Delaware

  • May 10, 2024

    UPMC Inks $38M Deal To End Neurosurgery FCA Suit

    The University of Pittsburgh Medical Center has agreed to pay $38 million to put an end to a False Claims Act suit brought by three medical workers from its neurological surgery department who said the medical center fraudulently billed federal healthcare programs.

  • May 10, 2024

    JLM Couture Nears Settlement With Bridal Dress Designer

    Dressmaker JLM Couture told Delaware's bankruptcy court Friday it reached an agreement in principle with a bridal dress designer, who was sued by the company and had sought to convert its Chapter 11 case into a Chapter 7 liquidation.

  • May 10, 2024

    Guess? Sued To Stop Founders' Alleged Pending Equity Grab

    A pension fund stockholder of Guess? Inc. has sued the company, its founders, and its board in Delaware's Court of Chancery, alleging "a covert attempt to strip the company's public stockholders of their contractual right to equal treatment" in connection with a merger or sale of Guess.

  • May 10, 2024

    Jury Says Microsoft Owes $242M For Infringing IPA Patent

    A Delaware federal jury on Friday found that Microsoft infringed a trio of claims in a patent initially issued to a company that developed Apple's Siri software, handing the patent owner $242 million.

  • May 10, 2024

    Pepperidge Farm Drivers Not Employees, 3rd Circ. Affirms

    Three delivery drivers for Pepperidge Farm are independent contractors, not employees, and thus cannot sue the company for state wage and hour law violations, a Third Circuit panel ruled Friday, saying the drivers' daily responsibilities make it clear they are self-employed.

  • May 10, 2024

    Casa Systems Strikes Deal For Ch. 11 Cash Collateral

    Casa Systems Inc. said Friday it was ready to submit a cash collateral order for the Delaware bankruptcy court's approval, after the debtor, its unsecured creditors committee and an ad hoc group of secured lenders reached a settlement to use that cash under terms acceptable to all three parties.

  • May 09, 2024

    3rd Circ. Rejects Hunter Biden Gun Appeal, Trial Set For June

    The Third Circuit on Thursday refused to consider Hunter Biden's appeal of three Delaware federal court orders declining to dismiss felony firearm charges against him, an order issued the same day the lower court again refused to toss the indictment and scheduled the trial for June.

  • May 09, 2024

    Fed. Circ. Lifts Ban On Generic Cos.' Bladder Drugs

    The Federal Circuit on Thursday rejected Astellas Pharma's latest effort to stop the launch of generic drugs that would compete with its own blockbuster overactive bladder medication and lifted a temporary ban that was put in place by the appeals court in April.

  • May 09, 2024

    Judge Clarifies Gilead Didn't Directly Infringe HIV Drug IP

    A Delaware federal judge on Thursday rejected Gilead Sciences' request to amend her judgment finding that two medications in its HIV prevention regimen, Truvada and Descovy, directly infringed the government's invalidated patents, but clarified her judgment to say that non-party patients or physicians committed the infringement.

  • May 09, 2024

    Investor Seeks Del. TRO To Block Treasure Hunter Co. Vote

    A marine treasure hunting and salvage company stockholder urged Delaware's Court of Chancery to block a June 3 shareholder meeting called by the company's founder and purported majority shareholder, arguing in part that most of Marine Exploration Inc.'s claimed shares are void.

  • May 09, 2024

    3rd Circ. Tears Up Pa. Town's 'Crazy Quilt Of A Sign Ordinance'

    The Third Circuit backed a lower court's decision Thursday holding that a Pennsylvania town's sign ordinance violated the First Amendment by restricting what "personal expression signs" can be posted based on their content — a precedential victory for local Republicans who challenged the rule.

  • May 09, 2024

    Policies Bar Origis Investor Suit Coverage, Del. Judge Finds

    A Delaware Superior Court judge dismissed most insurers from a renewable energy company and its now-former CEO's action seeking coverage for an underlying investor suit over devalued shares, saying Thursday that a "no action" clause in one set of policies and a prior acts exclusion in another preclude coverage.

  • May 09, 2024

    3rd Circ. Judge Jordan To Retire In January 2025

    Judge Kent A. Jordan will retire from the U.S. Court of Appeals for the Third Circuit next year after serving on that bench for nearly two decades, Law360 has learned.

  • May 09, 2024

    Mobile Carriers Pay $10M To End 50 AGs' Deceptive Ad Claims

    A coalition of nearly all the country's state attorneys general on Thursday announced $10.25 million in settlements that AT&T, Verizon and T-Mobile have agreed to pay to end a multistate probe into the wireless carriers' allegedly misleading advertising practices.

  • May 09, 2024

    Chancery Tosses Qualcomm Investor's Diversity Suit

    A shareholder who sued Qualcomm Inc. for allegedly misleading the public and investors about its efforts to diversify its board has failed to show that the company didn't consider diverse candidates, Delaware's Court of Chancery said Thursday, dismissing the shareholder's case.

  • May 09, 2024

    Designer, Hotelier Sued For Allegedly Duping EB-5 Investors

    Chinese investors in a luxury California hotel for green cards lodged a potential class action Thursday against a prominent interior designer and her hotelier husband for allegedly duping backers into believing Marriott would manage the hotel.

  • May 09, 2024

    Del. Supreme Court Rejects Mid-Case Appeals In Oil Harm Suit

    Observing a mid-case appeal would "further complicate and delay an already complex litigation," Delaware's Supreme Court has refused to review claims dismissed or retained in an ongoing, potential landmark suit seeking state-level damages for fossil-fuel company emissions tied to climate change.

