Delaware

  • April 01, 2025

    Trump Admin Layoffs 'Probably Broke Laws,' Judge Says

    A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.

  • April 01, 2025

    Tesla Asks Del. Justices To Undo $176M Atty Fee 'Windfall'

    Tesla urged the Delaware Supreme Court on Tuesday to slash a $176 million attorney fee award granted as part of an excessive director compensation suit settlement, saying it amounts to a "windfall in a case that settled well before trial and after three years of only tepid litigation."

  • April 01, 2025

    NJ Justices Enforce Award Review Limits In Profit Payout Row

    The New Jersey Supreme Court reinstated an arbitrator's finding that an ousted real estate investment partner wasn't entitled to a $25 million profit payout, toppling a lower appellate panel's decision that the arbitrator had improperly decided an issue that wasn't before him. 

  • April 01, 2025

    Surfboard Maker Resolves $1.3M Patent Fight With Rival

    A Puerto Rico surfboard manufacturer said Tuesday that it has ended its patent case against a Chinese company that was told by a jury two years ago to pay more than $1.3 million in royalties for infringing patents covering a newer kind of board that keeps surfers above water.

  • April 01, 2025

    CarePoint's Bankruptcy Plan Needs Changes, Judge Says

    A Delaware bankruptcy judge determined on Tuesday that more work is needed on the Chapter 11 plan from New Jersey hospital operator CarePoint that would have handed control of the health system's medical facilities to one of its creditors, finding the debtor must address another creditor's claim that its collateral has diminished in value.

  • April 01, 2025

    Heritage Coal OK To Use Lender Cash Amid Settlement Effort

    A Delaware bankruptcy judge on Tuesday approved Heritage Coal owner KTRV's bid to continue using cash to support its operations as the company works to strike a settlement with secured lender Bedrock Industries.

  • April 01, 2025

    Fla. Defends Sandoz Price-Fixing Settlement Terms

    Florida defended its deal with Sandoz Inc. on Monday, saying the other states suing the generic-drug maker over price-fixing have no right to object to the settlement, which does not require court approval and does not affect the states objecting to it.

  • April 01, 2025

    Two More Pharmacies Hit With Eli Lilly Weight Loss Drug Suits

    Eli Lilly and Co. filed another round of lawsuits Tuesday accusing compounding pharmacies of selling copycat versions of its weight loss and diabetes medications, saying in New Jersey and Delaware federal courts that two online pharmacies are deceiving consumers about their knockoff products.

  • April 01, 2025

    Chancery OKs $500K Incentive Fee After Santander Class Win

    Citing competing policy interests, a Delaware vice chancellor on Tuesday pruned to $500,000 a $1.63 million incentive fee proposal for two Santander Consumer USA Holdings Inc. stockholders who led a squeezeout-merger challenge that produced a $162.5 million class settlement in October.

  • April 01, 2025

    No Inequitable Conduct From Fresenius Foe, Judge Says

    German medical giant Fresenius has failed to convince a Delaware federal judge that any foul play could be found in the prosecution of a patent involved in a fight over selling IV bags filled with calcium supplements, used to treat hypocalcemia. 

  • April 01, 2025

    Fight Over AI Training Pushes Copying Question To Forefront

    When courts weigh fair use in copyright disputes, how much a defendant takes from a particular work is usually overridden by other factors. But with artificial intelligence requiring immense amounts of training material, a legal tech company is trying to change that as it battles infringement claims by Thomson Reuters over the media company's Westlaw platform.

  • April 01, 2025

    Talc Claimants Tell 3rd Circ. Whittaker Couldn't File Ch. 11

    Talc injury claimants on Tuesday asked the Third Circuit to dismiss Whittaker Clark & Daniels' Chapter 11 case, saying a South Carolina state judge had given control of the talc supplier to a receiver six weeks before the company filed for bankruptcy.

