Delaware

  • April 30, 2025

    ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit

    The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.

  • April 30, 2025

    Del. Judge Won't Let MSN Fight Entresto Orange Book Entry

    A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.

  • April 30, 2025

    Del. Justices Mull 'Deemed' Phrase In AMC Stock Dilution Suit

    The meaning of "deemed to be issued" was the focus of a Wednesday hearing before the Delaware Supreme Court in a case involving AMC and preferred stockholders who say their shares' value was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.

  • April 30, 2025

    Trade Desk Sued In Del. For Docs On Nevada Move

    A stockholder of formerly Delaware-chartered branding and marketing venture The Trade Desk Inc. sued on Wednesday in the First State's Court of Chancery for access to company records, citing concerns that the business rechartered in Nevada to derail challenges to its dual-class share structure.

  • April 30, 2025

    Akoustis Gets OK For $30M Sale To SpaceX Subsidiary

    A Delaware bankruptcy judge has approved a $30 million sale of some of the assets of radio frequency filter maker Akoustis Technologies to a SpaceX subsidiary after the debtor reached an agreement with a competitor that had concerns about trade secrets possibly being sold.

  • April 30, 2025

    3rd Circ. Preview: NJ To Defend ICE Contractor Law In May

    The Third Circuit's argument lineup for May will see the state of New Jersey defend a law barring its immigration detention centers from contracting with U.S. Immigration and Customs Enforcement, while Rutgers University seeks to keep its victory over claims it falsely inflated its business school's ranking.

  • April 30, 2025

    Activant Unit Seeks $7.5M Fee After $37M Bolt Suit Win

    An Activant Capital Group fund has petitioned Delaware's Court of Chancery to approve a $7.5 million company-paid corporate benefit fee, citing a successful battle for cancellation of more than $37 million in Bolt Financial Group shares held by a controller who defaulted on a more-than $30 million company-guaranteed loan.

  • April 30, 2025

    PTAB Axes AbbVie Unit's Cancer Drug Patent As Invalid

    The Patent Trial and Appeal Board has found claims in a patent owned by AbbVie's Pharmacyclics unit related to its cancer drug Imbruvica were invalid, the latest in a larger intellectual property fight with BeiGene.

  • April 30, 2025

    3rd Circ. Sides With Pa. Transit Agency In Race Bias Suit

    The Third Circuit on Wednesday upheld a Pennsylvania public transportation authority's defeat of a Black employee's lawsuit alleging she was given lower raises than white colleagues and transferred to a different department when she complained, saying she hadn't provided enough evidence to sustain her claims.

  • April 30, 2025

    McDonald's Operator Loses Assault Suit Coverage Appeal

    Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.

  • April 29, 2025

    FTX Ch. 11 Trust Asks To Keep Customer Info Confidential

    In a just-under-the-wire move, the FTX bankruptcy recovery trust has sought a seventh extension for a mid-2023 ruling by the U.S. Bankruptcy Court for the District of Delaware allowing confidential treatment of its 9 million customers' information, citing the data's continued value to the estate.

  • April 29, 2025

    Chancery Ruling In Fox News Case Raises Experts' Eyebrows

    Experts are questioning a Delaware Chancery Court order for review of a Fox Corp. director's independence in a suit seeking recoveries for 2020 election-tied defamation damages, raising the potential for the suit's dismissal four months after a different jurist on the same court moved the case toward trial.

  • April 29, 2025

    2 Dozen States Say DOGE Can't 'Dismantle' AmeriCorps

    Two dozen states and the District of Columbia filed a lawsuit on Tuesday challenging layoffs and $400 million in funding cuts to the national volunteer agency AmeriCorps, alleging the Trump administration is trampling over Congress' authority by trying to dismantle the agency.

  • April 29, 2025

    Chicken Joint Sticky's Gets $2M Sale After Turnaround Woes

    Chicken restaurant Sticky's won a Delaware bankruptcy judge's tentative permission Tuesday to sign a contract to sell its assets to an investment fund for $2 million after surging poultry prices and New York City's congestion pricing program imperiled the company's Chapter 11 turnaround plan.

  • April 29, 2025

    3rd Circ. Denies Post-Gazette Bid To Tweak Benefits Order

    The publisher of the Pittsburgh Post-Gazette can't get the Third Circuit to clarify or tweak an order to put its newsroom employees back on their old health insurance plan, despite concerns from the newspaper company that it may not have been eligible to reenroll them in the plan and would rather go back to bargaining instead.

