Delaware

  • March 06, 2025

    Trump Administration Ordered To Release Funds To States

    A Rhode Island judge on Thursday ordered the Trump administration to stop withholding funds from states, saying an executive order freezing federal grants, loans and other payments approved by Congress "fundamentally undermines" the separation of powers and is causing irreparable harm.

  • March 05, 2025

    Chancery Mulls Amicus Bid, TRO In Paramount Merger Battle

    Backers of a $13.5 billion offer for Paramount Global asked Wednesday for clearance to chime in on a Delaware Chancery Court stockholder challenge to the company's proposed $8 billion, allegedly conflicted sale to Skydance Media, arguing that a board special committee never gave the higher bid proper consideration.

  • March 05, 2025

    DC Judge Skeptical Of Trump's Power To Oust NLRB Member

    A Washington, D.C., federal judge hearing a former National Labor Relations Board member's challenge to her January removal appeared Wednesday to buy the fired official's side of a closely watched debate over the vitality of foundational U.S. Supreme Court law on the president's power over independent agencies.

  • March 05, 2025

    Revived Bill To Add Judges Teed Up For Another House Vote

    The House Judiciary Committee voted out of committee three bills on Wednesday along party lines, including legislation to add more federal judgeships that the federal judiciary says are needed desperately but has become subject to partisan fighting.

  • March 05, 2025

    US Development Agency Opposes Credito Real Ch. 15

    The U.S. International Development Finance Corp. has challenged Mexico-based payday lender Credito Real's petition for Chapter 15 recognition in Delaware, alleging its bankruptcy plan, which a Mexican court has approved, contains releases impermissible under U.S. bankruptcy law.

  • March 05, 2025

    Del. Corporate Law Bill Poses 'Grave Risk,' Plaintiffs' Firms Say

    Five of Delaware's most active corporate litigation plaintiffs' firms have branded pending legislation aimed at curbing stockholder suits as a "dangerous and radical" measure that attacks the state's courts and will put Delaware's nationally known incorporation franchise "at grave risk."

  • March 05, 2025

    Trump's NIH Cost-Cutting Measure Blocked By Judge

    A Massachusetts federal judge ruled Wednesday that the Trump administration cannot cap indirect costs for research grants at the National Institutes of Health, rejecting the move as a rushed cost-saving measure that violates federal law governing the expenses.

  • March 04, 2025

    EV Co. Lucid's Brass Face Investor's Production Capacity Suit

    Executives and directors of electric vehicle manufacturer Lucid Group Inc. have been hit with a proposed shareholder derivative suit in Delaware federal court alleging they concealed the extent of production issues plaguing the company in order to inflate share prices.

  • March 04, 2025

    Apple Seeks Ban Against Masimo's Original Smartwatch

    Apple has urged a Delaware federal judge to issue an injunction against a healthcare technology company found last year to have infringed two of the tech giant's design patents with its W1 smartwatch and charger, calling the defense's refusal to agree to the injunction "telling."

  • March 04, 2025

    Moderna Faces MRNA Vax Patent Suits In Canada And Beyond

    Pennsylvania drug developer Arbutus Biopharma and Genevant Sciences have taken their COVID-19 vaccine litigation against Moderna worldwide, suing the pharmaceutical company in courts in Canada, Japan and Switzerland, along with the Unified Patent Court, alleging infringement.

  • March 04, 2025

    3rd Circ. Says Pa. GOP Can't Challenge Biden's Voting Order

    The Third Circuit on Tuesday ruled that Republican lawmakers from Pennsylvania lack the standing to challenge former President Joe Biden's executive order expanding "get-out-the-vote" information, reasoning that the individual politicians could not bring a suit claiming an injury on behalf of the state Legislature.

  • March 04, 2025

    Chancery Finds Recent Precedent Backs Tesla's Texas Jump

    Elon Musk and Tesla on Monday beat a challenge in Delaware's Court of Chancery to the company's charter move to Texas, with fewer than two-thirds of shareholders approving, as the court invoked an opinion issued in November when a vice chancellor opened the door to The Trade Desk's exit to Nevada.

  • March 04, 2025

    CFPB Will Continue Litigating Debt Relief Co. Suit With NYAG

    The Consumer Financial Protection Bureau told a New York federal judge it will continue appearing with a multistate coalition of attorneys general in a suit accusing financial services firm StratFS of running an illegal debt-relief enterprise, marking a change for the bureau that has been voluntarily dismissing cases.

