Delaware

  • May 28, 2025

    Justices Told Del. Expert Law Doesn't Apply In Federal Court

    A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.

  • May 28, 2025

    5 Federal Circuit Clashes To Watch In June

    The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.

  • May 28, 2025

    20 State AGs Urge 9th Circ. To Resume Refugee Admissions

    Attorneys general from 20 states, as well as former federal immigration officials, have chimed in to support reinstatement of U.S. refugee admissions amid a pending legal challenge to President Donald Trump's indefinite suspension of the program, according to briefs recently filed with the Ninth Circuit.

  • May 28, 2025

    3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

    The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.

  • May 28, 2025

    Checkpoint Pharma Sued For Docs On $355M Merger Plan

    Stockholders of cancer drug developer Checkpoint Pharmaceuticals sued the company in Delaware's Chancery Court for documents on its proposed $355 million acquisition by India-based Sun Pharmaceuticals, alleging conflicts and lack of disclosures regarding the role played by Checkpoint's controlling investor, Fortress Biotech.

  • May 28, 2025

    Nielsen Rival Wants To Ditch Viewing Data Patent Case

    A rival of Nielsen Co. LLC has asked a Delaware federal judge to toss a suit by Nielsen that claims infringement of a patent covering a way to measure audience viewership outside the home through mobile phone data, arguing that the subject matter is patent-ineligible.

  • May 28, 2025

    Trump Nominates Ex-Personal Atty Emil Bove For 3rd Circ.

    President Donald Trump announced on Wednesday he is nominating Emil Bove, his former criminal defense attorney who served as acting deputy attorney general, for the Third Circuit.

  • May 27, 2025

    Fortress' Power On VLSI Board Takes Spotlight At Trial's Start

    Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.

  • May 27, 2025

    Citgo Auction Deadline Extended Amid Venezuela Debt Fight

    A Delaware federal judge agreed Tuesday to extend a crucial deadline in a forthcoming auction of Citgo's parent company to satisfy billions of dollars of Venezuelan debt, following a "monumental" ruling in New York partially shutting down parallel litigation by creditors outside the Citgo sales process.

  • May 27, 2025

    Chancery Footnotes Raise Post-SB 21 Stir In Delaware

    A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.

  • May 27, 2025

    Expert Says DuPont Knew Of PFAS Risk At NJ Site

    A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.

  • May 27, 2025

    Nikola Creditors Ask To Examine Founder Over $100M Award

    The creditors committee in Nikola Corp.'s Chapter 11 case has asked a Delaware bankruptcy court for permission to conduct discovery on the company's founder to investigate whether he is dissipating personal assets that should be used to satisfy a $100 million arbitration award owed to the debtor.

  • May 27, 2025

    Tesla Asks Delaware Justices To Slash $176M Class Atty Fee

    Attorneys for Tesla Inc. have told Delaware's Supreme Court that counsel for stockholders who secured a disputed $735 million in savings from director cash and options rollbacks deserve less than the $176.2 million fee awarded the team.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    Fed. Circ. Lifts Stay Against MSN In Entresto Appeal

    The Federal Circuit won't make a Delaware federal judge hold off on entering a judgment that would stop MSN Pharmaceuticals from having its generic version of Novartis' blockbuster cardiovascular drug Entresto approved, saying Friday that MSN hasn't pled its case convincingly.

  • May 23, 2025

    Nonprofit Orgs. Want In On States' Wash. EV Funding Fight

    A group of environmental, energy and consumer interest organizations are asking a Seattle federal judge to let them enter a lawsuit that 16 states and the District of Columbia brought seeking continued funding for new electric vehicle infrastructure so they can protect their interests in the suspended federal program without having to file a separate suit.

  • May 23, 2025

    Westlaw AI Win Right But Appellate Review Wise, Judge Says

    A Delaware federal judge Friday voiced confidence in his ruling that tech startup Ross Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, but explained that granting interlocutory appeal on two questions will help resolve the case more efficiently.

