Delaware

  • September 23, 2024

    States, Enviros Urge USPS Vehicle Plan Challenge To Proceed

    States and environmentalists have pushed back against the U.S. Postal Service and Oshkosh Defense's efforts to end a lawsuit alleging the USPS' multibillion-dollar delivery vehicle acquisition plan violates environmental law, saying the plan was inadequate and would harm them.

  • September 23, 2024

    Del. Justices Uphold Bankrupt Byju's US Lender Takeover

    A panel of Delaware Supreme Court justices on Monday affirmed a lower court's ruling that the American arm of Indian educational technology business Byju's was in default under a $1.2 billion loan and that lenders had the authority to install new directors.

  • September 23, 2024

    Fired Sotera Exec's Vesting Suit Goes Forward In Del.

    Delaware's Court of Chancery dismissed on Monday some claims in a former Sotera Health Co. executive's suit accusing the lab-testing and sterilization firm of wrongly refusing to grant him severance benefits and equity awards worth millions, while holding other claims for trial.

  • September 23, 2024

    GSK Claims Pfizer Hasn't Proven Misconduct In Vax IP Fight

    GlaxoSmithKline is urging a Delaware federal judge to block Pfizer and BioNTech's claims that it has misused its patents tied to COVID-19 vaccination technology, or that it and a predecessor acted inappropriately when applying for those patents.

  • September 23, 2024

    Cargo Airliner ESOP Participants Seek OK On $14.5M Deal

    Western Global Airlines and its investment manager will pay $14.5 million to end a proposed class action from two pilots for the cargo airliner alleging the company's employee stock ownership plan was mishandled, according to filings in Delaware federal court.

  • September 23, 2024

    3rd Circ. Vexed By Time-Tracking Role In $22M Wage Case

    The Third Circuit contemplated on Monday whether a Pennsylvania battery manufacturer shorted workers $22 million for time they spent putting on and taking off protective gear, with one judge questioning the employer's stance that it was the workers' responsibility to track their donning and doffing time. 

  • September 23, 2024

    Davis Polk Vows Ex-Clerk Won't Touch Crypto Merger Suit

    Local counsel for Galaxy Digital Holdings Inc. has told a Delaware vice chancellor that Davis Polk & Wardwell LLP will ensure that an incoming associate who clerked for the state's Supreme Court won't share information with attorneys defending the digital assets company in a merger suit that the state's highest court revived in May.

  • September 20, 2024

    3rd Circ. CFPB Ruling Threatens Securitization, Justices Told

    Two major trade groups for the securities industry have urged the U.S. Supreme Court to review a Third Circuit decision allowing the Consumer Financial Protection Bureau to exercise enforcement authority over a collection of student loan securitization trusts, slamming the ruling as wrong and dangerous.

  • September 20, 2024

    Alnylam Seeks To End Inventorship Suit Tied To COVID Vax

    Alnylam Pharmaceuticals, which alleges that COVID-19 vaccines made by Pfizer and Moderna infringe its patents, has moved in Delaware federal court to dismiss a suit by former collaborator Acuitas Therapeutics Inc. seeking to have its scientists added as inventors on the patents.

  • September 20, 2024

    3rd Circ. Rejects 'Close' Case For Preemption In Fosamax MDL

    A U.S. Food and Drug Administration letter denying changes to the label of Merck's osteoporosis drug Fosamax does not count as a final agency action triggering federal preemption of state law "failure to warn" claims, the Third Circuit ruled Friday in a precedential decision.

  • September 20, 2024

    Getting Around ITC Was 'Sneaky,' Judge Tells Caterpillar

    A Delaware court has held that Caterpillar owes about $19.5 million in a patent case, citing in part the company's "sneaky" decision to domesticate manufacturing after a setback in a related infringement case at the U.S. International Trade Commission, while also finding that Caterpillar is subject to a rare injunction blocking the sale of some of its road construction machines.

  • September 20, 2024

    Del. Justices Uphold Toss Of AmerisourceBergen Syringe Suit

    Delaware's Supreme Court upheld with little comment Friday a lower court dismissal of a nearly 5-year-old shareholder derivative suit accusing AmerisourceBergen Corp. directors of failing to investigate and stop illegal repackaging of cancer drugs.

  • September 20, 2024

    Northwestern Scores $6.6M Verdict On 'Cobot' Patents

    A Delaware federal jury has awarded $6.6 million to Northwestern University after finding that Universal Robots infringed claims in three patents on collaborative robot, or "cobot," systems.

  • September 20, 2024

    US Chamber Warns Del. Justices On TC Energy Case Fallout

    The U.S. Chamber of Commerce warned Delaware's Supreme Court Friday of "detrimental and expensive consequences" from an unprecedented, $199 million damages ruling against TransCanada Corp. last year for aiding seller fiduciary breaches in its $13 billion acquisition of Columbia Pipeline Corp.

  • September 20, 2024

    Doctor Can't Secure Disability Coverage, 3rd Circ. Affirms

    An ophthalmologist cannot secure total-disability benefits from his occupational disability insurer after he was diagnosed with a nerve condition preventing him from performing surgeries, the Third Circuit ruled, noting he still maintained his practice even after he stopped performing the surgeries.

  • September 20, 2024

    Silvergate Wants Activist Investor's Board Seat Play Blocked

    The parent company of Silvergate Bank, a defunct bank that catered to the cryptocurrency industry, has asked the judge in its Delaware bankruptcy case to help head off what it described as an activist investor's effort to score a seat on the debtor's board so he can try to secure a payout for shareholders who are set to receive nothing under a Chapter 11 plan.

