Delaware

  • January 29, 2025

    3rd Circ. Says DOE Pool Pump Rule Detractor Failed To Object

    A Third Circuit panel unanimously denied on Wednesday a swimming pool pump manufacturer's challenge of the U.S. Department of Energy's conservation standards for pump motors, ruling that the company had waived its argument.

  • January 29, 2025

    Attys Apologize To Del. Judge For Unclear Discovery Bid

    Attorneys from Heyman Enerio Gattuso & Hirzel, Wachtel Lipton Rosen & Katz, and White & Case have apologized to Delaware's chief U.S. district judge for not "clearly" communicating necessary information in a discovery bid related to their defense of corporate clients amid a Shell Chemical LP antitrust proceeding in the Netherlands.

  • January 29, 2025

    3rd Circ. Skeptical Of Philly Firm's Ch. 7 Case Fee Quest

    The Third Circuit on Wednesday seemed skeptical that Spector Gaden Rosen Vinci PC properly informed a bankruptcy court of the billing and services provided to a couple in a Chapter 7 case in which a judge sanctioned the firm for violating disclosure rules, a matter that left one appeals judge "shocked" at the Philadelphia firm's alleged shortfall.

  • January 29, 2025

    White House Rescinds Trump's Spending Freeze

    The White House on Wednesday rescinded a directive freezing federal funding, saying it wants to end litigation and confusion, but said the move will not end a review of spending to ensure compliance with a series of executive orders by the president.

  • January 28, 2025

    Capri Investors Sue Over Scrapped $8.5B Tapestry Merger

    Fashion brand giants Capri Holdings Ltd. and Tapestry Inc. misled investors about potential antitrust regulatory issues associated with their planned $8.5 billion merger that ultimately led to the deal's failure and investor losses, according to a proposed securities class action filed Tuesday in Delaware federal court.

  • January 28, 2025

    GSK Urges Del. Judge To Enhance $235M Skinny Label Win

    GlaxoSmithKline LLC is urging a Delaware federal judge to enhance the $235 million damages award a jury issued against Teva Pharmaceuticals USA Inc. in 2017, now that the dispute over skinny label infringement has returned to district court.

  • January 28, 2025

    Chancery Nixes TRO in Jenzabar Stock Buyback Dispute

    Investors in an educational software venture mired in Delaware Court of Chancery litigation dating to 2009 lost an 11th-hour effort to broaden the latest case on Tuesday, with a vice chancellor noting that the state Supreme Court is set to take up an appeal in the already decided action on Wednesday.

  • January 28, 2025

    Creditors Seek To End Yellow Corp.'s Exclusive Ch. 11 Control

    The official committee of unsecured creditors in Yellow Corp.'s bankruptcy case filed a motion Tuesday to terminate the defunct trucking company's exclusive right to file a Chapter 11 plan, or alternatively, to convert the proceedings to a Chapter 7 liquidation.

  • January 28, 2025

    Judge Temporarily Halts Trump's Funding Freeze

    A D.C. federal judge on Tuesday temporarily blocked a Trump administration freeze on federal spending that was set to go into effect at 5 p.m., as a group of nearly two dozen attorneys general filed a separate case challenging what they described as an illegal and potentially catastrophic move.

  • January 28, 2025

    Chancery Bars More Disclosures In Sage-Biogen Fight

    A Delaware vice chancellor on Tuesday prohibited Biogen Inc. and its human therapeutics product subsidiary from making public statements regarding a potential buyout of Sage Therapeutics Inc. after Sage sued for enforcement of a standstill provision in an earlier Biogen deal for Sage stock.

  • January 28, 2025

    NY Battery Startup Hits Ch. 11 With $136M Debt, Sale Plans

    Electric vehicle and renewable energy storage lithium-ion battery maker iM3NY filed for bankruptcy protection in Delaware, reporting around $136 million in debt after it wasn't able to drum up new funding for a battery production plant in New York.

  • January 27, 2025

    Virtu, Insiders Sued In Del. Over Stock Buybacks

    Stockholders of Virtu Inc. have sued the global financial services venture's top brass in Delaware's Court of Chancery, alleging they diverted roughly $400 million from public stockholders through share repurchases that took advantage of the company's two-tiered corporate structure.

  • January 27, 2025

    PTAB Axes Processor Patent Asserted Against Carmakers

    The Patent Trial and Appeal Board has invalidated all the claims in a patent issued almost a decade ago to engineers at Intel and then assigned to a litigation business that asserted it against automakers and others. 

