Delaware

  • March 14, 2025

    ITC To Review Toolmaker's Fish Tape, Safety Helmet Products

    The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.

  • March 14, 2025

    Canadian Accounting Service Co. Hits Ch. 15 With Sale Plan

    Vancouver-based accounting and financial services firm Bench Accounting Inc. has filed a Chapter 15 recognition in a Delaware bankruptcy court with approximately $51.5 million in liabilities and $5.1 million in assets, asking a U.S. bankruptcy court to approve a plan to sell all its assets.

  • March 13, 2025

    Trump Asks Justices To Limit Pauses Of Birthright Order

    President Donald Trump asked the U.S. Supreme Court on Thursday to limit three nationwide court orders prohibiting the implementation of his executive order aimed at limiting birthright citizenship, arguing that the coast-to-coast injunctions upended the judicial process and are trying to micromanage the executive branch.

  • March 13, 2025

    Judge Won't Toss $35M Ch. 11 Bank Fee Clawback Lawsuit

    A Delaware bankruptcy judge has denied a summary judgment bid to dismiss a lawsuit alleging that an $1.8 billion loan set medical testing company Millennium Laboratories on course for its 2015 Chapter 11.

  • March 13, 2025

    Host Co. Can't Force Bitcoin Miner From Pa. Property, For Now

    A western Pennsylvania bitcoin mining venture won a temporary restraining order in Delaware's Court of Chancery Thursday in a ruling that barred a hosting company from continuing to use or block access to more than 20,000 mining systems that had been installed for the tenant operation.

  • March 13, 2025

    Judge Hits 'Reset Button' In 3M, DuPont PFAS Cleanup Case

    New Jersey's environmental regulators have tried to force EIDP and DuPont Chemours to begin remediation efforts on "forever chemical" contamination at a former facility in Salem County — which is at the center of ongoing litigation — a move that seemingly undermined a federal judge's authority and put in jeopardy a looming May trial date.

  • March 13, 2025

    Amid Del. Corporate Law Overhaul Push, Texas Turns Up Heat

    As Delaware lawmakers advance changes to the state's general corporation law — aimed in part at stopping companies from moving their corporate charters — they are facing increased pressure from their counterparts in Texas, where legislation appears to be on a fast dash in an attempt to convince more businesses to make it their legal home.

  • March 13, 2025

    Del.'s Divisive Corporate Law Rework Passes In State Senate

    Divisive amendments to Delaware's general corporation law cleared the state Senate Thursday with multiple questions but little debate and without dissenting votes, and will now be sent to the House amid warnings that failure to approve could weaken the state's standing as a top corporate charter hub.

  • March 13, 2025

    Insurers Must Cover Real Estate Cos. In False Claims Dispute

    A pair of directors and officers insurers must provide coverage to real estate holding companies in an underlying False Claims Act whistleblower action, a Delaware Superior Court judge ruled, finding that a breach of contract exclusion does not bar coverage.

  • March 13, 2025

    States Sue To Halt Cuts At Education Dept.

    A group of 21 Democratic attorneys general sued the Trump administration Thursday in an effort to halt mass layoffs at the Department of Education, calling it an illegal move that will wreak havoc on states' educational systems.

  • March 12, 2025

    Del. Justices Told Conflicts Tainted AstraZeneca Co.'s $3B Sale

    A stockholder class attorney told Delaware's Supreme Court on Wednesday that a vice chancellor never addressed the undisclosed conflicts cited in a Court of Chancery suit accusing AstraZeneca PLC of lining up a conflicted, underpriced $3 billion sale of clinical stage biopharmaceutical venture Viela Bio Inc.

  • March 12, 2025

    Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto

    Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.

  • March 12, 2025

    Tech Mahindra Urges Justices To Nix White Worker's Bias Suit

    Tech Mahindra asked the U.S. Supreme Court to review a Third Circuit's ruling reviving a proposed class action claiming the information technology company favored South Asian employees, arguing it deepened a circuit split by greenlighting a case that should have been time-barred.

