Delaware

  • March 19, 2025

    Truth Social Investors Say Suit Doesn't Belong In Fla.

    The former CEO of the special purpose acquisition company that took Donald Trump's Truth Social public told a Florida appeals court on Wednesday that the SPAC's lawsuit against him and his company should be filed in Delaware rather than Sarasota.

  • March 19, 2025

    Westlaw Rival Seeks Early Appeal Of 1st AI Ruling On Fair Use

    Legal tech company ROSS Intelligence Inc. has urged a Delaware federal court to let it seek the Third Circuit's opinion on two issues concerning the copyrightability of Thomson Reuters' Westlaw headnotes and fair use, saying the district court's recent about-face on the issues made it clear that legal guidance was needed.

  • March 19, 2025

    3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling

    Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.

  • March 19, 2025

    Plastic Recycler Gets OK For Ch. 11 Financing

    A Delaware bankruptcy judge on Wednesday gave an Indiana plastic recycling plant permission to make an initial draw on $13 million in Chapter 11 financing as it heads toward a May sale of its assets.

  • March 19, 2025

    Law360 Announces The Members Of Its 2025 Editorial Boards

    Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.

  • March 19, 2025

    Del. House Panel Sends Corporate Law Rework To Final Vote

    A Delaware House committee on Wednesday sent toward a possible final House vote corporation law amendments that would create new "safe harbor" protections for officers, directors and controlling stockholders, shielding them from liability if they have conflicting interests in some corporate acts.

  • March 19, 2025

    Plastic Alternative Maker Files Ch. 11 With $400M Of Debt

    Plastics alternative maker Danimer Scientific Inc. has filed for Chapter 11 protection in Delaware listing about $400 million of debt, saying in a filing with the U.S. Securities and Exchange Commission that it plans to wind down.

  • March 19, 2025

    Purdue Pharma Files New $7.4B Ch. 11 Plan Settlement

    Bankrupt OxyContin maker Purdue Pharma LP filed a new Chapter 11 plan in a New York bankruptcy court, including a $6.5 billion payment from members of the Sackler family who own the company and $900 million from the debtor, that aims to compensate thousands of creditors for damages from opioid sales.

  • March 18, 2025

    Emisphere, Novo Nordisk Sale Suit On Track For Settlement

    Former Emisphere Technologies Inc. stockholders are set to settle stockholder litigation over the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, a Robbins Geller Rudman & Dowd LLP attorney informed Delaware's Chancery Court on Tuesday, saying a stipulation of settlement should be in next month.

  • March 18, 2025

    Apple Arcade Accused Of Infringing Download Patent

    Apple was hit with a lawsuit Tuesday in Delaware federal court alleging its Arcade subscription service infringes a patent covering the process of searching for and downloading games.

  • March 18, 2025

    ITC To Review Whether Tourniquet Importers Are Ignoring Ban

    The U.S. International Trade Commission said that it is going to look into claims from a tourniquet maker that importers are ignoring a ruling last year that banned foreign counterfeit products.

  • March 18, 2025

    Port Project Fight Belongs In Arbitration, 3rd Circ. Hears

    An affiliate of Latin America-focused investment and asset management firm Notarc is urging the Third Circuit to send its dispute over control of a lucrative $1 billion port project near the Panama Canal to arbitration, saying a lower court mistakenly ruled the claims fell outside an underlying arbitration clause.

  • March 18, 2025

    Property Cos. Can't Escape Govt.'s Fair Housing Suit

    A property management company and several property owners can't be dismissed from Fair Housing Act suits filed by the federal government and advocacy groups accusing them of wrongfully refusing to provide reserved parking spaces to disabled tenants, a Delaware federal judge ruled Tuesday.

  • March 18, 2025

    Bausch Eye Vitamin Case Should Go To Jury, Judge Says

    The maker of eye care product MacularProtect shouldn't get a ruling clearing it from allegations it infringed Bausch & Lomb patents related to its PreserVision vitamin based on a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, a federal magistrate judge in Delaware has said.

  • March 18, 2025

    AI Healthcare Co. Accuses Test-Maker Of Infringing Patents

    Artificial intelligence-powered diagnostics company Tempus AI has accused medical test-maker Guardant Health of infringing numerous patents related to healthcare records platforms and ways of pinpointing patient biomarkers.

  • March 18, 2025

    States Oppose Term In Sandoz Price-Fixing Deal With Fla.

    State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.

  • March 18, 2025

    Bancorp Downplayed CRE Bridge Loan Risks, Investor Claims

    An investor in The Bancorp Inc. is accusing the financial holding company in Delaware federal court of causing stock value to decline by misleading investors, including by not fully disclosing how its commercial real estate bridge loans were in danger of defaulting.

  • March 18, 2025

    Forever 21 Moves Ahead With Swift Ch. 11 Plans

    Fast-fashion retailer Forever 21 on Tuesday secured a Delaware bankruptcy judge's approval for motions that put it on track to close more than 300 stores and emerge from its second Chapter 11 in June.

  • March 18, 2025

    News Union Backs NLRB Order Against Pittsburgh Paper

    The Pittsburgh Post-Gazette bargained in bad faith with its reporters' union by insisting on unilateral control over their job terms based on vague concerns about the journalism industry, the union told the Third Circuit, urging a panel to enforce a National Labor Relations Board ruling.

  • March 17, 2025

    Meta Facing Investor Suit Over €1.2B EU Data Privacy Fine

    A pair of pension funds on Monday filed suit against Meta Platforms Inc. in Delaware's Court of Chancery, accusing the company of repeatedly violating data privacy laws, a pattern that the funds say led to the company being fined €1.2 billion ($1.3 billion) by European authorities.

  • March 17, 2025

    Novartis Nabs Partial Ban Against MSN's Heart Drug Generic

    Novartis AG succeeded Monday in blocking a competitor from potentially selling a similar-looking generic drug for treating heart failure, with a New Jersey federal judge remarking that MSN Laboratories Pvt. Ltd. "could have distinguished its pills," though she was less convinced that the name "Novadoz" was confusingly similar to "Novartis."

  • March 17, 2025

    ZoomInfo Says Rival's Employee Reviews Show Infringement

    Customer data platform company ZoomInfo has hauled its competitor Apollo.Io into Delaware federal court for allegedly infringing two of its patents, citing employee reviews on Glassdoor criticizing Apollo for copying and "cloning" rival products.

  • March 17, 2025

    Del. Corporate Law Rework Has Roots In 2 Academic Papers

    A proposed overhaul of Delaware's corporations law that has rocked the First State's legal world has its origins in two works published in 2021 and 2001, written by some of the same jurists who helped draft legislation driven by alarm over corporate charter exits and shareholder suits.

  • March 17, 2025

    $4.4B Alteryx Sale Was Lowball Offer, Investors Tell Del. Court

    Former stockholders of cloud-based enterprise analytics platform Alteryx Inc. have challenged the venture's allegedly lowball, $4.4 billion sale in 2024 to two private equity buyers, claiming breaches of fiduciary duty in Delaware Chancery Court that include undisclosed conflicts among directors and key officers.

  • March 17, 2025

    Austrian Biotech BIA Hits Ch. 15, Says Exec Stole $22M

    Austrian biotechnology firm BIA has filed for Chapter 15 protection in Delaware to recover assets in the U.S., alleging an executive fraudulently transferred roughly $22 million in company funds and left it insolvent.

Expert Analysis

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • 8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.

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    A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • UK Lawyers Can Access Broad US Discovery To Win Cases

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    Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Predicting Where State AGs Will Direct Their Attention In 2025

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    In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.

  • A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond

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    Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

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