Delaware

  • October 31, 2025

    Real Estate Recap: Retail Rebirth, Data Center Outlier, SCIFs

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at how recent big-box store bankruptcies could usher in a retail sector revival, Florida's comparative inertia building data centers, and a rise in the niche asset class known as "sensitive compartmented information facilities."

  • October 31, 2025

    Gov't Owes $330K In Fees For NSF Funding Fight, Court Told

    A higher education association seeks more than $330,000 in attorney fees and costs from the government after winning a ruling blocking the Trump administration from cutting certain National Science Foundation funding, according to a memorandum filed in Massachusetts federal court.

  • October 31, 2025

    Trump Admin Must Keep SNAP Running, Federal Judges Say

    A Rhode Island federal judge Friday ordered the Trump administration to use contingency funds to sustain Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown, while a Boston federal judge gave the government until Monday to choose one of two paths to keep the program running to some degree.

  • October 31, 2025

    IP-Focused Judges Say Less Is More In Patent Litigation

    Attorneys litigating patent cases should exercise discretion when redacting documents, limit the length and volume of motions, and talk to judges the way they talk to juries about complicated intellectual property issues, a panel of IP-focused judges advised Thursday.

  • October 31, 2025

    Slater Blasts Bid To Terminate Boy Scout Case Fees

    Mass tort plaintiffs' firm Slater Slater Schulman LLP is calling a motion seeking to end their contingency fee legal service agreements with sexual abuse claimants in the Boy Scouts of America bankruptcy a baseless attempt to lure away its clients.

  • October 31, 2025

    Insurers Denied Bid To Stay Avon's Ch. 11 Plan For Appeal

    A Delaware bankruptcy judge denied a motion Thursday from insurers at Lloyd's of London to stay Avon Inc.'s Chapter 11 plan while the insurers appeal, finding the insurers had not shown they would be irreparably harmed by the plan taking effect.

  • October 31, 2025

    3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup

    The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.

  • October 30, 2025

    Squires' National Security Fears Over RPIs Draw Skepticism

    U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.

  • October 30, 2025

    J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win

    Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.

  • October 30, 2025

    Gun Rights Groups Ask Justices To Review Ban On Pot Users

    A group of gun rights advocates urged the U.S. Supreme Court to hear a case arguing that a federal law prohibiting marijuana users from owning guns runs afoul of the Second Amendment, saying a similar case the justices agreed to hear is a poor vehicle for the issue.

  • October 30, 2025

    McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears

    A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.

  • October 30, 2025

    Pension Fund Says Yellow Plan Can't Reserve Claim Argument

    A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.

  • October 30, 2025

    Habba Cites Essayli Ruling To Defend Role In NJ Cases

    The U.S. Department of Justice has urged the Third Circuit to reinstate Alina Habba's authority in two criminal prosecutions, arguing a recent California ruling backs her power to supervise cases as first assistant, even if she's barred from acting as U.S. attorney for the District of New Jersey under federal vacancy law.

  • October 30, 2025

    London Stock Exchange Botched MayStreet Deal, Suit Says

    MayStreet Inc.'s co-founder and former CEO sued the London Stock Exchange Group PLC and a few of its subsidiaries Thursday in the Delaware Chancery Court, claiming they lured him into selling the company with false promises of growth and then failed to honor post-closing obligations under the merger contract.

  • October 30, 2025

    3rd Circ. Affirms Tax On Interest In $191M Pharma Family Feud

    A pharmaceutical company's $191 million payment settling a family feud was for the sale of a family trust's ownership shares and included interest taxed as ordinary income, the Third Circuit said Thursday, rejecting the trust's claim that the money should be taxed at the lower, capital gains rate.

  • October 29, 2025

    Del. Justices Mull Call To Revive Amazon-Blue Origin Suit

    An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.

  • October 29, 2025

    Hertz Urges Del. Justices To Reverse $170M Insurance Ruling

    Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.

  • October 29, 2025

    Claire's Gets OK To Exit Ch. 11 After Sale To Ames Watson

    Jewelry retailer Claire's on Wednesday won a Delaware bankruptcy judge's approval of a plan to exit Chapter 11 after selling most of its North American business to private equity firm Ames Watson last month.

  • October 29, 2025

    Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit

    Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.

  • October 29, 2025

    Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling

    A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.

  • October 29, 2025

    Full 9th Circ. To Rehear Portland National Guard Challenge

    The full Ninth Circuit court will reconsider last week's panel ruling that was poised to allow the Trump administration to federalize and deploy National Guard troops to Portland, Oregon, according to an order issued Tuesday by Chief U.S. Circuit Judge Mary Helen Murguia.

  • October 28, 2025

    5 Federal Circuit Clashes To Watch In November

    The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.

  • October 28, 2025

    Perceptive Asks Chancery To Block Kindbody Ex-CEO's NY Suit

    Attorneys for senior lenders to nationwide fertility clinic chain Kindbody Inc. told a Delaware vice chancellor Tuesday that amendments to a former CEO's suit against the company's controlling lenders and directors in New York triggered a right to pull the dispute into Delaware's Court of Chancery.

  • October 28, 2025

    Unsecured Creditors Blast Mountain Sports' Ch. 11 Plan

    A pair of unsecured creditors of sports retailer Mountain Sports have asked a Delaware bankruptcy judge to reject the company's Chapter 11 plan disclosure, saying the plan attempts to split their claims into a separate creditor class to undermine their power in a vote on the plan.

  • October 28, 2025

    Exactech Gets Another $19M In DIP Funds Ahead Of Sale

    Joint implant maker Exactech Inc. received a Delaware bankruptcy judge's permission Tuesday to borrow an additional $19.1 million in its Chapter 11 case as the company works to complete an asset sale by the end of the week.

Expert Analysis

  • Maintaining Legal Compliance For GenAI In Life Sciences

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    As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

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    The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

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