Delaware

  • July 18, 2025

    MSN Urges Fed. Circ. To Allow Launch Of Generic Entresto

    MSN Pharmaceuticals asked the Federal Circuit on Friday to lift a temporary injunction and allow the company to launch a generic version of the blockbuster heart drug Entresto, a move MSN says would benefit the public by reducing costs for Medicare and Medicaid.

  • July 18, 2025

    Chancery Fast-Tracks Game Co. Suit Over $250M Earnout

    A shareholder representative for a popular video game franchise won a Delaware Chancery Court partial fast-track Friday in a suit accusing the company's South Korean buyer of scheming to sabotage the acquired company's most promising game sequel to avoid paying a $250 million deal earnout bonus.

  • July 18, 2025

    3rd Circ. Says Gun Possession Requires Control Of Property

    A Pennsylvania man convicted of drug charges should not have also been found guilty of illegal gun possession, the Third Circuit ruled Friday in a precedential opinion that addressed novel issues, reasoning that prosecutors failed to show how the home where the firearms were found was under his control.

  • July 18, 2025

    Mattel Says Overseas Counterfeiters Ripping Off Uno Game

    Barbie and Hot Wheels maker Mattel Inc. has filed counterfeiting claims in Illinois federal court against foreign retailers that the company says are selling knockoff versions of its popular Uno card game.

  • July 18, 2025

    3rd Circ. Won't Halt Corteva Pension Judgment For Appeal

    The Third Circuit has refused to halt judgment against Corteva Inc. and DuPont while they challenge a verdict in favor of employees who claimed the chemical companies failed to inform them about benefit changes stemming from a merger and spinoff, which netted the plaintiffs' counsel nearly $6.4 million in fees and costs.

  • July 18, 2025

    Judge Unsure Of Alternatives To Nationwide Birthright Ruling

    A Massachusetts federal judge on Friday wrestled with how the government would implement any alternatives to a nationwide block on President Donald Trump's order limiting birthright citizenship and what type of decision would comply with recent high court precedent.

  • July 18, 2025

    Retailer At Home Gets Final OK On $600M Bankruptcy Loan

    A Delaware bankruptcy judge signed off Friday on furniture retailer At Home's request to borrow up to $600 million in Chapter 11 financing, approving the loan after the debtor resolved an objection from unsecured creditors.

  • July 17, 2025

    21 States Fight ACA Rule They Say Guts Health Coverage

    A 21-state coalition led by the attorneys general of California, Massachusetts and New Jersey sued the U.S. Department of Health and Human Services and the Centers for Medicare and Medicaid Services on Thursday, challenging a new Trump administration rule they say unlawfully undermines access to healthcare under the Affordable Care Act.

  • July 17, 2025

    6 Cases For Patent Attys To Watch In The Second Half Of 2025

    The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.

  • July 17, 2025

    Robotics Co. Investors Settle De-SPAC Suit For $7.5M In Del.

    Investors in a special purpose acquisition company that took artificial intelligence company Berkshire Grey Inc. public for $2.25 billion in mid-2021 have reported a $7.5 million proposed settlement intended to end a breach of fiduciary duty suit in Delaware's Court of Chancery.

  • July 17, 2025

    Dems Walk Out On Vote Of Emil Bove For 3rd Circ.

    The Democrats on the Senate Judiciary Committee walked out of the vote on Emil Bove's Third Circuit nomination on Thursday morning after Sen. Cory Booker, D-N.J., accused committee chair Sen. Chuck Grassley, R-Iowa, of subverting committee rules by not acknowledging his request to speak and rushing through the nomination.

  • July 17, 2025

    Meta, Stockholders Settle $8B Privacy Breach Suit

    Attorneys for Meta stockholders reported a midtrial agreement Thursday to settle an $8 billion-plus Delaware Court of Chancery suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.

  • July 16, 2025

    Trump Taps Ex-Thomas, Kavanaugh Clerk For 3rd Circ.

    President Donald Trump announced on social media Wednesday that he has chosen a Catholic University of America law professor, who is currently serving in the White House Counsel's office and has clerked for U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh, to serve on the Third Circuit.

