Delaware

  • December 06, 2024

    Galderma Can't Undo Lupin's Skin Drug Win At Fed. Circ.

    Federal Circuit judges on Friday upheld a bench trial finding earlier this year that allowed an Indian generic-drug maker to start selling a treatment for a chronic skin condition that competes with a brand developed by Swiss skin care giant Galderma.

  • December 06, 2024

    Boeing Shareholder Attys Intervene In Parallel Chancery Suit

    Attorneys for two Boeing Co. stockholders pursuing derivative claims in Virginia federal court secured approval on Friday to intervene in a later filed case in Delaware's Court of Chancery, citing concerns that a "dilatory" approach by the Delaware camp could jeopardize both suits.

  • December 06, 2024

    FTX Says Three Arrows Can't Add $1.5B To Ch. 11 Claims

    FTX is pushing back against efforts by liquidators for defunct cryptocurrency hedge fund Three Arrows Capital to add more than $1.5 billion to its claims in FTX's Chapter 11 case in Delaware bankruptcy court.

  • December 06, 2024

    $29.75M Deal Proposed To End Del. Latch Inc. SPAC Suit

    Attorneys for investors who bought into Latch Inc.'s Tishman Speyer-led, $1.5 billion take-public deal only to see their shares nosedive have tentatively settled consolidated class damage claims for $29.75 million, according to a Delaware Court of Chancery filing.

  • December 06, 2024

    House Poised To Take Up JUDGES Act As Some Dems Balk

    A bipartisan bill to create more federal judgeships to meet increasing caseloads is on the House's schedule for next week, but its support from some Democrats appears to be waning.

  • December 06, 2024

    Patent Litigation Funders 'Fleeing' Del. Court, Study Says

    Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.

  • December 06, 2024

    Creditor Says Failed Solar Biotech Bidder Shouldn't Get Fee

    A creditor of Solar Biotech asked a Delaware bankruptcy judge to deny a request to pay the failed stalking horse bidder's $456,000 breakup fee, arguing there was no evidence the protections were necessary or that the bidder relied on them.

  • December 05, 2024

    IP Forecast: PTAB To Hear Pfizer Fight Over COVID-19 Patents

    Pfizer heads to an administrative board at the U.S. Patent and Trademark Office next week to argue Moderna should not have been issued patents covering "a basic idea" like using mRNA to fight the COVID-19 virus. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • December 05, 2024

    Icon Aircraft Cleared For Ch. 11 Plan With Investor Claims Deal

    A Delaware bankruptcy judge said Thursday he would confirm the Chapter 11 plan from light-sport aircraft producer Icon after the debtor settled with a group of shareholders that sued the company in derivative litigation.

  • December 05, 2024

    'Texas Two-Step,' Exec Bonus Bankruptcy Bills Reintroduced

    Lawmakers in the U.S. Senate this week renewed efforts to pass two bankruptcy bills that would bolster rights for employees and crack down on the controversial use of so-called Texas two-step bankruptcies.

  • December 05, 2024

    Judge Recommends Axing Some Claims In X Severance Suit

    A Delaware federal judge on Thursday recommended pruning of a 14-count suit filed by six former Twitter employees accusing the company now known as X and Elon Musk of contract breaches and other claims in connection with Musk's takeover of the social media giant in 2022.

  • December 05, 2024

    3rd Circ. Affirms ConocoPhillips Ruling On $8.5B Debt

    The Third Circuit on Thursday affirmed a ruling paving the way for ConocoPhillips' participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 billion debt against Venezuela.

  • December 05, 2024

    3rd Circ. Unsure Pa. Regulator Had Right To Deny Project

    Third Circuit judges appeared wary on Thursday of the Pennsylvania Public Utility Commission's argument that its take on the necessity of a transmission project trumps a federal agency's determination, at one point questioning how any such project could be completed if the court accepted its argument.

  • December 05, 2024

    Quest Ex-Workers Ask 3rd Circ. To Revive 401(k) Suit

    Ex-workers for Quest Diagnostics Inc. urged the Third Circuit to revive their suit alleging mismanagement of their $5 billion 401(k) retirement plan, arguing a lower court shouldn't have handed Quest an early win on claims the company failed to properly monitor investment offerings.

  • December 05, 2024

    Ex-CEO Of Solar Biz ISun Says Ch. 11 Plan Doesn't Add Up

    The former CEO of solar power company iSun is asking a Delaware bankruptcy judge to reject the company's proposed Chapter 11 plan, saying it fails to provide for payment of priority claims, including his own deferred paychecks.

  • December 05, 2024

    FTX Clawback Deal With Ex-Alameda Co-CEO Gets Court Nod

    A Delaware bankruptcy judge has approved a deal to settle clawback claims by FTX against former Alameda Research Ltd. executive John Samuel Trabucco, who agreed to hand over two San Francisco apartments purchased in 2021 for $8.7 million and a 53-foot yacht bought in 2022 for $2.5 million.

  • December 05, 2024

    Disgruntled Dems Move On From Appellate Noms Deal

    While some Democrats have gripes about the deal Senate Majority Leader Chuck Schumer made with Republicans before Thanksgiving on judicial confirmations, they grudgingly concede the deal helps them fill as many seats as possible even if it means leaving choice circuit seats for President-elect Donald Trump to fill.

  • December 05, 2024

    IPlace Bid To Cut Former CEO's Legal Fees Nixed In Chancery

    A former CEO and director of global recruiting company iPlace USA Inc. won a Delaware Court of Chancery order Thursday obliging the company to pay his legal fee advancements for defense against the company's federal suit seeking, in part, recovery of the official's compensation while building a competing venture.

  • December 04, 2024

    Intel, VLSI Agree To Pause Del. IP Fight Ahead Of Texas Trial

    Prodded by a federal judge in Delaware, Intel Corp. and VLSI Technology LLC agreed Wednesday to stay motions to dismiss or transfer an Intel Corp. suit over claims that it already holds licenses to patents that VLSI asserts it controls, as a similar patent battle moves forward in Texas.

  • December 04, 2024

    Fed. Circ. Sinks Patent Fight Over Intel's CPU Chips

    The Federal Circuit on Wednesday rubber-stamped a ruling out of Delaware federal court that cleared Intel of allegations that the chipmaker infringed patents by a University of Maryland professor who purportedly developed an important idea in the world of "parallel computing" in 2006.

  • December 04, 2024

    Novartis Fails To Stop Generic Drug Release At Fed. Circ.

    Novartis could not persuade Federal Circuit judges to grant an injunction Wednesday protecting its blockbuster heart failure medication from facing generic competition, with the appeals court backing a Delaware federal judge's opinion that it was unlikely that one of the generic drug's ingredients is "amorphous."

  • December 04, 2024

    Avon Cleared To Sell To Parent Co. For $125M In Ch. 11

    A Delaware bankruptcy judge on Wednesday said he would approve a settlement between Avon Products Inc. and Brazilian parent company Natura that clears the way for the beleaguered cosmetics giant to sell itself to Natura for $125 million.

  • December 04, 2024

    Del. Justices Skeptical $2.4B SPAC Deal Misled Investors

    Delaware Supreme Court justices pressed a stockholder attorney on Wednesday to explain how the blank-check company that took electric vehicle venture Canoo Holdings Ltd. public in a $2.4 billion deal breached its duties by failing to reveal information it purportedly had yet to receive.

  • 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.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • 4 Tips For Drafting Earnouts To Avoid Disputes

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    Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

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    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

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    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Skip Versus File: The Patent Dilemma That Costs Millions

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    In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

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    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

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    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

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    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

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