  • January 27, 2025

    Chancery Orders Tech Co. Trust Dissolved, Sanctions Trustee

    Citing a trustee's repeated, improper attempts to transfer interests now held in a statutory trust formed to hold an Idaho tech company's shares, a Delaware vice chancellor on Monday ordered the trust dissolved and the trustee barred from managing any other trust or entity holding the company's stock.

  • January 27, 2025

    Judge Refuses To Stop Amazon Data Suit In Ill. State Court

    A Delaware federal judge refused on Monday to block a lawsuit in Illinois state court accusing Amazon Web Services of illegally collecting voice data, saying the Illinois privacy case involves different claims and parties than the federal case, which was dismissed because some plaintiffs lacked standing.

  • January 27, 2025

    3rd Circ. Says Class Cert. Won't Work In Junk Fax Suit

    Since Fox Rehabilitation Services used "highly individualized methods" to seek consent from the entities it sent faxes to, it would be too difficult for a lawsuit accusing the company of sending unsolicited ads to proceed as a class action, a split Third Circuit panel has ruled.

  • January 27, 2025

    Investor Accuses 'Chicken Soup' Parent Of Mismanagement

    A corporate investor in Chicken Soup for the Soul Holdings LLC has accused the publishing company, which has released popular self-help books for decades, of mismanagement leading up to a subsidiary's Chapter 7 liquidation, saying the company didn't provide proper financial information requested by the investor. 

  • January 27, 2025

    AIG Unit Says No Coverage For McKinsey Opioid Suits, Deals

    Management consulting giant McKinsey & Co. shouldn't have any coverage for more than 250 opioid lawsuits and roughly $1.3 billion it's paid in corresponding settlement payments to date, an AIG unit told a Delaware state court, arguing the underlying claimants have accused McKinsey of uninsurable "deliberate misconduct and greed."

  • January 27, 2025

    Twitter Investor Can't Recoup Stock Sale Loss, Musk Atty Says

    An attorney for Elon Musk and Twitter successor X Corp. argued on Monday that seller's remorse prompted a former investor in the social media giant to launch an unsupportable, pro se lawsuit in Delaware's Court of Chancery to recover losses from his premature sale of the taken-private company's stock.

  • January 24, 2025

    Fed. Circ. Partly Revives Steuben's Win In $38M IP Trial

    The Federal Circuit largely revived Steuben Foods' infringement victory from a jury trial on Friday, in an opinion that also delved into the status of the rarely used reverse doctrine of equivalents.

  • January 24, 2025

    Trump Media Says Presidential Shield Deflects Investors' Suit

    President Donald Trump's social media company on Friday urged the Delaware Chancery Court to dismiss, or at least stay, a lawsuit brought by investors alleging that plans to take the platform public would cheat them out of their shares, arguing that a sitting president is shielded from civil litigation in state court.

  • January 24, 2025

    Del. Justices Reject Investor Suit Over Dropped Drug Prospect

    Delaware's Supreme Court on Friday upheld a Court of Chancery decision dismissing a Ception Therapeutics Inc. stockholder suit alleging breaches of an agreement to use commercially reasonable efforts before Cephalon Inc., which acquired Ception, and Teva Pharmaceuticals USA Inc. abandoned a new drug prospect.

  • January 24, 2025

    Chancery Keeps $4.6B Cvent Sale Challenge Alive

    Most claims moved forward toward trial Friday in a Delaware Court of Chancery suit alleging breaches of fiduciary duty by the directors and CEO of cloud-based event management technology provider Cvent Holding Corp. and its controlling stockholder in a $4.6 billion take-private sale to affiliates of Blackstone Inc.

  • January 24, 2025

    Deere Loses Fed. Circ. Bid To Revive Seeding Patent Fight

    The Federal Circuit on Friday shot down John Deere's appeal of its loss at the lower court in a case where a jury found that a rival's SpeedTube products didn't infringe a pair of patents, affirming a lower court's denial of the farming equipment giant's bid for a new trial.

  • January 24, 2025

    3rd Circ. Halts Pa. Med Insurer Suit Pending High Court Review

    The Third Circuit agreed Friday to put a hold on its ruling that Pennsylvania's medical malpractice insurance fund is an agency of the state and can dip into the fund's $300 million budget surplus pending the outcome of the fund's appeal to the U.S. Supreme Court.

Expert Analysis

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

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    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Del. Dispatch: Clarifying Charter Amendment Vote Obligations

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    The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

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