  • July 16, 2025

    Property Evaluation Patent Case Allowed To Move Forward

    A federal judge has refused to toss a suit claiming an artificial intelligence property risk assessment company infringed patents used to evaluate properties, saying the patents cleared the U.S. Supreme Court's Alice test.

  • July 16, 2025

    Meta Wanted To Shield Zuckerberg From FTC Suit, Chancery Told

    A former Facebook director testified Wednesday that company directors resisted federal efforts to include CEO Mark Zuckerberg as a defendant in a privacy breach suit that settled for $5 billion in 2019, starting a Delaware trial on a derivative stockholder suit to recover the payout.

  • July 16, 2025

    Linqto Investor Says Ch. 11 Case Is Forum-Shopped 'Scheme'

    Linqto shareholder Sapien Group told a Texas bankruptcy judge on Wednesday that the investment platform's Chapter 11 filing this month is a "quintessential example" of forum shopping that was designed to evade an investor effort to replace Linqto's board, urging the judge to transfer the case to Delaware.

  • July 16, 2025

    Chinese Investors' EB-5 Fraud Claims Dismissed

    A Delaware federal judge has tossed a proposed class action lodged by Chinese investors claiming they were defrauded in a failed EB-5 hotel investment tied to a San Francisco property, finding that the investors' claims are time-barred and that the court lacks jurisdiction.

  • July 16, 2025

    States Push To Keep Nationwide Block On Birthright Order

    A coalition of states told a Massachusetts federal court Tuesday that nothing less than a nationwide injunction can provide complete relief in the states' case against President Donald Trump's executive order targeting birthright citizenship.

  • July 16, 2025

    FEMA Targeted In 20-State Suit Over Pre-Disaster Grant Cuts

    A coalition of 20 states led by Washington and Massachusetts sued the Federal Emergency Management Agency in Boston federal court Wednesday, accusing the Trump administration of illegally cutting off billions of dollars in grants for proactive disaster mitigation projects across the country.

  • July 16, 2025

    Avon Insurers Say Ch. 11 Was Filed In 'Bad Faith'

    A group of insurance carriers that issued coverage to Avon has asked the Delaware bankruptcy court to dismiss or convert the cosmetics company's Chapter 11 case, arguing the debtor filed its petition in "bad faith" and lacks a valid purpose for the bankruptcy.

  • July 15, 2025

    3rd Circ. Backs FAA's Civil Penalty Actions Post-Jarkesy

    The Third Circuit on Tuesday backed the Federal Aviation Administration's adjudicatory authority to impose civil penalties for air safety rules violations, saying in a precedential ruling that the U.S. Supreme Court's Jarkesy decision doesn't entitle a paint supplier to a jury trial in a case stemming from a leaky paint can on a FedEx plane.

  • July 15, 2025

    Fed. Circ. Temporarily Blocks MSN's Entresto Generic

    The Federal Circuit gave Novartis Pharmaceuticals Corp. a temporary reprieve Tuesday from having to face generic competition for its top-selling drug, Entresto, after losing a bench trial in Delaware.

  • July 15, 2025

    Voxer Sues Google And Amazon Over Streaming Patents

    Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.

  • July 15, 2025

    Grassley Rejects Dems' Push For 2nd Hearing On Emil Bove

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday rebuffed the request from Democrats on his committee for the whistleblower who made claims regarding Third Circuit nominee Emil Bove to testify and said the committee will proceed with the vote on Bove's nomination Thursday.

  • July 15, 2025

    PTAB Knocks Out Claims In 3 Nasal Airway Patents

    The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.

Expert Analysis

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Top 10 Noncompete Developments Of 2024

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    Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • Best Practices To Find Del. Earnout Provisions That Hold Up

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    Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • How The UPC, ITC Complement Each Other In Patent Law

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    Attorneys at Ropes & Gray discuss the similarities and differences between the Unified Patent Court and the International Trade Commission, as well as recent matters litigated in both venues and why parties choose to file at these forums.

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