  • May 23, 2025

    McMahon Tries To Limit Misconduct Docs In WWE Merger Suit

    The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company's merger with Ultimate Fighting Championship, telling the Delaware Chancery Court they are irrelevant to the shareholders' suit.

  • May 23, 2025

    Prudential Urges 3rd Circ. To Back Win In 401(k) Suit

    A New Jersey district court correctly tossed a suit in which a class of workers claimed they were shorted millions of dollars in their retirement plans, Prudential told the Third Circuit, arguing that it made cautious decisions in its fiduciary process.

  • May 23, 2025

    Off The Bench: Tennis Officials, NCAA Stay On The Defensive

    In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.

  • May 22, 2025

    3rd Circ. Wary Standing Exists In Business School Fraud Suit

    The Third Circuit on Thursday appeared skeptical that a former Rutgers University student could bring a proposed class action alleging the university inflated its full-time MBA program's rankings, questioning how he could have been injured if he wasn't enrolled in the program.

  • May 22, 2025

    Judge Asks If DEI Is Now 'Homogeneity, Inequity And Exclusion'

    A Massachusetts federal judge considering a challenge to the Trump administration's cuts to hundreds of National Institutes of Health grants pressed the U.S. Department of Justice on Thursday for its definition of diversity, equity and inclusion, at one point asking hypothetically whether the government's policy is now "homogeneity, inequity and exclusion."

  • May 22, 2025

    Pa. House Rep Asks 3rd Circ. For Immunity In Robocall Suit

    Counsel for a member of the Pennsylvania House of Representatives told the Third Circuit on Thursday that a federal judge was wrong to conclude the lawmaker was not immune from a Telephone Consumer Protection Act lawsuit over recorded phone messages he sent to constituents.

  • May 22, 2025

    Chancellor Wants Del. High Court To Review 'DExit' Corp. Law

    Delaware's chancellor wants the state's high court to weigh in on a constitutional challenge of the controversial corporate law overhaul signed into law in March in an attempt to stave off more corporate charter relocations and protect the state's legal industry and $2 billion in annual corporate franchise fees.

  • May 22, 2025

    Del. Considering Exam Alternatives For Admitting Attys To Bar

    Delaware's judiciary announced Thursday that the state's Supreme Court is establishing a task force that will make recommendations by next year if the First State should pursue alternative pathways other than having to take an exam for attorneys to gain admission into its bar.

Expert Analysis

  • Making The Pitch To Grow Your Company's Legal Team

    Author Photo

    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Musk Pay Fight Shows Investor Approval Isn't Universal Cure

    Author Photo

    The Delaware Court of Chancery's recent denial of a motion revising its prior rescission of Elon Musk's nearly $56 billion compensation package is a reminder of the heightened standard corporate boards must meet in conflicted controller transactions and that stockholder approval doesn't automatically cure fiduciary wrongdoing, say attorneys at A&O Shearman.

  • Trends In Section 101 Motions 6 Years After Berkheimer

    Author Photo

    A half-dozen years after the Federal Circuit's landmark patent eligibility ruling in Berkheimer, empirical data offers practitioners some noteworthy insights on Section 101 motions, both nationally and across four exemplary jurisdictions, says Alexa Reed at Fisch Sigler.

  • Del. Dispatch: The 2024 Corporate Cases You Need To Know

    Author Photo

    The Delaware Court of Chancery in 2024 issued several decisions that some viewed as upending long-standing corporate practices, leading to the amendment of the Delaware General Corporation Law and debates at some Delaware corporations about potentially reincorporating to another state, say attorneys at Fried Frank.

  • Top 10 Whistleblowing And Retaliation Events Of 2024

    Author Photo

    From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.

  • When US Privilege Law Applies To Docs Made Outside The US

    Author Photo

    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

    Author Photo

    Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

    Author Photo

    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

    Author Photo

    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • Series

    Group Running Makes Me A Better Lawyer

    Author Photo

    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

    Author Photo

    The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

    Author Photo

    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

    Author Photo

    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • AV Compliance Is Still A State-By-State Slog — For Now

    Author Photo

    While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

    Author Photo

    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

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.