Delaware

  • April 10, 2025

    Cantor Fitzgerald, Lutnick Beat BGC Stockholder Suit In Del.

    A claim misclassification doomed a stockholder suit accusing Cantor Fitzgerald LP and former BGC Partners CEO Howard Lutnick — now U.S. commerce secretary — of lining up unfair terms when BGC went public in 2023 in a deal that diluted its minority shareholders, a Delaware vice chancellor ruled on Thursday.

  • April 10, 2025

    Del. Justices Urged To Revive Gellert Seitz Malpractice Case

    A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.

  • April 09, 2025

    Dominion Wins Defamation Claim In Mixed Newsmax Ruling

    A Delaware Superior Court judge on Wednesday agreed with Dominion Voting Systems that Newsmax made false and defamatory statements that the voting machine company rigged the 2020 election in favor of former President Joe Biden, but ruled a jury would have to determine whether those statements were made with malice.

  • April 09, 2025

    House Approves Bill To Restrict Nationwide Injunctions

    The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.

  • April 09, 2025

    Chancery Lets Paramount Investors Probe Skydance Deal

    Delaware's top Chancery magistrate said Wednesday that Paramount Global stockholders probing the company's proposed $8 billion Skydance Media merger can have access to dozens of documents, but kept sealed further details in a transcript of a hearing closed to the public for at least five additional days.

  • April 09, 2025

    2nd Circ. Doubtful Of Push To Thaw Assets For Debt Relief Biz

    A Second Circuit panel seemed unconvinced Wednesday by a debt relief network's argument that the rule federal and state enforcers invoked to shut it down didn't apply because the targeted business practices included in-person interactions, with two judges noting that the home visits followed phone conversations where the actual selling was likely made.

  • April 09, 2025

    Cross & Simon OK'd To Duck Out Of Team Systems Ch. 7 Suit

    A Delaware bankruptcy judge on Wednesday approved law firm Cross & Simon LLC's request to withdraw as counsel to former Team Systems International executives in an adversary case brought by the insolvent government contractor's Chapter 7 trustee.

  • April 09, 2025

    Twitter Seeks To Strike Arbitrations In Severance Fight

    Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.

  • April 09, 2025

    Del. Justices Grapple With 'Knowability' In Stock Sale Appeal

    Delaware's chief justice said Wednesday the court recognized the seeming unfairness in a stockholder's bid against dismissal of his court challenge to a state sale of tech company shares as long-abandoned property, but cautioned that commercial interests need certainty in their markets.

  • April 09, 2025

    Religious Mission Justifies Philly Injection Site, 3rd Circ. Told

    Counsel for a nonprofit seeking to open a safe injection site in Philadelphia told the Third Circuit Wednesday that it qualified as a religious organization immune from prosecution, despite not having any spiritual language in its incorporation documents.

  • April 09, 2025

    GameStop Customer Wants 'Boring' Browsing To Stay Private

    GameStop Inc.'s use of third-party software to record customers' online browsing violates Pennsylvania's wiretap law, even if the data collected isn't sensitive or traceable to a particular person, a proposed class representative told the Third Circuit during an oral argument Wednesday.

  • April 09, 2025

    Paper Towel Maker For Trader Joe's, Aldi Files For Ch. 11

    Arizona-based Royal Interco LLC, which supplies private-label paper products for grocery chains including Trader Joe's, Whole Foods, Kroger and Aldi, filed for Chapter 11 protection in Delaware, saying it has $205 million in outstanding secured debt and a stalking horse bid to acquire the company for $126 million.

  • April 08, 2025

    Crypto Investor Sues In Del. Alleging $16M Pump, Dump Loss

    Cayman Islands-registered cryptocurrency venture Hash Asset Management Ltd. sued two other crypto entities and four individuals in Delaware's Court of Chancery on Tuesday, alleging a "pump and dump" scheme that saw more than $16 million allegedly siphoned away in violation of token deposit and lending agreements.

  • April 08, 2025

    Univ. Of The Arts Gets Last Ch. 7 Property Sale Approved

    Philadelphia's University of the Arts received the Delaware bankruptcy court's approval Tuesday for its sale of an historic building, the seventh and final real estate sale in the defunct school's Chapter 7 case.

  • April 08, 2025

    Medicare Drug Price Plan Tramples Constitution, 3rd Circ. Told

    New Jersey federal court rulings preserving the Centers for Medicare & Medicaid Services' ability to negotiate prices with drug companies should be overturned on constitutional grounds, pharmaceutical giants Novo Nordisk and Novartis told the Third Circuit during oral arguments Tuesday.

