirty-two practice areas were selected by their peers for inclusion in The Best Lawyers in America© 2019 edition. Additionally, three of those attorneys were named “Lawyer of the Year” for their respective practices, including David H. Williams for Education Law, Employment Law – Management, and Litigation – Labor and Employment, Richard Galperin for Healthcare Law, Medical Malpractice - Defendants, and Personal Injury Litigation – Defendants, and John M. Bloxom, IV for Real Estate. Congratulations to Kenneth L. Dorsney, Shannon S. Frazier, Kevin G. Healy, Eric J. Monzo, John H. Newcomer, Jr., K. Tyler O’Connell and Jill Spevack Di Sciullo for being recognized for the first time. More ›

Connolly and Noreika Confirmed to Delaware District Court

The United States Senate confirmed Colm F. Connolly and Maryellen Noreika as US District Judges for the District of Delaware. Connolly and Noreika will fill the two vacancies resulting from the retirements of Judges Sue L. Robinson and Gregory M. Sleet.

The confirmations, announced via the Senate's website (found here), restore the District Court to a full bench of judges.  More ›

Case Spotlight: TCV VI, L.P. v. TradingScreen Inc.

Case Spotlight: TCV VI, L.P. v. TradingScreen Inc., 2018 WL 1907212 (Del. Ch. Apr. 23, 2018) (Laster, V.C.)

Philippe Buhannic is a founder of TradingScreen Inc. (the “Company”) and was formerly its CEO and Chairman of the Board. His brother, Patrick Buhannic, was also formerly a director of the Company. In 2014, plaintiffs filed this action alleging that defendants had breached their fiduciary duties when determining how much of plaintiffs’ preferred stock to redeem. Morris, Nichols, Arsht & Tunnell LLP (“Morris Nichols”) represented all defendants through trial, including Philippe and Patrick (together, the "Buhannics"); however, during settlement negotiations, it became clear that the Buhannics were adverse to the other defendants. In response, Morris Nichols withdrew as counsel to the Buhannics and advised the defendants that it could not participate further in the settlement negotiations. More ›

Delaware Super Lawyers® 2018 Recognizes 10 Morris James Attorneys

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Delaware Super Lawyers® magazine has recognized five Morris James partners as top legal counsel in Delaware and five "Rising Stars®" attorneys. "Rising Stars®” is a recognition for lawyers who are 40 or under, or who have been practicing for 10 years or less. 

Super Lawyers® selects outstanding lawyers from more than 70 practice areas throughout the United States who have attained a high degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations, and peer evaluations. Only the top five percent of attorneys in each state are honored as Super Lawyers in this annual list, and the Rising Star selection is limited to only 2.5 percent of eligible attorneys, according to Super Lawyers’ website.

Morris James attorneys recognized on the 2018 Delaware Super Lawyers® list are:

Business Litigation:
P. Clarkson Collins
Jason C. Jowers
Lewis H. Lazarus
Edward M. McNally 

Employment and Labor:
David H. Williams 

Business Litigation Rising Stars:
Meghan A. Adams
Albert J. Carroll
Bryan Townsend
Patricia A. Winston 

Medical Malpractice Rising Stars:
Joshua Meyeroff

Chambers USA: America's Leading Lawyers for Business Recognizes 15 Morris James Lawyers and Issues 5 Firm Practice Rankings in the 2018 Edition

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Thirteen Morris James partners have been named leaders in their respective fields by Chambers USA, and two additional partners were named “recognized practitioners” in Delaware for Corporate/M&A: Alternative Entities.  Morris James also received five practice recognitions.  

Recognitions:

Chancery**
Clarkson Collins Jr.
Lewis H. Lazarus
Edward M. McNally

Bankruptcy/Restructuring**
Brett D. Fallon
Carl N. Kunz III
Stephen M. Miller

Corporate/M&A: Alternative Entities
Ross Antonacci*
Lewis Ledyard*

Real Estate**
John M. Bloxom IV

Real Estate & Zoning/Land Use
Kimberly Hoffman

Labor & Employment**
James H. McMackin III
David H. Williams

Intellectual Property**
Kenneth Dorsney
Richard K. Herrmann
Mary B. Matterer

 * Recognized Practitioner
** Recognized Practice Areas