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Delaware
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February 21, 2025
B. Riley Founders, Board Sued In Del. Over Investment Losses
A B. Riley Financial Inc. stockholder has launched a derivative suit seeking hundreds of millions of dollars in damages for the company in Delaware's Court of Chancery, alleging director conflicts tied to investments in now-bankrupt holding company Franchise Group Inc., led by a longtime friend of a B. Riley co-founder.
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February 21, 2025
Weight Loss Drug Patient Drops Appeal In Cancer Risk Suit
Days after arguing her case before a skeptical Third Circuit panel, a woman who alleges she suffered financial harm by buying a weight loss drug that purportedly causes cancer — which she said she has not been diagnosed with — has voluntarily dismissed the case.
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February 21, 2025
Paul Hastings Seeks To End GenapSys Malpractice Action
Paul Hastings LLP has moved for summary judgment in a malpractice action from GenapSys Inc., saying the case is barred because the genomic sequencing company failed to disclose its possible claim until after confirmation of its bankruptcy plan.
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February 21, 2025
NJ High Court Takes Up Pharma Co. Fraud Coverage Row
The New Jersey Supreme Court will review an appeals court's ruling against indemnification in a case of first impression on the applicability of an exclusion barring directors and officers coverage for wrongful acts "in any way involving" an insured's work for an uninsured entity, the high court announced.
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February 21, 2025
NIH Research Cuts Stay On Hold As Judge Mulls Objections
A Boston federal judge on Friday extended her hold on a Trump administration proposal to slash reimbursements from the National Institutes of Health for research grant costs, a move colleges, hospitals and other institutions have said would wreak havoc on scientific research.
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February 21, 2025
Justices Knock Ala. For Immunizing State Officials
The U.S. Supreme Court on Friday ruled a group of Alabama unemployment applicants can pursue allegations that delays in the state's benefits review process violated their federal civil rights, holding a state law that requires litigants to exhaust administrative remedies before filing suit doesn't bar their procedural claims.
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February 20, 2025
Generic-Drug Group Rallies Behind Appeal In Entresto Fight
A generic-drug industry group is weighing in on the Federal Circuit's move last month to revive a patent tied to Entresto, Novartis Pharmaceuticals Corp's blockbuster heart drug, warning that "the pharmaceutical industry is watching this case closely."
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February 20, 2025
3rd Circ. Rejects Appeal In Dog Magnet Design Spat
The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.
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February 20, 2025
Trump Admin Says CFPB Defunding Suit Guesses At Harms
The Trump administration on Thursday pushed back on a lawsuit alleging it seeks to "defund" the Consumer Financial Protection Bureau, arguing that concerns about access to a consumer complaint database and other information are "baseless speculation" about the agency's future financial decisions that don't justify an injunction.
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February 20, 2025
Boston, Other Cities And MassBio Back Challenge To NIH Cuts
The city of Boston and 44 other cities, counties and elected officials around the country and, separately, the life sciences industry group Massachusetts Biotechnology Council asked a Massachusetts federal judge on Thursday to extend a temporary restraining order blocking steep cuts to National Institutes of Health reimbursement for research projects.
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February 20, 2025
Del. Chief Justice Targets Social Media's Pressure On Courts
Acknowledging that "some of those who lose don't take it well" and have tools to "cause judges great pain," Delaware's chief justice told a state budget panel Thursday that social media had amplified dissatisfaction with some court rulings despite global respect for the state's system.
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February 20, 2025
Feds Say DC Judge Can't Bar 'Hypothetical' Spending Freezes
A Justice Department attorney argued before a D.C. federal judge Thursday that there is no basis to continue blocking the Trump administration from implementing a blanket suspension on federal spending, saying the court cannot bar "hypothetical" future freezes.
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February 20, 2025
Del. Judge Nixes Two Insurers In Cheer Abuse Coverage Row
A Delaware state court dismissed two insurers in a coverage dispute over underlying sexual abuse claims against a clothing retailer that also sponsors and organizes national cheerleading competitions, finding while the state's "long-arm statute" supports exercising jurisdiction over the insurers, doing so would violate their due process rights.
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February 20, 2025
3rd Circ. Denies Concussion Benefits For 18 Ex-NFL Players
The Third Circuit denied the families of 18 late NFL players access to funds under the league's historic concussion settlement Thursday, saying benefits can only be given to players diagnosed with chronic traumatic encephalopathy after death.
