Delaware

  • April 21, 2025

    Del. Court Nixes Litigation Support Co. Noncompete Injunction

    Citing in part "overbroad" claims, Delaware's Court of Chancery denied an HKA Global Inc. preliminary injunction bid Monday seeking damages from and restrictions on former employees of the risk mitigation and litigation support company who allegedly jumped to a competitor and then lured away colleagues.

  • April 21, 2025

    Paramount Global, Stockholders Pause Skydance Doc Suit

    Paramount Global and three pension fund stockholders have agreed to pause a suit seeking records on the entertainment giant's planned $8 billion merger with Skydance Media pending further negotiations or closing on the deal.

  • April 21, 2025

    PTAB Invalidates Inpria Patent But Allows It To Amend Claims

    The Patent Trial and Appeal Board has invalidated all the challenged claims in an Inpria Corp. patent related to extreme ultraviolet light semiconductor processing, but allowed the company the opportunity to amend its claims.

  • April 21, 2025

    X Gets Arbitral Awards Booted From Workers' Severance Case

    The arbitration awards a group of X workers tried to present to a Delaware federal court don't add anything to their suit claiming the social media platform owes them additional severance payments, the court ruled, striking them from the docket.

  • April 21, 2025

    GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit

    GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.

  • April 21, 2025

    Solar Co. Oya Gets OK On Ch. 11 Liquidation After Asset Sales

    A Delaware bankruptcy judge on Monday confirmed solar energy producer Oya Renewables' bid to liquidate through Chapter 11 under a plan supported by creditors, months after the company sold most of its assets for $39 million.

  • April 19, 2025

    Real Estate Recap: Q1 Dealmakers, Tariff Tension

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the law firms that guided the 10 largest real estate deals of the first quarter, and how dealmakers and companies have been navigating uncertainty in the market.

  • April 18, 2025

    No Privilege For Litigation Funder In Netflix Case, Judge Says

    A Virginia federal judge said Friday "it is clear" a Finnish executive cannot claim any kind of attorney-client privilege over his relationship with a litigation funder, after his former lawyer was accused of sharing confidential financial information about Netflix Inc. related to a failed patent case against the streaming service.

  • April 18, 2025

    Democratic AGs Say Trump Illegally Fired FTC Commissioners

    Attorneys general from 20 states and the District of Columbia filed an amicus brief Friday in D.C. federal court backing two fired Democratic Federal Trade Commission members, writing that President Donald Trump's actions violate federal law prohibiting their removal except for cause. 

  • April 18, 2025

    Heritage Coal Challenges Ex-Owner's Liens In Ch. 11 Offshoot

    Bankrupt coal producer Heritage Coal & Natural Resources LLC has asked a Delaware bankruptcy judge to reject the asserted liens of the company's former owner and general manager, saying the debtor's equipment is already subject to liens of prepetition lenders.

  • April 18, 2025

    Fed. Circ. Backs Fox In 1st Alice Case On Machine Learning

    The Federal Circuit ruled Friday that applying established machine learning methods to a new area cannot be patented, delving for the first time into the patent eligibility issues concerning the emerging technology in a decision upholding a win for Fox Corp. over TV scheduling patents.

  • April 18, 2025

    Biotech Execs Seek Ch. 15 Pause Pending Trustee Removal

    Executives with BIA Separations, the U.S. subsidiary of an Austrian biotechnology company, have asked a Delaware bankruptcy judge to delay granting the foreign company Chapter 15 recognition until efforts to remove the trustee who started the U.S. bankruptcy can be decided.

  • April 18, 2025

    3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit

    The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.

  • April 18, 2025

    Del. House Bill Would Exempt Overtime Pay From Income Tax

    Delaware would exempt eligible workers' overtime pay from state income tax under a bill introduced in the state House of Representatives.

  • April 18, 2025

    5 Takeaways From Texas Stock Exchange's SEC Filing

    The newly formed Texas Stock Exchange LLC is proposing rules that largely resemble those of the New York heavyweights it seeks to challenge, along with some notable differences, leaving questions on how the exchange will distinguish itself. Here are five takeaways from TXSE's securities filing.

  • April 17, 2025

    RI Judge Wants To Know Who's Behind $11B Health Grant Cuts

    A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.

  • April 17, 2025

    Chancery Fast-Tracks Suits Targeting Reinsurance Offshoring

    A trio of Oxford Risk Management Group LLC reinsurance customers this week won fast-tracking of three Court of Chancery suits that raised multiple claims, including for treble damages, after ORMG declared that it had unilaterally transferred some of its U.S. accounts and exposures to an allegedly steeply undercapitalized, captive Bermuda reinsurer.

  • April 17, 2025

    SolarWinds Sued For Docs On $4.4B Take-Private Deal

    Citing company controller clout and alleged minority stockholder sidelining, a SolarWinds Corp. stock-owning trust has sued in Delaware's Court of Chancery for documents related to the company's $4.4 billion, $18.50-per-share take-public deal from Turn/River Capital LP.

  • April 17, 2025

    3rd Circ. Questions Walmart's Duty To Disclose Opioid Probe

    The Third Circuit on Thursday questioned the extent to which Walmart knew of the government's interest in prosecuting it for opioid sales, as it considered a bid by investors to revive class claims alleging the retail chain failed to disclose it was under investigation.

  • April 17, 2025

    Del. Senate Confirms New President Judge For Superior Court

    Delaware's Senate on Thursday confirmed Superior Court Judge Eric M. Davis, who this week postponed the trial in a high stakes defamation battle between Dominion Voting Systems and Newsmax Media Inc., to serve as the court's chief judge.

  • April 17, 2025

    High Court Sets Arguments Over Birthright Pause

    The U.S. Supreme Court on Thursday ordered special oral arguments over President Donald Trump's bid to pause or limit three nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, keeping the president's mandate on hold until at least mid-May.

  • April 17, 2025

    Petersen Health Gets Initial OK To Take Votes On Ch. 11 Plan

    A Delaware bankruptcy judge on Thursday provisionally approved skilled nursing facility operator Petersen Health Care's bid to send its Chapter 11 liquidation plan out to creditors for voting, months after the company sold off most of its assets.

  • April 16, 2025

    3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge

    The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.

  • April 16, 2025

    Imerys Says Italian Unit In Danger From Talc Lawsuits

    Bankrupt talc producer Imerys Talc America on Wednesday defended its recent move to file a Chapter 11 case for its Italian subsidiary, saying the foreign unit is facing imminent financial danger should it be targeted in talc injury suits.

  • April 16, 2025

    3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact

    The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.

Expert Analysis

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • How Courts Weigh Section 1782 Discovery For UPC Cases

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    A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

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