Delaware

  • December 04, 2024

    3rd Circ. Preview: BetMGM Addiction Case Tops Dec. Lineup

    The Third Circuit is set to determine if BetMGM online casino should face a lawsuit claiming it violated New Jersey consumer protection and gambling laws for allegedly enticing a man with a gambling problem to play its games.

  • December 03, 2024

    Hunter Biden's Gun, Tax Cases Axed After Presidential Pardon

    Federal judges in Delaware and California on Tuesday closed the books on Hunter Biden's felony gun and tax evasion cases, just ahead of his sentencing hearings, after President Joe Biden issued a sweeping pardon of his son over the weekend.

  • December 03, 2024

    Del. Justices Mostly Uphold Mindbody Merger Suit Ruling

    Delaware's Supreme Court has upheld a Court of Chancery ruling that the former CEO of Mindbody Inc. is liable for an extra $1 per share plus interest to stockholders of the fitness software company but reversed the lower court's finding that Vista Equity Partners Management LLC, which acquired Mindbody in 2019, aided and abetted the executive.

  • December 03, 2024

    Chancery Orders Revenue Trust For Healthcare Co. 'Poaching'

    A home health company formed through secret poaching by an allegedly disloyal former CEO, two officers and two private equities has been ordered to earmark much of its future revenue to a trust for the corporate victims, in a Delaware Court of Chancery ruling that described the subterfuge as "stunning."

  • December 03, 2024

    Judge Denies News Orgs. Bid To Unseal FTX Customer Names

    A Delaware federal judge on Tuesday said he wouldn't reverse an order allowing defunct crypto platform FTX Trading Ltd. to keep customer names out of public bankruptcy filings, rejecting an appeal from major news outlets to unseal the information and writing that sealing the information preserved FTX's assets and protected creditors from cybercrime.

  • December 03, 2024

    Intel's License Fight With VLSI In Texas Gets May Trial Date

    A Texas federal judge has set a May trial date for Intel's claim that it already has a license to VLSI's chip patents in their multibillion-dollar dispute.

  • December 03, 2024

    Del. Justices To Review 3M Earplug MDL Coverage Dispute

    The Delaware Supreme Court agreed to review a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of its subsidiary's insurance policies.

  • December 03, 2024

    Attys For Sears Ex-CEO, Appraisal Camp Clash In Chancery

    A lawyer for Sears Hometown and Outlet Stores' former top fiduciary told a Delaware vice chancellor on Tuesday that case law does not support carving out stockholder proceeds from a fiduciary breach settlement in order to pay shareholders whose separate appraisal lawsuit was foiled by SHOS' bankruptcy.

  • December 03, 2024

    Film Financing Firm Gets OK For Ch. 11 Auction In January

    A Delaware bankruptcy judge gave Film Finance Inc., a company that offers financing for high-profile film projects, the go-ahead Tuesday to put itself on the auction block early next year after dropping protections for its baseline bidder that had attracted the ire of the U.S. Trustee's Office.

  • December 02, 2024

    Biden's Pardon Is Another Blow To Special Counsel Probes

    President Joe Biden's pardon of his son over the weekend marks the latest example of a special counsel investigation fizzling and raises doubts over the future use of such probes, which can drag on for years and cost taxpayers millions of dollars.

  • December 02, 2024

    Chancery OKs Pruned $2.3M Fee For Info Tech Co. Suit

    A Delaware vice chancellor on Monday cut $1.7 million from a $4 million fee sought by attorneys whose suit overturned corporate governance concessions that information technology company N-able Inc. granted to its lead investors, citing partial overlaps with an earlier, high-profile case.

  • December 02, 2024

    Chancery OKs $21M Deal To End Gene Co. Class Suit

    A $21 million settlement of stockholder challenges to a blank check company's take-public merger with clinical data and genomics company Sema4 Holdings in July 2021 won Delaware Court of Chancery approval Monday, with nearly $4.1 million carved out for attorney fees.

  • December 02, 2024

    Heritage's $10M Generic Drugs Deal With AGs Gets 1st OK

    A Connecticut federal judge gave his initial approval on Monday to Heritage Pharmaceuticals Inc.'s $10 million settlement agreement with state attorneys general to resolve allegations it took part in an anticompetitive, price-fixing scheme focused on generic drugs.

  • December 02, 2024

    Yellow Fights Teamsters' Call For 10th Circ. To Nix Claims

    The Tenth Circuit should not pay mind to arguments from the Teamsters about upholding a lower court's dismissal of Yellow Corp.'s $137 million suit against the union, the company is arguing, doubling down on its claims that it was not required to exhaust the grievance process under a contract.

