Delaware

  • July 15, 2025

    3rd Circ. Says Risk Of Harm Justifies Disarming Pot User

    The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.

  • July 14, 2025

    Tender Greens Estate Defends Structured Dismissal Of Ch. 11

    The estate of One Table Restaurant Brands LLC, the former operator of casual restaurant chain Tender Greens and Mexican eatery Tocaya, defended its bid to dismiss its Chapter 11 case after the U.S. Trustee's Office said it would violate bankruptcy rules.

  • July 14, 2025

    States Back Domestic Violence Groups In DOJ Grant Fight

    Nearly two dozen states are backing a group of domestic violence coalitions in their bid to block the Trump administration from imposing restrictions on grants by the Department of Justice's Office on Violence Against Women, saying the funding is critical to their ability to fulfill their public safety obligations.

  • July 14, 2025

    J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits

    Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.

  • July 14, 2025

    Former Del. GOP Leader Sworn In As US Atty

    The former head of the Delaware Republican Party was sworn in Monday as the top federal prosecutor in the First State, according to the agency's website and a social media post from the attorney.

  • July 14, 2025

    Supreme Court Clears Way For Education Dept. Layoffs

    The U.S. Supreme Court on Monday lifted a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, allowing the Trump administration to move forward with firing nearly 1,400 employees.

  • July 14, 2025

    2 Ex-Binance Employees Seek To Escape FTX Clawback Suit

    Two former Binance employees named as defendants in a $1.76 billion clawback suit brought by FTX in Delaware bankruptcy court have asked to be dismissed from the case, saying the court has no personal jurisdiction over them and that the complaint doesn't allege that they were involved in the transactions at issue.

  • July 11, 2025

    Amgen Eyes New Trial After Regeneron's $407M Antitrust Win

    Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.

  • July 11, 2025

    Success Tricking FDA Shouldn't Protect Merck, Justices Told

    Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

  • July 11, 2025

    3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm

    The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.

  • July 11, 2025

    MSN Beats Novartis' Patent Suit Over Entresto

    A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.

  • July 11, 2025

    FTX Trust Says Blockchain Co. Hasn't Delivered $1.3M Coins

    A recovery trust for the bankrupt cryptocurrency exchange FTX filed a Chapter 11 adversary proceeding in Delaware bankruptcy court seeking turnover of $1.3 million worth of $XION digital tokens that the debtor's subsidiaries purchased prior to the bankruptcy filing.

  • July 11, 2025

    Dolphin Co. Says Ex-CEO Blocked Records, Violated Orders

    Dolphin encounter company Leisure Investments Holdings LLC told a Delaware bankruptcy court that its former executives ignored the court's order to submit the debtor's business records, therefore it should impose sanctions until they comply with the order. 

  • July 11, 2025

    Better Therapeutics Settles SPAC Suit In Del. For $1M

    Defunct telehealth provider Better Therapeutics Inc. has reached a roughly $1 million settlement with a shareholder to end a Delaware Chancery Court suit challenging its take-public merger, according to court filings.

  • July 11, 2025

    Dem States Drop Bid To Block Machine Gun Trigger Returns

    Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.

  • July 11, 2025

    Bove Faults 'Heavy-Handed' Jan. 6 Cases

    Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.

  • July 11, 2025

    Hess Faces Investor Suit Over $53B Chevron Deal

    As the parties await the result of a critical arbitration proceeding that could sink a planned $53 billion sale of Hess to Chevron, a shareholder is arguing that the deal disproportionately benefits CEO John Hess at the expense of the company's investors.

  • July 10, 2025

    VC Giant Andreessen Rips Del. Courts, Plans Move To Nev.

    Venture capital giant Andreessen Horowitz on Wednesday announced plans to reincorporate in Nevada, saying that it was no longer a "no-brainer" to launch a company and incorporate in the historically corporate-friendly state of Delaware.

  • July 10, 2025

    Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent

    The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.

  • July 10, 2025

    Mo' Money Mo' Problems: Biggie Smalls' Widow Sued Over IP

    A record executive has sued the Notorious B.I.G.'s widow, Faith Evans, in Delaware Chancery Court, accusing the R&B singer of improperly trying to seize control of her late husband's hip-hop music catalog, which includes chart-topping hits like "Juicy" and "Mo' Money, Mo' Problems," following his mother's recent death.

  • July 10, 2025

    Joann's Ch. 11 Wind-Down Plan Confirmed In Del.

    The Chapter 11 wind-down plan of former arts and crafts retailer Joann Inc. received approval Thursday in Delaware bankruptcy court without opposition from any party in interest.

  • July 10, 2025

    Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages

    Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.

  • July 10, 2025

    Jazz Looks To Block Avadel From Asking For Sleep Drug OK

    Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.

  • July 10, 2025

    Dems Say 3rd Circ. Nominee Urged DOJ To Ignore Courts

    Senate Democrats on the Judiciary Committee on Thursday unveiled 150 pages of documents, which they say substantiate whistleblower allegations against Third Circuit nominee Emil Bove and raise concerns about his conduct during his tenure at the U.S. Department of Justice.

Expert Analysis

  • Del. Corporate Law Rework May Not Stem M&A Challenges

    Author Photo

    While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

    Author Photo

    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

    Author Photo

    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Series

    Running Marathons Makes Me A Better Lawyer

    Author Photo

    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

    Author Photo

    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • 7 D&O Coverage Areas To Assess As DOJ Targets DEI

    Author Photo

    Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

    Author Photo

    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • Rebuttal

    Forced Litigation Funding Disclosure Threatens Patent Rights

    Author Photo

    A recent Law360 guest article argued that courts should adopt stronger disclosure requirements for third-party litigation funding, but rather than enabling fairness or transparency, such measures would only undermine patent holders' access to capital and weaken their ability to assert valid patent rights, says Anup Misra at Curiam Capital.

  • The Ins And Outs Of Consensual Judicial References

    Author Photo

    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • Opinion

    Congress Must Restore IP Protection To Drive US Innovation

    Author Photo

    Congress should pass the RESTORE Patent Rights Act to enforce patent holders' exclusive rights and encourage American innovation, and undo the decades of patent rights erosion caused by the U.S. Supreme Court's 2006 decision in eBay v. MercExchange, says former Chief U.S. Circuit Judge Paul Michel.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

    Author Photo

    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Del. Dispatch: A Look At Indemnification Notice Provisions

    Author Photo

    The Delaware Supreme Court's recent decision in Thompson Street Capital Partners v. Sonova U.S. Hearing Instruments serves as a reminder that noncompliance with contractual requirements for an indemnification claim notice may result in forfeiture of the indemnification right, depending on both the agreement language and the circumstances, say attorneys at Fried Frank.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

    Author Photo

    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • What Gene Findings Mean For Asbestos Mesothelioma Claims

    Author Photo

    Recent advances in genetic research have provided substantial evidence that significant numbers of malignant mesothelioma cases may be caused by inherited mutations rather than asbestos exposure — a finding that could fundamentally change how defendants approach personal injury litigation over mesothelioma, say David Schwartz at Lumanity and Kirk Hartley at LSP Group.

  • Buyer Beware Of Restrictive Covenants In Delaware

    Author Photo

    Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.