  • April 28, 2025

    Feds' Bid To Spring False Biden Accuser Shot Down By Judge

    A California federal judge rejected a request Monday by prosecutors to release a former FBI informant imprisoned for lying to federal agents that former President Joe Biden accepted bribes, saying he does not agree the court made a mistake at sentencing that should result in his release pending appeal.

  • April 28, 2025

    3rd Circ. Won't Rethink Teamsters Fund's Win In $39M Row

    The Third Circuit won't give a group of dairy businesses a second chance to prevent a Teamsters union pension fund from suing them and their affiliates to enforce a $39 million settlement, the court announced Monday.

  • April 28, 2025

    Chinese Cos. Lose Immunity Fight In 9th Circ. IP Case

    The Ninth Circuit on Monday shot down arguments from related Chinese steel companies that they shouldn't have to face espionage charges that they stole DuPont trade secrets for creating titanium dioxide, saying they aren't protected by foreign sovereign immunity.

  • April 28, 2025

    Chancery OKs Shortcut For Derivative Fox Suit

    A Delaware vice chancellor late Monday approved an unprecedented Fox Corp. call for a targeted summary judgment proceeding focused on a single Fox director's independence after a different jurist rejected, in November, dismissal of the suit, which seeks hundreds of millions of dollars in defamation damages in connection with broadcasts of bogus 2020 election claims.

  • April 28, 2025

    Imerys Halts Ch. 11 Trial Over Foreign Claimant Issues

    Bankrupt talc suppliers Imerys Talc America and Cyprus Mines Corp. and parties supporting their Chapter 11 plan to deal with asbestos injury claims unexpectedly announced Monday they wanted to halt the plan confirmation proceedings, following more than four days of evidence, citing issues surrounding the treatment of foreign claims against the debtors.

  • April 28, 2025

    Mobile Comm Co. Sued For Docs In Del. Ahead Of Board Vote

    Two Sonim Technologies Inc. corporate stockholders have accused the mobile communications tech company of weaponizing board nomination rules "purely for entrenchment" of incumbents, in a Delaware Court of Chancery suit and preliminary injunction bid filed ahead of an upcoming annual meeting and takeover fight.

  • April 28, 2025

    Google Claims Row Delays Dormify's Ch. 11 IP Asset Sale

    A dispute over a $600,000 claim from Google led bankrupt dorm room furnishing retailer Dormify Inc. to delay approval of a sale of its intellectual property assets to Williams-Sonoma Inc. Monday to give the debtor time to resolve the conflict.

  • April 28, 2025

    Nikola Seeks Court OK For $9M Climate-Credit Sale Process

    Electric truck maker Nikola Corp. has asked a Delaware bankruptcy judge to approve a sale process for environmental credits the company earned by selling zero-emission vehicles, saying it has secured an $8.97 million bid that will set a floor price for the assets.

  • April 28, 2025

    Chancery Tosses Palantir Suit Targeting Direct Sale Gains

    Observing that corporate insiders can't be penalized for profiting from public information, a Delaware vice chancellor has thrown out a derivative suit filed by Palantir Technologies stockholders accusing the private company's directors and officers of unfairly profiting from direct-to-market stock sales without taking the company public.

  • April 28, 2025

    'Chicken Soup' Parent, Investor Settle Mismanagement Suit

    Chicken Soup for the Soul Holdings LLC has reached a settlement with a corporate investor that accused the Redbox owner and publisher of self-help books of mismanagement prior to a subsidiary's Chapter 7 liquidation.

Expert Analysis

  • 'Minimal Participant' Bar Is Tough To Clear For Whistleblowers

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    Under the U.S. Department of Justice’s corporate whistleblower pilot program, would-be whistleblowers will find it tough to show that they only minimally participated in criminal misconduct while still providing material information, but sentencing precedent shows how they might prove their eligibility for an award, say attorneys at MoloLamken.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • The Prospects Of Pa. Gaining Its Own Antitrust Law After 2024

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    In the only state that does not have its own antitrust law, Pennsylvania's business community's strong opposition to the Pennsylvania Open Markets Act signals a rough road lies ahead for passage of the bill after Republicans retained a narrow majority in the state Senate, say attorneys at BakerHostetler.

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

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    The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • AV Compliance Is Still A State-By-State Slog — For Now

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    While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

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    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Federal Embrace Of Crypto Regs Won't Lower State Hurdles

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    Even if the incoming presidential administration and next Congress focus on creating clearer federal regulatory frameworks for the cryptocurrency sector, companies bringing digital asset products and services to the market will still face significant state-level barriers, say attorneys at Mayer Brown.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

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