Delaware

  • August 05, 2025

    Fat Brands Shareholder Disputes Settle With $10M Payout

    Fat Brands Inc.'s chairman and some of the restaurant franchising company's former directors announced Tuesday they agreed to settle a pair of shareholder derivative lawsuits pending in Delaware's Chancery Court that alleged breaches of fiduciary duties concerning a 2020 merger and a 2021 recapitalization.

  • August 05, 2025

    Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent

    A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.

  • August 05, 2025

    Credit Co. Director Seeks Del. Toss Of Harassment-Tied Suit

    A former director of credit repair company Credit Glory, accused of fiduciary duty breaches in Delaware's Court of Chancery for alleged sexual harassment of employees, argued on Tuesday that a co-director's purported conflicts in bringing the suit justified dismissal.

  • August 05, 2025

    Stewart Won't Reconsider Her 1st Settled Expectations Denial

    The acting U.S. Patent and Trademark Office director on Tuesday stood by her first-ever decision that an older patent shouldn't have to face Patent Trial and Appeal Board scrutiny.

  • August 05, 2025

    States Push DOJ To Crack Down On Illegal Offshore Gambling

    Attorneys general from several states have written a letter asking the U.S. Department of Justice to target the "rampant spread" of illicit offshore online sports betting and gambling operations, which they say are harming United States citizens and depriving states of tax revenue.

  • August 05, 2025

    Chancery Sends Steel Co.'s Fraudulent Transfer Suit To Trial

    A steel product company's claims that a bankrupt former customer, for which it was also serving as a creditor, fraudulently transferred away millions that could have covered its debts must go to trial, a Delaware vice chancellor ruled on Tuesday.

  • August 05, 2025

    Binance Founder Seeks Exit From FTX $1.76B Clawback Suit

    Former Binance CEO Changpeng Zhao asked a Delaware bankruptcy judge to dismiss him from a clawback suit filed by the estate of bankrupt crypto exchange FTX seeking to recover $1.76 billion it says FTX illegally transferred before its collapse two years ago, saying the transaction was outside the court's jurisdiction.

  • August 05, 2025

    States Win Ruling To Shield FEMA Disaster Prevention Funds

    A Massachusetts federal judge on Tuesday temporarily barred the Trump administration from redirecting more than $4 billion in funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs.

  • August 04, 2025

    Inventor Sanctioned In Water Meter Patent Case

    A Delaware federal judge has sanctioned an attorney and president of a company that sued utility meter reading company Mueller Systems for patent infringement, blocking him from reading any material in the case designated for attorneys' eyes only.

  • August 04, 2025

    Chancery Bars 'D-Day' Data Block By Nielsen Holdings Spinoff

    A Delaware vice chancellor on Monday permanently barred Nielsen Holdings Ltd. spinoff NIQ from carrying out a "fairly blatant" plan to cut off its parent and a competitor from accessing its data, a move the spinoff purportedly described as "D-Day."

  • August 04, 2025

    Chancery Spreading Workload, Automating Case Assignments

    Citing in part efforts to balance jurist workloads, Delaware's ever-slammed Court of Chancery reported plans on Monday to field a new, automated case assignment regime in September that will pull more factors into the mix when distributing new cases.

  • August 04, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21. 

  • August 04, 2025

    Moderna Seeks To Be Cleared In $5B COVID Vax Patent Case

    Moderna has urged a Delaware federal judge to clear it in a rival mRNA developer's $5 billion patent suit over the company's COVID-19 vaccines, saying it is shielded because it made them for the federal government.

  • August 04, 2025

    3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit

    The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.

  • August 04, 2025

    NYC Music Venue Operator Hits Ch. 11 After Project Delays

    Avant Gardner, a New York City music venue owner, filed for Chapter 11 in Delaware on Monday, saying renovation and permitting troubles at the Brooklyn Mirage, its largest venue, stopped it from hosting events in the space for the 2025 season.

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

  • August 01, 2025

    PE Investor Can't Move Suit to Del., NC Judge Says

    A North Carolina Business Court judge declined to allow a private equity investor to voluntarily dismiss its derivative lawsuit against the fund's asset manager and majority owner and move the case to Delaware, finding that the shareholder failed to plead facts demonstrating a legitimate derivative claim under Delaware law.

  • August 01, 2025

    Wheeling & Appealing: Midyear Highlights For Every Circuit

    In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.

  • August 01, 2025

    Kalshi Gets Ex-Lawmakers' Backing In 3rd Circ. Betting Row

    A bipartisan group of former federal lawmakers is urging the Third Circuit to continue preventing New Jersey gambling regulators from taking action over KalshiEx's sports contracts, saying Congress intended for the U.S. Commodity Futures Trading Commission to have the final say on event contracts trading on federally regulated markets.

  • August 01, 2025

    Defamation Litigation Roundup: Epstein, Macron, Lindell

    In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.

  • August 01, 2025

    IP Owners Largely Win In Stewart's Newest Discretion Orders

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart dismissed most of the 50 petitions for inter partes review addressed in her latest decisions over discretionary denials at the Patent Trial and Appeal Board.

  • August 01, 2025

    3rd Circ. Asked To Revive Amazon Biometric Data Suit

    A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit

  • August 01, 2025

    Real Estate Recap: Succession Planning, 'Build, Baby, Build'

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into how law firms are winning the succession game, and the Trump administration's efforts to cut red tape for data center projects.

  • August 01, 2025

    Marsh McLennan Sues In Del. Claiming Mass 'Poach'

    Insurance brokerage and risk management giant Marsh & McLennan Cos. sued U.S. affiliates of London-based Howden Holdings Ltd. in Delaware's Court of Chancery on Friday, alleging Howden arranged a mass "lift out" of M&M employees and clients around the country.

  • August 01, 2025

    Jury Clears Media Measurement Co. In Nielsen Patent Suit

    A federal jury in Delaware on Friday cleared media measurement platform HyphaMetrics of claims that it infringed a pair of patents owned by television ratings business Nielsen relating to image processing and identifying media devices.

Expert Analysis

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

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    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

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    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Building Better Earnouts In The Current M&A Climate

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    In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.

  • Managing Risks As State AGs Seek To Fill Enforcement Gap

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    Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • Special Committees Gain Traction In Chapter 11 Investigations

    Excerpt from Practical Guidance
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    Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.

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