Delaware

  • August 30, 2024

    Del. Judge Finds Exception To Absolute Litigation Shield

    An "absolute litigation privilege" barring lawsuits targeting defamation related to court action in Delaware doesn't block involuntary LLC share repurchase demands triggered by a terminated subsidiary officer's alleged defamatory statements, a Delaware judge has ruled.

  • August 30, 2024

    Actors Say AI Co. ElevenLabs Cloned Their Voices

    Two professional audiobook narrators have sued speech synthesis software company ElevenLabs Inc. in Delaware federal court, saying the company used generative artificial intelligence to clone their voices without consent or compensation and is now profiting by letting customers use their voice clones "Bella" and "Adam" for free.

  • August 30, 2024

    Another Biz Owner Called To Appear In Judge's Patent Probe

    The Delaware federal district court's chief judge has ordered the owner of another business affiliated with patent litigation funding outfit IP Edge and its affiliate Mavexar to appear in court amid his probe into possible fraud he says may have been perpetrated on the court in certain infringement cases.

  • August 30, 2024

    Fla. Judge Won't Block Sale Of 18M Truth Social Co. Shares

    A Florida judge on Friday denied a request by Donald Trump's Truth Social to block the sale of 18 million shares by two of the company's co-founders, finding that the company would not be irreparably harmed by having to rely on a damages remedy if the sale goes through.

  • August 30, 2024

    FTX Exec Drops Bid To Undo Plea Amid Partner's Indictment

    Former FTX executive Ryan Salame is no longer seeking to vacate his guilty plea that he says Manhattan federal prosecutors induced with a false promise to halt a campaign finance probe into his partner Michelle Bond, though his claims that they broke their word will still be litigated before two different judges.

  • August 29, 2024

    IBM Unit's Repurchase Not Blocked By Del. Litigation Privilege

    An International Business Machines Corp. affiliate can enforce a stake repurchase option against a former executive suing the company, a Delaware judge ruled Thursday, saying statements he made in legal filings can trigger the repurchase provision in his nondisparagement agreement.

  • August 29, 2024

    Fed. Circ. Gives Philips Another Chance In Networking IP Row

    The Federal Circuit on Thursday ordered the Patent Trial and Appeal Board to take another look at arguments from Dutch electronics giant Philips seeking to keep a networking patent alive, deciding that the board was "too conclusory" the first time.

  • August 29, 2024

    Lannett Says Areva Reneged On Cancer-Drug Deal After Ch. 11

    Lannett Pharmaceuticals hit generic-drug maker Areva Pharmaceuticals with a contract suit in Delaware's Court of Chancery on Thursday, accusing Areva of breaching their 2022 agreement that gave Lannett exclusive rights to distribute Areva's injectable anticancer drug after Lannett emerged from a prepackaged Chapter 11 bankruptcy.

  • August 29, 2024

    Chancery Gavels In Ex-Jurist As Band Journey's Custodian

    Retired Delaware Vice Chancellor Joseph R. Slights III has taken a court-ordered, tie-breaking, front-row seat in the recently messy business of managing the iconic rock band Journey, with the lead bandmates sending up a few sour notes just ahead of the choice.

  • August 29, 2024

    Judiciary Group Urged To Table 'Mega' Bankruptcy Panel Ban

    A subcommittee urged the Judicial Conference's bankruptcy rule advisory committee to hold off on considering a ban on so-called mega bankruptcy panels at an upcoming meeting, saying a different committee's work overlaps with a rule proposed to curb the controversial practice.

  • August 29, 2024

    Class Attys Seek Chancery Doc Sanctions In Santander Suit

    An attorney for Santander Consumer USA Holdings Inc. stockholders urged a Delaware vice chancellor Thursday to exercise the court's "common law" document retention enforcer role during arguments for sanctions against the big auto lender's board, controller and parent for deleting messages before a $2.5 billion minority squeeze-out merger.

  • August 29, 2024

    GM Can't Shake Off Shuddering-Transmission Class

    General Motors must face class allegations that it knowingly sold vehicles with defective transmissions that cause the vehicles to shake and shudder while being driven, a Sixth Circuit panel ruled Wednesday, finding no reason to undo class certification for the drivers.

