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Delaware
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September 02, 2025
'Never My Intention' To Defy Justices, Judge In NIH Case Says
A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.
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August 29, 2025
The 2025 Regional Powerhouses
Law360's annual list of regional powerhouses reflects not only the work of exemplary firms, but also emerging legal trends in each state, from matters involving Colorado's growing life sciences industry, to an uptick in bankruptcies in Delaware, to the continued flurry of intellectual property litigation in California.
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August 29, 2025
Real Estate Recap: School Housing, Texas Land, Miami Transit
Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.
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August 29, 2025
NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit
A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.
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August 29, 2025
Del. Gun Ownership Age Limit Deemed Unconstitutional
A Delaware Superior Court judge on Friday ruled unconstitutional a state law prohibiting 18- to 20-year-olds from buying firearms or using them without the supervision of someone 21 or older, citing in part infringement of the "quintessential" right to self-defense under the state's constitution.
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August 29, 2025
Chancery Unwinds Wireless Co. Founder's Ouster
The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.
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August 29, 2025
3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit
A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.
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August 29, 2025
Del. Justices Say Mattel Sleeper Suit Not Ripe For Review
The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.
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August 29, 2025
Quinn Emanuel, Nano Dimension Debate $30M Fee Spat Venue
Quinn Emanuel Urquhart & Sullivan LLP has urged a Massachusetts federal court to send a dispute over $30 million in legal fees allegedly owed by former client Desktop Metal back to state court to hash out claims with its parent company Nano Dimension, while Nano says the dispute belongs in Texas bankruptcy court.
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August 29, 2025
Concrete Co. Challenges Stockholder's Second Books Suit
Attorneys for a concrete company taken private in an $11.5 billion merger in February have called for dismissal of a stockholder's document suit, saying he lost standing to sue for deal-related books and records when he dropped an earlier books demand and challenged the merger outright.
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August 29, 2025
Ex-NephroSant CEO Gets Docs Claim Tossed In Fee Row
A Delaware vice chancellor has granted a request from NephroSant Inc.'s founder and former CEO to toss a counterclaim alleging she unlawfully accessed and deleted confidential company documents amid an investigation into her conduct, as she continues to fight to have the company cover her legal costs.
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August 29, 2025
Furniture Co. Walker Edison Hits Ch. 11 With Quick Sale Plans
Online furniture retailer Walker Edison filed for bankruptcy in Delaware to hold a swift Chapter 11 auction and press on with litigation alleging its former owners saddled it with unsustainable debt to fund a dividend.
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August 28, 2025
3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight
The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.
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August 28, 2025
CBP, ITC Say Masimo Suit Over Apple Watch Ruling Misplaced
The U.S. International Trade Commission and U.S. Customs and Border Protection balked at Masimo's request that a D.C. federal court temporarily block a ruling allowing imports of redesigned Apple Watches despite the companies' patent dispute, saying it's seeking relief in the wrong places.
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August 28, 2025
Del. Judge Rejects J&J Unit's $12M Interference Claim
Johnson & Johnson unit DePuy Synthes Sales Inc. could not persuade a Delaware federal judge that it invented the technology behind an RSB Spine LLC spinal fusion surgery patent a jury says it owes $12 million for infringing.
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August 28, 2025
Attys, Judge Mull Next Steps In 'Ugly House' Trademark Trial
A Delaware federal judge took a stab on Thursday at focusing post-trial briefing after three days of testimony on home-selling franchise HomeVestors of America Inc.'s claims that Warner Bros. Discovery's "Ugliest House In America" series has infringed its trademarks and confused customers.
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August 28, 2025
Yellow Corp. Shareholders Blast 4th Try At Ch. 11 Plan
Yellow Corp.'s largest public shareholders are ripping the trucking company's fourth attempt at getting a Chapter 11 liquidating plan approved, telling a Delaware bankruptcy judge the newest one would leave "the fox guarding the henhouse."
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August 28, 2025
Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks
U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.
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August 28, 2025
Chancery Says Docket For 'Routine' Matters Shows Success
As it continues to pursue ways to streamline its docket and ease burnout concerns for its judges, Delaware's Chancery Court announced this week that a new procedure for handling "routine matters" is already showing success.
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August 27, 2025
47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'
A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.
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August 27, 2025
$75K In Atty Fees Awarded After $1M Ask In Trump Media Case
After much wrangling, a Delaware vice chancellor has granted a $75,000 attorney fee for ARC Global Investments II LLC, the investment sponsor behind the deal that took Trump Media & Technology Group public in 2024 — far from ARC's most recent ask of $1 million.
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August 27, 2025
3rd Circ. Backs Special Master In NFL Concussion Fee Fight
The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.
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August 27, 2025
MSN Warns Justices Of 'Double Standard' In Entresto Appeal
MSN Pharmaceuticals is urging the U.S. Supreme Court to step in after the Federal Circuit barred its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying the circuit court used a broad construction of the patent to find infringement and a narrow version to uphold validity.
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August 27, 2025
Chancery Pressed For Faster Track In Skechers Doc Suit
Citing post-deal deadlines for share appraisal demands, attorneys for Skechers USA Inc. stockholders asked Delaware's chancellor on Wednesday for an emergency reargument on expediting a books and records demand suit, saying that the court's "more leisurely" timetable might have overlooked the urgency.
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August 27, 2025
Solar Co. Failed To Give Proper Layoff Notice, Suit Says
Solar energy company PosiGen failed to provide proper notice before terminating hundreds of employees as part of a mass layoff affecting workers at sites in Pennsylvania, Louisiana and other states, according to a proposed class action filed in Delaware federal court.
Expert Analysis
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.