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February 20, 2025
Battery Co. Denied 3rd Circ. Redo In $22M Wage Suit
The Third Circuit won't reconsider a decision backing a $22 million verdict for Pennsylvania battery manufacturer workers in a suit over time spent changing in and out of protective gear before and after shifts, according to a Thursday order.
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February 20, 2025
Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards
Amid a push by Delaware lawmakers to overhaul the First State's corporation law provisions, the state Senate is seeking recommendations aimed at avoiding "excessive" attorney fee awards in corporate litigation, drawing a mixed reaction from lawyers and a corporate law scholar.
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February 20, 2025
EV Maker Nikola Aims For Quick Ch. 11 Sale
Counsel for Nikola Corp., which makes electric and hydrogen-powered trucks, told the Delaware bankruptcy court on Thursday the company hopes to hold a bankruptcy auction by the end of March and find a buyer before its cash runs out in mid-April.
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February 20, 2025
Bally's And Casino Game Dealers Settle Wage, Tip Suit
Table game dealers at Bally's Corp. and its Delaware casino have reached a settlement with the company to end their suit alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay, according to a Delaware federal court filing.
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February 19, 2025
Trump Wants Birthright Citizenship EO Enacted Amid Appeal
The Trump administration on Wednesday urged a Massachusetts federal judge to set aside his preliminary injunction blocking the president's executive order limiting birthright citizenship, arguing that the federal government should be permitted to implement it while the First Circuit considers its appeal.
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February 19, 2025
Netflix Wants IP Atty Sanctioned Over Alleged Doc Sharing
Netflix urged a California judge Tuesday to require a prolific patent plaintiff's former counsel to explain why they shouldn't be held in civil contempt and sanctioned for allegedly giving Netflix's confidential financial information to nonparty AiPi LLC, arguing discovery in another patent case has revealed AiPi is "shadow lead counsel."
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February 19, 2025
Walgreens Says $1B COVID Testing Award Must Be Nixed
Walgreens is urging a Delaware federal judge to rethink his decision enforcing a $987 million arbitral award to a lab testing and diagnostics company in a dispute over COVID-19 tests, arguing Tuesday that he ignored that the arbitrator "invented" language in the contract to arrive at his conclusion.
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February 19, 2025
Chancery Releases Cannabis Firm Founders From $13M Fee
The Delaware Court of Chancery ruled that a cannabis investment firm's $39.9 million settlement in a shareholder derivative lawsuit frees it from having to pay a nearly $13 million licensing agreement for the use of Bob Marley's name.
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February 19, 2025
Gilead, Janssen Settle HIV Treatment Suits With Lupin, Apotex
Gilead Sciences Inc. and Johnson & Johnson's Janssen unit settled their patent suits against Lupin and Apotex over generic versions of HIV treatments, according to filings in Delaware federal court on Wednesday.
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February 19, 2025
Casino SPAC Shareholders Sue Execs Over Failed Merger
A public shareholder of a blank check company that failed to merge with a Philippines-based casino has accused the special purpose acquisition company's directors of orchestrating a deal process with "recklessness, deceit, and bad faith," is and seeking damages beyond the $11 million settlement the company struck in another related suit.
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February 19, 2025
Del.'s High-Speed Corporate Law Rework May Blunt Plaintiffs
A fast-moving amendment of Delaware's mainstay corporation law, aimed in part at curbing big fees, limiting some breach of fiduciary claims and stemming a perceived corporate exodus, has left plaintiffs attorneys playing catch-up as the recently revealed measure heads toward a first hearing next month.
Expert Analysis
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
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.
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Musk Pay Fight Shows Investor Approval Isn't Universal Cure
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.
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Trends In Section 101 Motions 6 Years After Berkheimer
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.
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Del. Dispatch: The 2024 Corporate Cases You Need To Know
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.
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Top 10 Whistleblowing And Retaliation Events Of 2024
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.
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When US Privilege Law Applies To Docs Made Outside The US
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.
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'Minimal Participant' Bar Is Tough To Clear For Whistleblowers
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.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
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.
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The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024
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.
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Series
Group Running Makes Me A Better Lawyer
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.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
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.
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Opinion
6 Changes I Would Make If I Ran A Law School
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.