  • April 08, 2025

    Warner Bros. Wants Rights Protected In Film Co. Ch. 11 Sale

    Warner Bros. has objected to the proposed Chapter 11 bidding procedures and debtor-in-possession financing of bankrupt Village Roadshow, asking the court to protect its rights to more than 90 films the parties co-produced and keep its cut of the proceeds ahead of other creditors.

  • April 08, 2025

    MSP Recovery Sued For Docs In Del. After $33B SPAC Dispute

    A stockholder of healthcare data analytics company MSP Recovery has demanded the company turn over books and records over allegations that it admitted to financial difficulties and federal investigations shortly after finalizing a $32.5 billion blank-check merger nearly three years ago.

  • April 08, 2025

    True Value Gets OK For Post-Sale Ch. 11 Plan

    A Delaware bankruptcy judge said she would approve hardware store supplier True Value Co.'s Chapter 11 plan, which will distribute the proceeds of its $153 million sale to stalking horse bidder Do It Best.

  • April 08, 2025

    Hyzon Motors Steers Into ABC In Chancery After Subsidy Cuts

    Global hydrogen fuel cell truck maker Hyzon Motors Inc. sought Delaware Court of Chancery jurisdiction Monday over assignment of company assets for the benefit of creditors, after a string of setbacks for the clean energy venture, including stock exchange delisting, government subsidy losses and a plant shutdown in China.

  • April 08, 2025

    In Trump Order Against Perkins Coie, GCs See Harm For Cos.

    Nearly 70 current and former general counsel for companies including Apple Inc. and Starbucks filed an amicus brief Tuesday supporting Perkins Coie LLP in its suit against an executive order from President Donald Trump targeting the firm, saying the order "tramples on corporate independence, the right to counsel, and First Amendment rights."

  • April 08, 2025

    Fed. Circ. Affirms Alkem's Generic Antibiotic Not Barred By IP

    A Delaware federal court rightly found that Alkem Laboratories' generic version of Azurity Pharmaceuticals' antibiotic Firvanq doesn't infringe the latter's patent, the Federal Circuit said Tuesday.

  • April 07, 2025

    Torrent Seeks Arbitration In Drug Commercialization Fight

    A subsidiary of Indian multinational company Torrent Pharmaceuticals is urging a Delaware judge to force OWP Pharmaceuticals to arbitrate a dispute over issues that allegedly delayed the U.S. commercialization of its epilepsy and anti-seizure medications.

  • April 07, 2025

    Vice Chancellor Warns Plaintiff Over AI-Generated Filings

    A Delaware vice chancellor has threatened a plaintiff with sanctions in an appraisal action for allegedly using a "hallucinating" generative artificial intelligence program to prepare his motions and has ordered the plaintiff to disclose his use of AI in court filings moving forward.  

  • April 07, 2025

    Chancellor Asks About High Court Case In $2.1B SPAC Row

    A Delaware vice chancellor wondered Monday why neither side of a derivative suit over the $3 billion take-public merger of battery maker Microvast Holdings Inc. spoke about a recent state supreme court case relevant to the dispute.

  • April 07, 2025

    Insurers Lose Subrogation Suits Over Blackbaud Data Breach

    Several insurers cannot recoup investigation and credit monitoring expenses they covered for their insureds following a 2020 ransomware attack against Blackbaud, a Delaware state court ruled, saying two suits by the carriers failed to allege insured-specific facts in order to adequately plead breach of contract claims against the software company.

Expert Analysis

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

    Author Photo

    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

    Author Photo

    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • The Bar Needs More Clarity On The Discovery Objection Rule

    Author Photo

    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Del. Dispatch: Clarifying Charter Amendment Vote Obligations

    Author Photo

    The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

    Author Photo

    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

    Author Photo

    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

    Author Photo

    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

    Author Photo

    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Litigation Strategies In View Of New Double Patenting Rulings

    Author Photo

    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
    Author Photo

    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

    Author Photo

    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Considering Chevron's End Through A State Tax Lens

    Author Photo

    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • E-Discovery Quarterly: Recent Rulings On Metadata

    Author Photo

    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • The 3rd-Party Bankruptcy Release Landscape After Purdue

    Author Photo

    In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.

  • Comparing Antitrust Outlooks Amid Google Remedy Review

    Author Photo

    As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.

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!