  • May 09, 2024

    Apnea Device Maker ProSomnus Gets OK For Ch. 11 Loan

    A Delaware bankruptcy judge Thursday gave sleep apnea device maker ProSomnus interim permission to tap into $13 million in Chapter 11 financing to fund the company through what it says will be the end of its case in August.

  • May 08, 2024

    AGs Blast Federal Data Privacy Law's Proposed State Override

    California joined attorneys general from more than a dozen other states and Washington, D.C., on Wednesday to urge Congress to ensure that proposed federal data privacy legislation sets a "floor, not a ceiling" that would preserve more stringent protections states have enacted and allow them to add new laws to address rapid technological developments. 

  • May 08, 2024

    Tesla Slams Class Bid For Musk Shares Lockdown In Del.

    Attorneys for Elon Musk and Tesla Inc. and its board have blasted class attorney motions to sequester billions worth of the automotive company's shares as an improper attempt to shield a nonfinal court ruling on Musk's 10-year compensation plan and as potential interference in a Tesla bid to reincorporate in Texas.

  • May 08, 2024

    AMC Objector Says Chancery Settlement Lacked Due Process

    An AMC Entertainment Inc. stockholder who opposed a class settlement that the company reached with other shareholders to end Chancery Court litigation over a controversial share conversion told Delaware's Supreme Court Wednesday that the deal should be unwound for lack of due process.

  • May 08, 2024

    99 Cents Beats Creditor Objection To Get OK On $61M DIP

    A Delaware bankruptcy judge on Wednesday approved discount store 99 Cents Only's full $60.8 million Chapter 11 financing deal after rejecting a group of noteholders' objection to the relief, finding an intercreditor agreement barred the group from blocking debtor-in-possession funding.

  • May 08, 2024

    Trashing Of IP Case Wrongly Cut Atty Fees, Del. Justices Told

    An attorney for a client who saw all claims against him dropped before trial in a suit focused on allegedly purloined trash-handling trade secrets urged Delaware's Supreme Court on Wednesday to reverse the Chancery Court's purported failure to hear his attorney fee claim.

  • May 08, 2024

    Sleep Apnea Co. Hits Ch. 11 Over $41.5M In Debt, Cash Woes

    California-based ProSomnus, which produces devices to prevent sleep apnea, said a balance sheet heavy with more than $41.5 million in debt and difficulty in funding its continued operations forced it to file for Chapter 11 protections in Delaware.

  • May 07, 2024

    85 Lawmakers Join Chorus Opposing Space Force Transfers

    A bipartisan group of 85 federal lawmakers on Tuesday joined all 50 state governors in opposing a proposal to allow Air National Guard units to be transferred to the U.S. Space Force without gubernatorial approval, arguing the measure would undermine "the integrity and longstanding mission of the National Guard."

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

    Author Photo

    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

    Author Photo

    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • 3 Pointers From Tilton Case To Help Win Advancement Suits

    Author Photo

    The Delaware Superior Court’s refusal to let Lynn Tilton sue her advancers for legal fees, ruling she had not yet attempted to negotiate in good faith, suggests that policyholders may fare better if they attempt proactive strategies to narrow disputes over advancement agreements before taking their insurers to court, says Evan Bolla at Harris St. Laurent.

  • Charting The Course For Digital Assets In 2024

    Author Photo

    Although 2023 was a tough year for the digital asset industry, upcoming court decisions, legislation and regulatory action will bring clarity, allowing the industry to expand and evolve, and the government will decide what innovation it will allow without challenge, says Joshua Smeltzer at Gray Reed.

  • Law Firm Strategies For Successfully Navigating 2024 Trends

    Author Photo

    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

    Author Photo

    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • 5 Most Notable Class Action Standing Cases Of 2023

    Author Photo

    Key appellate class action decisions this past year continued the trend of a more demanding approach to the threshold issue of standing during each phase of litigation, say attorneys at MoFo.

  • Attorneys' Busiest Times Can Be Business Opportunities

    Author Photo

    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

    Author Photo

    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Del. Dispatch: The 2023 Corporate Cases You Need To Know

    Author Photo

    Corporate and mergers and acquisitions litigation has continued at a fevered pace this year, with the Delaware courts addressing numerous novel issues with important practical implications, including officer exculpation and buyer aiding-and-abetting liability, say attorneys at Fried Frank.

  • How Attorneys Can Be More Efficient This Holiday Season

    Author Photo

    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • The 4 Top Philadelphia Commerce Court Opinions Of 2023

    Author Photo

    Four 2023 rulings from the Philadelphia County Court of Common Pleas — including decisions on judicial privilege, stay requests, sheriff's sales and the appointment of a receiver — highlight the court's commitment to stringent standards and address evolving challenges in commercial litigation, say Jonathan Hugg and Sarah Boutros at Eckert Seamans.

  • Understanding Advance Notice Bylaws Is Key For All Parties

    Author Photo

    Recent developments in Delaware case law show that advance notice bylaws will be strictly construed and that Delaware courts will generally uphold clear, unambiguous bylaws adopted and applied reasonably, a lesson for both companies and stockholders alike as the number of companies rejecting director nominations by dissident stockholders has increased, say attorneys at MoFo.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

    Author Photo

    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • Del. Ruling Shows Tension Between 363 Sale And Labor Law

    Author Photo

    The Delaware federal court's ruling in the Braeburn Alloy Steel case highlights the often overlooked collision between an unstayed order authorizing an asset sale free and clear of successor liability under Section 363 of the Bankruptcy Code and federal labor law imposing successor liability on the buyer, say attorneys at Proskauer.

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!