  • September 19, 2024

    Feds Can't Order $31M To Refill Class Funds, 3rd Circ. Told

    A New Jersey man convicted for stealing $40 million from settlements in stockholder class actions told a Third Circuit panel Thursday the multimillion-dollar restitution ordered at his sentencing is unlawful and should be vacated, arguing that the settlements weren't harmed.

  • September 19, 2024

    Chancery Fast-Tracks Suit Over Renewable Energy Co. Buyout

    Delaware's Court of Chancery on Thursday expedited a lawsuit accusing a Repsol SA subsidiary of breaching an agreement requiring it to buy out the remaining shares in a Chicago-based renewable energy venture the Repsol unit co-owns.

  • September 19, 2024

    Newsmax Appeals Quash Of Smartmatic Atty Subpoenas

    Newsmax Media Inc. is appealing a Florida judge's decision to quash its attempt to subpoena a slew of criminal defense attorneys — representing Smartmatic USA Corp. executives in a criminal case over a Philippines elections contract — in Smartmatic's defamation suit over Newsmax reports tying the voting tech company to alleged conspiracies to steal the 2020 U.S. presidential election.

  • September 19, 2024

    Norwich Asks Justices To Allow Sale Of Generic Diarrhea Drug

    A New York drugmaker has told the U.S. Supreme Court that the courts have gone too far in preventing the release of a generic version of a blockbuster diarrhea drug, after a lower court found there was a way of using the drug that would infringe certain patents.

  • September 19, 2024

    Puerto Rico, Navient Ink $7.7M Student Loan Forgiveness Deal

    Navient Corp. has reached an agreement with Puerto Rico's attorney general to forgive at least $7.7 million in private student loans after being accused of past predatory lending to student borrowers and pervasive loan servicing failures.

  • September 19, 2024

    Tupperware Gears Up For Lender Fight Over Ch. 11 Plans

    Iconic food storage brand Tupperware received a Delaware bankruptcy judge's approval Thursday to keep its bank account systems operating as it prepares to fight off objections to most of its first-day motions next week from a group of secured lenders looking to dismiss its Chapter 11 bankruptcy and foreclose on its assets.

  • September 19, 2024

    Amazon, Bezos Deny Blue Origin Deal Challenges In Del.

    An Amazon.com stockholder suit seeking damages from the e-commerce giant for purportedly conflicted dealing with company founder Jeff Bezos' Blue Origin space launch business can't get off the ground in Delaware's Court of Chancery, attorneys for the Amazon parties argued in a new brief filed late Wednesday.

  • September 19, 2024

    New NJ Senator Seeks Postelection Vote On 3rd Circ. Nominee

    New Jersey's new U.S. senator, freshly sworn-in Democrat George Helmy, hopes the Senate will vote after the election on the long-stalled nomination of Adeel Mangi to the Third Circuit, which includes his state.

  • September 19, 2024

    Delaware Powerhouse: Bernstein Litowitz

    Bernstein Litowitz Berger & Grossmann LLP continues to build a reputation for success in Delaware's Chancery Court, with bona fides that include serving as lead trial counsel in a shareholder action that led to Elon Musk's massive compensation plan at Tesla being rescinded, landing the firm on Law360's 2024 list of Delaware Powerhouses.

Expert Analysis

  • Recruitment Trends In Emerging Law Firm Frontiers

    Author Photo

    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • 4 Tips For Drafting Earnouts To Avoid Disputes

    Author Photo

    Amid slowed merger and acquisition activity, buyers and sellers are increasingly turning to earnout provisions to get deals done, but these must be carefully drafted to avoid interpretative differences that can lead to later disputes, say attorneys at Cooley.

  • Series

    Glassblowing Makes Me A Better Lawyer

    Author Photo

    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

  • How Associates Can Build A Professional Image

    Author Photo

    As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.

  • Yellow Corp. Lease Assumption Shows Landlord Protections

    Author Photo

    Yellow Corp.’s recent filing of a motion to assume unexpired leases is a helpful reminder to practitioners to maintain a long-term approach about what is most beneficial for an estate and to not let a debtor's short-term cash position dictate business decisions, says Kyle Arendsen at Squire Patton.

  • Skip Versus File: The Patent Dilemma That Costs Millions

    Author Photo

    In the nearly 30 years since the inception of the provisional application, many have weighed the question of whether or not to file the provisional, and data shows that doing so may allow inventors more time to refine their ideas and potentially gain an extra year of protection, says Stanko Vuleta at Highlands Advisory.

  • Firms Must Rethink How They Train New Lawyers In AI Age

    Author Photo

    As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.

  • Think Like A Lawyer: Always Be Closing

    Author Photo

    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

    Author Photo

    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Patent Lessons From 7 Federal Circuit Reversals In May

    Author Photo

    A look at recent cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court provide guidance on how to succeed on appeal by clarifying the obviousness analysis of design patents, the finality of a judgment, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

    Author Photo

    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

    Author Photo

    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • NY Combined Hearing Guidelines Can Shorten Ch. 11 Timeline

    Author Photo

    The Southern District of New York’s recently adopted guidelines on combining the processes for Chapter 11 plan confirmation and disclosure statement approval may shorten the Chapter 11 timeline for companies and reduce associated costs, say Robert Drain and Moshe Jacob at Skadden.

  • Opinion

    Bankruptcy Judges Can Justly Resolve Mass Tort Cases

    Author Photo

    Johnson & Johnson’s recent announcement of a prepackaged reorganization plan for its talc unit highlights that Chapter 11 is a continually evolving living statute that can address new types of problems with reorganization, value and job preservation, and just treatment for creditors, says Kenneth Rosen at Ken Rosen Advisors PC.

  • Series

    Fishing Makes Me A Better Lawyer

    Author Photo

    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!