Delaware

  • September 26, 2025

    States Sue HHS For Order Erasing Gender Ideology In Sex Ed

    More than a dozen state attorneys general sued the U.S. Department of Health and Human Services in Oregon federal court Friday, accusing it of violating the Administrative Procedure Act by threatening to revoke grant funding for teen sexual health education unless they eliminate language concerning "gender ideology" from their program materials.

  • September 26, 2025

    CareDx Asks 3rd Circ. To Rethink $45M False Ad Case

    Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • September 26, 2025

    Del. Suit Alleges Fast-Break Betrayal In NBA Team Bid Plan

    RAJ Sports Holdings LLC is accusing co-CEOs of Panda Express and their family trust of breaching an exclusivity and confidentiality agreement by exiting a nearly completed deal to buy the NBA's Portland Trail Blazers and joining forces with another multibillion-dollar bidder.

  • September 26, 2025

    Dr. Evil Gets Brief Callout In Del. Take-Public Merger Suit

    Attorneys for a blank-check company that claimed at least $30 million in damages in Delaware's Court of Chancery after an alleged take-public merger breach on Friday branded the accused breacher's $2.1 billion counterclaim as being "worthy of Dr. Evil in the 'Austin Powers' movies."

  • September 26, 2025

    Cellectis, AstraZeneca Face IP Suit From Cell Engineering Co.

    A cell engineering company sued pharmaceutical giant Cellectis Inc. on Friday, claiming it had used patented gene-editing protein research technology and purported to license it for use to AstraZeneca.

  • September 26, 2025

    DC Circ. Won't Stop FDA From Approving Entresto Generic

    The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.

  • September 26, 2025

    Insurers Must Defend Tech Co. Against Rival's Patent Suit

    Insurers for a logistics technology company must defend the company against claims that it stole a rival's technology and marketing strategy, a Delaware state court ruled, finding that the policies' "prior and pending litigation" exclusion does not bar coverage.

  • September 26, 2025

    Operator Of NBA's Suns Says Doc Suit Is For Buyout Leverage

    Phoenix Suns franchise operator Suns Legacy Holdings LLC has pushed back in Delaware Chancery Court against two minority owners seeking access to company records, responding that the demands are aimed at pressuring a higher-priced buyout from the NBA team's majority owner, Mat Ishbia.

  • September 26, 2025

    Judge Won't Overturn $57M Midwest Energy Win In IP Fight

    A Delaware federal magistrate judge has refused to disturb a jury's finding that numerous affiliated companies willfully infringed Midwest Energy Emissions Corp. patents on technology for refining coal to reduce mercury in emissions from power plants, leaving in place a $57 million verdict.

  • September 25, 2025

    $8.9B Deal For Health Tech R1 RCM Draws Del. Chancery Suit

    Four stockholders of healthcare revenue management venture R1 RCM Inc. challenged the company's take-private deal in Delaware's Court of Chancery Thursday, alleging that the private equity and allies who won the $8.9 billion, November transaction lined up an unfairly low, $14.30 per share price.

  • September 25, 2025

    FTC, 19 States Halt Cancer Charity Scheme

    A car donation charity that raised more than $45 million meant for breast cancer screenings agreed Thursday to an injunction barring future charity fundraising to end an enforcement action by the Federal Trade Commission and a coalition of 19 states over misappropriated donation funds.

  • September 25, 2025

    Boeing Asks Chancery To Ground 737 Max Derivative Suit

    Boeing Co. wants the Delaware Chancery Court to throw out a derivative lawsuit that accuses the company's leadership of ignoring safety risks in the wake of a January 2024 incident in which a door plug flew off one of its 737 Max planes.

  • September 25, 2025

    AmTrust Investor Suits Fall Outside Excess Policy, Court Says

    A Liberty Mutual unit that provided excess directors and officers coverage to AmTrust Financial Services Inc. owed no coverage for shareholder actions over the company's valuation of life settlement contracts and other accounting matters, a Delaware federal court ruled, finding the claims fell within an earlier coverage tower.

  • September 25, 2025

    Full Fed. Circ. Won't Reconsider IPR Estoppel Decision

    The full Federal Circuit on Thursday rejected a rehearing petition from Ioengine LLC, which was appealing the invalidation of its flash drive patents in a case that set precedent on estoppel.

  • September 25, 2025

    Avon Gets Ch. 11 Plan Approved

    A Delaware bankruptcy judge has confirmed Avon's Chapter 11 plan a few days after verbally agreeing to approve it.

  • September 25, 2025

    3rd Circ. Won't Revive Debt Collection Suit Against NJ Firm

    The Third Circuit rejected a bid Thursday from a woman suing Cohn Lifland Pearlman Herrmann & Knopf LLP to revive her proposed class action over allegedly unfair debt collection practices after a federal trial court ruled that she filed her suit too late.

  • September 25, 2025

    Trump SPAC Ex-CEO Wins $1.5M Legal Fee Advance In Del.

    Saying the court was wary of second-guessing attorney judgment in legal fee advancement billings, a Delaware magistrate in chancery has rejected most challenges to $1.5 million in fee claims by a former CEO of Donald Trump-tied blank check company Digital World Acquisition Corp.

  • September 24, 2025

    DHS Barred From Tying Disaster Aid To Immigration Agenda

    The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.

  • September 24, 2025

    Skechers Investor Seeks Chancery Appraisal Of $9.4B Deal

    A Skechers shareholder is asking the Delaware Chancery Court for an appraisal to determine the fairness of the $63-per-share buyout price of nearly 700,000 shares in the footwear company after its $9.4 billion take-private deal with 3G Capital.

  • September 24, 2025

    Judge Denies Tron Founder's Bid To Block Bloomberg Report

    A Delaware federal judge declined to direct Bloomberg LP to remove reporting about Justin Sun's crypto holdings for now in an opinion that said he remains unconvinced the media outlet made any promise of confidentiality to the Tron founder.

  • September 24, 2025

    Del. Justices Uphold $10.5B Zendesk Take-Private Deal

    Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.

  • September 24, 2025

    Chancery OKs TRO In Marshall Wace-Lukka Financing Battle

    Affiliates of British hedge fund Marshall Wace LLP won a Delaware Court of Chancery temporary restraining order Wednesday barring crypto data provider Lukka Inc. from completing, pending trial, a new "cram-down, pay-to-play" convertible note financing that would supersede current liquidation preferences and voting rights currently more favorable to MW's Lukka stake.

  • September 24, 2025

    Olo Investor Sues For Records On $2B Thoma Bravo Deal

    A hedge fund has filed a books and records demand against a restaurant software company in Delaware Chancery Court, hoping to investigate whether the stock price in its $2 billion merger with Thoma Bravo was fair and threatening a potential appraisal action.

  • September 24, 2025

    Judge Says No Dispute Exists In Video File Licensing Case

    A Delaware federal judge has granted dismissal to DivX LLC in a case brought by a former business ally who was seeking a declaration that it didn't run afoul of a licensing agreement between the two, saying the court has no jurisdiction in the matter.

  • September 24, 2025

    States Say Ed Dept. Must Face Suit Over Mental Health Cuts

    A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.

Expert Analysis

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • And Now A Word From The Panel: Choosing MDL Venues

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    One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Courts Keep Upping Standing Ante In ERISA Healthcare Suits

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    As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

  • Rare Del. Oversight Ruling Sends Governance Wake-Up Call

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    An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Rebutting Price Impact In Securities Class Actions

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    Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Resilience Planning Is New Key To Corporate Sustainability

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    While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

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