  • August 29, 2024

    SunPower Eyes Sept. Auction As IP Objection Nixed For Now

    A Delaware bankruptcy judge on Thursday overruled an objection to bidding procedures for the assets of residential solar technology company SunPower Corp. from a former subsidiary, finding the dispute over use of the SunPower brand should be heard later.

  • August 29, 2024

    Del.'s Richards Layton Starts Arbitration, Mediation Practice

    Richards Layton & Finger PA has announced the launch of an arbitration and mediation practice to bolster its alternative dispute resolution services to better serve its clients.

  • August 28, 2024

    CyDex Says Bexson Breached Deal By Misusing Pharma IP

    CyDex Pharmaceuticals hit Bexson Biomedical with a contract breach suit in Delaware Chancery Court accusing it of misusing a CyDex-designed molecule to develop unauthorized non-ketamine formulations, and subsequently filing a patent for those formulations, in violation of the parties' agreement.

  • August 28, 2024

    Hunter Biden's Addiction Expert Knocked Out Of Tax Trial

    A California federal judge on Tuesday barred Hunter Biden's expected addiction expert from testifying in his upcoming trial on tax charges, saying the expert's opinions hadn't been clearly linked to the specifics of Biden's own struggle.

  • August 28, 2024

    Game-Maker Zynga Can't Ax IBM Patent Ahead Of Sept. 9 Trial

    The video game developer behind "Farmville" and "Words with Friends" failed Wednesday to convince a Delaware federal judge that claims in an IBM patent cover ideas too routine for patent protection, allowing the tech giant to bring those claims before a jury trial scheduled for early next month.

  • August 28, 2024

    3rd Circ. Rejects Citizenship Bid Despite 21-Year Gov't Delay

    The Third Circuit on Wednesday upheld the denial of citizenship to a Trinidad and Tobago national convicted of drug-related offenses despite the government's 21-year delay in correcting its error in issuing his Certificate of Citizenship to begin with, ruling it doesn't have the power to grant citizenship.

  • August 28, 2024

    Citgo Auction Delayed Again, This Time Till November

    A Delaware federal judge has adjourned until November a closely watched sales process for Citgo's parent company — an auction aimed at satisfying billions of dollars' worth of Venezuelan debt — in order to provide a court-appointed special master more time to vet a yet undisclosed bidder.

  • August 28, 2024

    Insurer Blasts Ralph Lauren's Appeal For COVID-19 Coverage

    Factory Mutual Insurance Co. urged the Third Circuit on Wednesday to reject Ralph Lauren Corp.'s bid to recoup up to $700 million in COVID-19 pandemic losses, blasting the fashion house's "conclusory allegations" that it was entitled to coverage.

  • August 28, 2024

    Del. Justices OK Mid-Case Appeal In Zantac Class Suit

    The Delaware Supreme Court on Tuesday said it would hear a mid-case appeal in mass tort litigation over claims that the heartburn drug ranitidine, widely sold under the name Zantac, caused cancer.

  • August 28, 2024

    High Court Told Tyvaso Row Petition Based On 'False' Premise

    A small pharmaceutical startup behind a drug that would compete with the blockbuster high blood pressure treatment Tyvaso says United Therapeutics is making a "fundamentally false" argument to the U.S. Supreme Court about why an appeals court rejected United Therapeutics' case.

  • August 28, 2024

    Class Attys Seek Review Of Del. Magistrate's Doc Suit Toss

    Stockholder attorneys probing Paramount Global's allegedly conflicted Skydance Media merger in Delaware's Chancery Court have challenged as unsupportable and unprecedented a magistrate's rejection of anonymously sourced news reports in a dismissal of their bid for court-ordered document access.

  • August 28, 2024

    Boy Scout Abuse Trust Art Sales To Start In November

    An auction house announced Wednesday that parts of the Boy Scouts of America's former art collection, including a number of Norman Rockwell pieces, will go on the auction block in November to pay for claims by sexual abuse survivors.

  • August 27, 2024

    No Section 230 Shield For TikTok's Algorithm, 3rd Circ. Says

    The Third Circuit Tuesday revived a lawsuit alleging TikTok's algorithms recommended a "blackout challenge" to a 10-year-old Pennsylvania girl that led to her unintentional hanging death, saying the social media platform curates recommendations through its "For You Page" algorithm, which is not protected by a law shielding traditional publishers.

Expert Analysis

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

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