  • March 12, 2025

    Bitcoin ATM Co. Wants TRO Over Unplugged Machines

    A bitcoin ATM operator has asked the Delaware Chancery Court to issue a temporary restraining order against a Midwest grocery store chain for allegedly unplugging and covering up ATMs at more than 60 locations, in violation of operating agreements between the parties.

  • March 12, 2025

    Del. Senate Panel Sends Corp. Law Overhaul To Full Chamber

    Delaware legislation that could narrow stockholder opportunities to sue state-chartered corporations for fiduciary duty breaches or access to books and records moved to the state's full Senate on Wednesday after a less than 90-minute committee hearing that leaned toward the bill's supporters.

  • March 12, 2025

    Del. Justices Uphold LG Co.'s Loss In Firing Challenge

    Delaware's top court has backed a Chancery Court ruling that Alphonso Inc., a TV data company majority-owned by an LG subsidiary, was not permitted to push out five co-founders.

  • March 12, 2025

    Judge Blocks Order Limiting Perkins Coie Government Access

    A D.C. federal judge on Wednesday halted enforcement of the Trump administration's executive order against law firm Perkins Coie LLP that cited issues including its representation of Hillary Clinton during her 2016 presidential run, calling the order "viewpoint discrimination, plain and simple."

  • March 11, 2025

    Musk Opens Del. Appeal To Recover $56B In Tesla Pay

    Elon Musk on Tuesday launched his Delaware Supreme Court appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the celebrity CEO.

  • March 11, 2025

    Rising Caseloads Call For 71 New Judges: Judicial Conference

    The Judicial Conference of the United States on Tuesday asked Congress to create dozens of new judgeships in districts across the country in an effort to address what it calls a "worsening shortage" of judges amid mounting caseloads, months after then-President Joe Biden vetoed a bill to add 63 new permanent judgeships over partisan concerns.

  • March 11, 2025

    J&J Tells 3rd Circ. No Price Impact In Talc Concealment Suit

    Johnson & Johnson urged the Third Circuit on Tuesday to undo class certification of investor claims that the company inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, arguing that the investors could not have relied upon its alleged misrepresentations because there was no impact on the stock market's price.

  • March 11, 2025

    Weapons Check Co. Sued In Del. After Hyped Reports, Probes

    A shareholder of weapons screening system developer Evolv Technologies fired off a derivative suit on the company's behalf in Delaware's Court of Chancery late Monday, seeking recovery of damages arising from allegedly hyped marketing of flawed, artificial intelligence-enabled systems that failed to meet threat detection claims.

  • March 11, 2025

    Netflix Gets 'Surviving R. Kelly' Libel Suit Tossed, For Now

    Netflix Inc. and Lifetime Entertainment Services won dismissal Tuesday of a defamation lawsuit alleging the latest iteration of their hit documentary series "Surviving R. Kelly" defamed a former assistant to the now-imprisoned R&B singer, although a Delaware federal judge gave the plaintiff another shot at pleading actual malice.

  • March 11, 2025

    BigLaw Firms Join To Support Del. Corporate Law Changes

    Twenty-one law firms with Delaware corporate practices have jointly endorsed pending state legislation, S.B. 21, that aims to narrow stockholder avenues for challenging corporate acts and clarify the definition of company controllers.

  • March 11, 2025

    A Brief Look At Delaware's Divisive Corporate Law Bill

    Delaware state Senate Bill 21, up for a Judiciary Committee vote on Wednesday, overturns some provisions of landmark state Supreme Court rulings, from Kahn v. M&F Worldwide Corp. in 2014 to In re Match Group a decade later, which call for plaintiff-friendly entire fairness review for controller transactions.

  • March 11, 2025

    1st Circ. Upholds Block On Trump's Birthright Citizenship Order

    The First Circuit on Tuesday refused to disturb a Massachusetts federal judge's ruling that blocked the Trump administration's move to end birthright citizenship, rejecting the government's claim that states suing over the policy lacked standing.

Expert Analysis

  • Series

    Documentary Filmmaking Makes Me A Better Lawyer

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    Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.

  • Litigation Funding Disclosure Debate: Strategy Considerations

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    In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.

  • Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger

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    The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.

  • 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.

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