Bankruptcy attorneys aren’t sure what to expect in the upcoming months as they wait to see the effects a number of pandemic-related factors will have on businesses.
With some COVID-19-related restrictions being lifted recently and making it easier for many companies to get at least partially back to business as usual, there has been a slowdown in filings nationwide throughout the first half of 2021, with an increase just beginning.
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In a first impression decision overturning criminal convictions of four former Wilmington Trust executives this week, a panel of judges on the U.S. Court of Appeals for the Third Circuit ruled that prosecutors’ path to proving a statement false is a steep one.
The panel found the federal government’s regulations for reporting past-due loans were too ambiguous for a single interpretation to prove the way the executives falsely reported the loans a decade ago. The court’s conclusions could sweep into other areas of the law and a number of other regulated industries.
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Lin Wood, the flamboyant Atlanta attorney involved in two cases questioning the legitimacy of the presidential election, says his conduct in other states shouldn’t bar him from representing a plaintiff in a Delaware Superior Court defamation case.
Superior Court Judge Craig Karsnitz wrote in a memorandum opinion revoking pro hac vice privileges Monday that although Wood’s actions in Georgia and Wisconsin cases didn’t take place in his courtroom, he could chuck Wood from the Delaware case based on his conduct in those cases.
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A Connolly Gallagher attorney won election to the Delaware Senate on Tuesday, flipping the fifth district seat blue for the first time in at least four decades.
Kyle Evans Gay said Wednesday she attributed her win over 20-year Republican incumbent Catherine Cloutier to Brandywine Hundred voters’ prioritization of action on education, health care and COVID-19 relief and recovery.
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On Monday, attorneys representing Delaware Gov. John Carney are set to argue to the U.S. Supreme Court that the state’s longstanding requirement of politically balanced courts is constitutional.
Carney, who is represented by attorneys from Wilson Sonsini Goodrich & Rosati, has asked the Supreme Court to reverse decisions made by the district court and the U.S. Court of Appeals for the Third Circuit, both of which sided with retired attorney James Adams and determined the Delaware provisions in question violated the First Amendment.
“The fact that the court took the case suggests that the justices have at least serious questions about what happened below,” said Steffen Johnson, chair of Wilson Sonsini’s Supreme Court and appellate practice and one of the attorneys who will be present for Monday’s phone argument. “We believe the theory that the plaintiff is pressing stretches the Supreme Court decisions that he’s relying on beyond the breaking point.”
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