  • December 02, 2024

    Fed. Circ. Affirms PTAB's Ax Of Telecom Patent Claims

    Federal Circuit judges decided Monday to keep intact three patent board decisions that had knocked out claims in a patent issued to Dutch mobile telecom developer Koninklijke KPN NV that covered a way of regulating access to a telecommunications network.

  • December 02, 2024

    Chancery OKs $345M Fee Award For $55B Musk Pay Fight

    Delaware's chancellor approved a $345 million attorney fee award Monday in the case that scuttled Tesla CEO Elon Musk's 10-year, $55.6 billion compensation plan, rejecting the plaintiff's bid for $5.6 billion in freely tradable company shares and declining to reinstate Musk's proposed pay.

  • November 27, 2024

    A Look Back At Years Of Zantac Litigation: Timeline

    After the U.S. Food and Drug Administration raised a red flag five years ago that heartburn drug Zantac and its generics contained levels of a chemical that could cause cancer, litigation kicked off in federal and state courts. Here, Law360 presents a timeline of the lawsuits, trials and settlements that ensued.

  • November 27, 2024

    Comcast Foe Warns Fed. Circ. About Patent Testimony Ruling

    A small California tech company is arguing that a Federal Circuit panel created a "rigid new rule" when a panel majority upheld a decision rejecting so-called "because I said so" trial testimony from the company's expert in patent infringement litigation against Comcast's Xfinity app.

  • November 27, 2024

    Special Master In Citgo Sale Suit Goes Back To Drawing Board

    The special master overseeing the sale of Citgo's parent company in a proceeding aimed at satisfying billions of dollars in Venezuelan debt has agreed to abandon his proposed sales plan after it became clear how little support it had garnered from creditors, he told a Delaware judge on Tuesday.

  • November 27, 2024

    Fox Again Slips Defamation Suit, This Time From Jan. 6 Figure

    Fox News on Wednesday escaped a Delaware federal court defamation lawsuit from a man who claimed the network made him the "scapegoat" for the Jan. 6, 2021, riot at the U.S. Capitol.

  • November 27, 2024

    Law Profs Tell Del. Justices Moelis Appeal Would Blunt DGCL

    Fourteen law professors have urged Delaware's Supreme Court to reject what they branded as a corporate bar effort to use an appeal from a Chancery Court ruling — potentially mooted for future claims by a new law — in order to "enact a sweeping transformation of the way that Delaware's corporate law gets made."

  • November 27, 2024

    Nonprofit Warns 3rd Circ. Against 'Abuse' In Merck Vax Case

    The anti-monopoly think tank Open Markets Institute urged the full Third Circuit to rethink a panel's immunization of Merck & Co. Inc. from antitrust claims over its mumps vaccine, arguing in an amicus brief that the doctrine cementing the right to petition the government doesn't justify the use of courts and administration as a "competitive weapon."

  • November 27, 2024

    Up Next At The High Court: Transgender Care, Holocaust Art

    The U.S. Supreme Court will return to the bench Monday for its December arguments session, which will include blockbuster questions about the constitutionality of state laws banning gender-affirming care for transgender minors and whether Hungary can be held liable for property stolen during World War II.

  • November 27, 2024

    WSFS Sues Sign-Maker After Letter Falls From Philly Rooftop

    Wilmington Savings Fund Society FSB is suing the manufacturer and installer of logo signs placed at the top of buildings in Philadelphia, Pennsylvania and Wilmington, Delaware, alleging breach of contract and professional negligence claims after a large portion of the 'W' on its Philly building broke off and fell 40 stories to the ground.

  • November 27, 2024

    Tech Co. Afiniti Gets Ch. 15 Recognition Of Bermuda Reorg

    A Delaware bankruptcy judge said she would recognize the Bermuda insolvency proceedings of software company Afiniti Ltd. as it seeks to restructure more than $500 million in debt.

Expert Analysis

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • How Boards And Officers Should Prep For New Trump Admin

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    In anticipation of President-elect Donald Trump's proposed tariffs and mass deportation campaign, company officers and board members should pursue proactive, comprehensive contingency planning to not only advance the best interests of the companies they serve, but to also properly exercise their fiduciary duty of care, say attorneys at Winston & Strawn.

  • The Challenges Of Abandoned Retirement Plans In Ch. 7

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    The Department of Labor's rule for unwinding retirement accounts when plan sponsors file for Chapter 7 bankruptcy was intended to alleviate trustees' administration issues, but practical challenges, like unresolved fee and identification matters, could hinder its implementation, say David Goodrich at Golden Goodrich and Nancy Simons at Stretto.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

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    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Del. Dispatch: Clarifying Charter Amendment Vote Obligations

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    The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

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