  • April 01, 2025

    Paramount Investor Gets Partial Win In $8B Merger Doc Suit

    A top Paramount Global stockholder who sued for books and records on the company's proposed $8 billion acquisition by Skydance Media won Delaware Court of Chancery admission of dozens of documents Tuesday, with a rare, closed ruling to follow on confidentiality claims for other still-held-back records.

  • April 01, 2025

    Uber Case Shouldn't Head To Pa. Justices, 3rd Circ. Told

    The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.

  • April 01, 2025

    23 States Sue HHS To Stop $11B In Health Grant Funding Cuts

    Twenty-three states and the District of Columbia on Tuesday accused the Trump administration of illegally terminating about $11 billion in public health funding, causing layoffs and "chaos" in public health agencies across the country.

  • March 31, 2025

    Vizio Stockholders Open Challenge To $2.3B Walmart Merger

    A Vizio Inc. stockholder launched a class challenge Monday to the smart-TV company's $11.50 per share, $2.3 billion, sale to Walmart Inc., accusing insiders — including Vizio CEO and controller William Wang — of wiring up a deal unfair to common stockholders.

  • March 31, 2025

    Caterpillar Escapes $100M Contract Breach Verdict

    A Delaware federal court on Monday vacated $100 million in damages awarded to a defunct equipment importer that accused Caterpillar of interfering with a contract, and also refused to order a new trial for antitrust claims against the manufacturer.

  • March 31, 2025

    Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says

    A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.

  • March 31, 2025

    Del. Court Says Mattel Sleeper Claims Are One Occurrence

    Injury claims against toy-makers Mattel and subsidiary Fisher Price over their Rock n' Play Sleeper products constitute a single occurrence under Mattel's various commercial general liability policies, a Delaware state court ruled, though further finding that individual alleged injuries must still fall under different policy years.

  • March 31, 2025

    Aspiration Partners Hits Ch. 11 After Founder's Fraud Arrest

    Sustainability-focused financial services company Aspiration Partners Inc. filed for Chapter 11 protection in Delaware, less than a month after founder Joseph Sanberg was arrested and hit with federal fraud charges.

  • March 31, 2025

    Dolphin Visit Co. Files For Ch. 11 With Debt Over $100M

    Ejecutivos de Turismo Sustentable SA de CV, a business related to park and dolphin habitat operator The Dolphin Company, filed for bankruptcy Monday in Delaware with 14 affiliates and cited over $100 million in debt.

  • March 31, 2025

    Heritage Coal Files For Ch. 11, Alleging Ex-Owner Sabotage

    Heritage Coal and its owner KTRV have both filed for Chapter 11 protection in Delaware, saying Heritage's owner prior to KTRV has asserted ownership over the debtors' assets and taken steps to sabotage and vandalize the debtors' mining equipment.

  • March 28, 2025

    Real Estate Recap: Train Domain, FinCEN, Atlanta Data Centers

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an insider's view of the Union Station takeover in Washington, D.C., the latest game-changing development at the Financial Crimes Enforcement Network, and a BigLaw dealmaker's take on Atlanta's data center boom.

  • March 28, 2025

    Bitcoin Ponzi Scheme Suit Shouldn't Be Tossed, Judge Says

    A Delaware federal judge on Friday recommended denying motions to dismiss from former executives of bitcoin mining company VBit Technologies Corp. looking to ditch an investor proposed class action, rejecting the executives' qualms with how they were served and the plausibility of the claims.

  • March 28, 2025

    Bitcoin Mining Insurance Co. Sued In Del. For $32M Breach

    A financial products and services venture sued individuals and companies behind a purported bitcoin mining "total protection" insurance plan in Delaware's Court of Chancery Friday, alleging failures to honor commitments to pay out up to $32.7 million in customer returns on nearly $7 million in investments.

Expert Analysis

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • What Del. Corporate Law Rework Means For Founder-Led Cos.

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    Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims

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    The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

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    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • 3 Del. Bankruptcy Cases Highlight US Trustee Objections

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    As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

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