  • March 04, 2025

    Petersen Health Care Opposes Vendor's Ch. 11 Fee Demand

    Bankrupt skilled nursing facility operator Petersen Health Care told a Delaware bankruptcy judge Tuesday that a vendor seeking payment of its legal costs in pursuing a $163,000 administrative expense claim against the debtor should have the request slashed because the fees exceed the amount of the claim.

  • March 04, 2025

    Poultry Co. Hits Animal Rights Activists With Chancery Suit

    Poultry producer Mountaire Farms Inc. has sued for an injunction and damages against two alleged animal rights activists in Delaware's Court of Chancery, accusing both of sneaking onto a processing plant with a ladder, tools and a camera, and then fleeing when spotted near a chlorine tank.

  • March 04, 2025

    Approach The Bench: Judge Christopher Burke On Efficiency

    U.S. Magistrate Judge Christopher Burke uses innovative techniques to manage the glut of complex cases that come through Delaware's federal court.

  • March 03, 2025

    ITG Owes Reynolds Tobacco $251M For Settlement Payments

    ITG Brands LLC owes R.J. Reynolds Tobacco Co. roughly $251 million for payments R.J. Reynolds made to the state of Florida under a settlement reached before ITG acquired cigarette brands from it, according to an order issued by a Delaware vice chancellor Monday.

  • March 03, 2025

    Yellow Corp. Settles Pair Of WARN Suits In Del. For $12.3M

    Shuttered Yellow Corp.'s trucking company bankruptcy estate has agreed to settlements totaling $12.3 million with two former employee groups, which were reached before a Delaware judge's posttrial denial of Worker Adjustment and Retraining Act claims covering thousands of ex-company employees, according to recent court filings.

  • March 03, 2025

    Sanofi Grilled By Judge Over $1.2M In Amgen Patent Saga

    A federal judge in Delaware has told lawyers for Sanofi to rethink some of a $1.2 million costs bid, pointing to issues he had with the "bells and whistles" in litigation costs the French pharmaceutical giant had proposed after its successful defense of a decade-long patent fight by Amgen over cholesterol medication.

  • March 03, 2025

    VLSI Maintains Intel Doesn't Have A Free License To Its IP

    VLSI Technology has urged U.S. District Judge Alan Albright to reinstate his 2022 decision that Intel Corp. doesn't have a license to its patents, saying no facts impacting a potential license have changed in the interim.

  • March 03, 2025

    US Trustee Opposes Confirmation Of CarePoint's Ch. 11 Plan

    The U.S. Trustee's Office on Monday joined a flurry of objections against the Chapter 11 plan of CarePoint Health Systems inc., saying the hospital owner has made it hard for the trustee to gauge the plan's potential.

  • March 03, 2025

    Chancery OKs Amended Suit In $8B Paramount Sale Fight

    Delaware's chancellor agreed Monday to the filing of an amended stockholder challenge to Paramount Global's $8.2 billion merger with Skydance Media and ordered responses by Tuesday from parties affected by a stockholder call for a fast-tracked probe of Paramount's response to an alternative, $13.5 billion offer.

  • March 03, 2025

    3rd Circ. Preview: Litigation Funder, J&J Seek Relief In March

    The Third Circuit's case lineup this month will task panels with determining if an American litigation funder can keep its dispute with a German law firm in federal court, and whether Johnson & Johnson can decertify class claims accusing the company of artificially inflating its stock price by failing to disclose the alleged cancer risks of its talc products.

  • March 03, 2025

    Life Science Consulting Firm Hits Ch. 11 With Sale Plans

    Azzur Group, which offers services for pharmaceutical developers, filed for bankruptcy in Delaware with at least $100 million in debt and plans to hold an auction backed by a $56 million stalking horse offer.

  • February 28, 2025

    Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say

    The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.

Expert Analysis

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

  • CFPB's Message To States Takes On New Weight Under Trump

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    The Consumer Financial Protection Bureau's January guidance to state enforcers has fresh significance as the Trump administration moves to freeze the bureau's work, and industry should expect states to use this series of recommendations as an enforcement road map, say attorneys at Brownstein Hyatt.

  • Series

    Collecting Rare Books Makes Me A Better Lawyer

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    My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.

  • Opinion

    Judge Should Not Have Been Reprimanded For Alito Essay

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    Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.

  • Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example

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    Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.

  • SEC Motion Response Could Reveal New Crypto Approach

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    Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.

  • Del. Ruling Further Narrows Scope Of 'Bump-Up' Exclusion

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    The recent Delaware Superior Court ruling in Harman International v. Illinois National Insurance offers a critical framework for interpreting bump-up exclusions in management liability insurance policies, and follows the case law trend of narrow interpretation of such exclusions, says Simone Haugen at Tressler.

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

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