Delaware

  • September 08, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.

  • September 08, 2025

    Court Says Claim For Coverage Declaration Is Untimely

    A wiring manufacturer demanding coverage from a Nationwide unit for nearly $32 million in outstanding defense costs over claims it violated federal bribery and accounting laws filed its claim for declaratory judgment too late, a Delaware federal court ruled, pointing to the state's three-year statute of limitations for contract-related actions.

  • September 08, 2025

    Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told

    The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.

  • September 08, 2025

    Dems Again Ask NY Ethics Body To Investigate Bove

    Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.

  • September 08, 2025

    Delaware Powerhouse: Richards Layton

    Richards Layton & Finger PA's office renovation, its key role in updating Delaware's corporate law and its ability to step up on everything from bankruptcy to intellectual property to trials to transactions have made it a standout firm in the First State.

  • September 08, 2025

    Tracking The Copyright Fights Between Creators And AI Cos.

    In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.

  • September 08, 2025

    3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit

    The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.

  • September 05, 2025

    Stewart Tackles Markets, Injunctions In Newest PTAB Reviews

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.

  • September 05, 2025

    Near Ch. 11 Litigation Trustee Sues MobileFuse In Del.

    A litigation trustee for bankrupt data analytics company Near Intelligence Inc. has sued New York-based digital ad company MobileFuse LLC in the U.S. Bankruptcy Court for Delaware, alleging a multiyear circular payment conspiracy that cost Near more than $50.7 million.

  • September 05, 2025

    Real Estate Recap: Investor Power Plays

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what attorneys have been seeing when it comes to the power dynamic between fund managers and their investors.

  • September 05, 2025

    Judge Doubts DOE Stance On Ending Mental Health Grants

    A Seattle federal judge hinted on Friday that 16 states have valid claims against the U.S. Department of Education for arbitrarily discontinuing mental health funding for public schools, expressing frustration with the federal government's argument that it could terminate grant funding the same way it could fire a landscaper under contract.  

  • September 05, 2025

    Sierra Club Looks To Secure Border Wall Settlement Funds

    The Sierra Club and a nonprofit ally asked a California federal judge to order the Trump administration to preserve at least $50 million of border wall construction funds to pay for environmental projects required by a settlement struck with the Biden administration.

  • September 05, 2025

    Merck Shakes Off Some Claims From Cholesterol Drugs Suit

    A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.

  • September 05, 2025

    3rd Circ. Affirms Feds' Primacy Over Pa. Grid Project

    The Third Circuit ruled in a precedential decision on Friday that the Pennsylvania Public Utility Commission's blocking of a transmission line project in the state was unconstitutional because it hampered federal objectives, affirming a lower court's ruling that the commission lacked the authority to halt construction.

  • September 05, 2025

    Nikola Ch. 11 Plan OK'd Despite Founder's Pardon Objection

    A Delaware bankruptcy judge Friday approved the Chapter 11 plan of electric-truck maker Nikola Corp., overruling an objection from the company's former CEO that was tied to his treatment under the plan and a pardon issued by President Donald Trump.

  • September 05, 2025

    3rd Circ. Backs Jailing Supervised Release Violators

    The Third Circuit ruled in a published opinion issued Friday that federal district judges have the power to send criminal defendants back to prison while they await a hearing on whether they violated the terms of their supervised release.

  • September 05, 2025

    Tesla Proposes Making Musk The Trillion-Dollar Man

    Texas-based Tesla on Friday proposed a pay package for CEO Elon Musk that could earn him a trillion dollars' worth of stock, if he meets certain corporate objectives over the next decade. It is believed to be the first trillion-dollar corporate compensation package in history.

  • September 05, 2025

    Delaware Powerhouse: Pachulski Stang

    The robust roster of seasoned bankruptcy professionals at Pachulski Stang has kept it on the leading edge of Delaware's insolvency industry as it continues to represent an array of clients, including debtors Yellow Corp., Sientra Inc. and Synthego Corp., and creditors for Village Roadshow, Weight Watchers and 99 Cents Only.

  • September 05, 2025

    3rd Circ. Says Atty Needs Client OK To Admit Crime Elements

    The Third Circuit has upheld a New Jersey man's conviction for unlawfully possessing a firearm as a felon, ruling that his lawyer could not admit part of the crime on his behalf when the client himself objected.

  • September 05, 2025

    CEO's Alleged Threat After Records Demand Prompts Del. Suit

    A major stockholder and officer of a health risk software venture who reported receiving a threatening reply from the company's CEO when he requested records has sued for the documents in Delaware's Court of Chancery, saying the earlier request was otherwise ignored.

  • September 04, 2025

    18 States Fight Trump Admin's Bid To End Haitian Protections

    A coalition of 18 states led by Massachusetts, California and New York has thrown its weight behind immigrants challenging the Trump administration's effort to remove temporary protected status for more than 250,000 Haitians in D.C. federal court, arguing TPS-eligible Haitians contribute $4.4 billion annually to the U.S. economy.

  • September 04, 2025

    Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal

    A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.

  • September 04, 2025

    Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees

    The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.

  • September 04, 2025

    Hedge Fund Shareholders Push To Dismiss $300M Asset Suit

    A derivative lawsuit from shareholders who allege that leaders of an investment fund allowed an exchange of over $300 million in diversified assets for "worthless" illiquid equity considers a novel issue of Delaware law and should be dismissed without prejudice, counsel for the shareholders told the North Carolina Business Court on Thursday at a hearing.

  • September 04, 2025

    GSK Adds Moderna's New COVID Vaccine To Del. IP Suit

    GlaxoSmithKline Biologicals is broadening its patent infringement suit against Moderna Inc. to include the latter's new family of COVID-19 vaccines, mNEXSPIKE.

Expert Analysis

  • Perspectives

    Accountant-Owned Law Firms Could Blur Ethical Lines

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    KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.

  • AI Will Soon Transform The E-Discovery Industrial Complex

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    Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.

  • When Innovation Overwhelms The Rule Of Law

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    In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.

  • Losing A Motion To Dismiss Ruling Isn't Necessarily The End

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    A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.

  • Imagine The Possibilities Of Openly Autistic Lawyering

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    Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.

  • Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits

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    The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.

  • 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.

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