Delaware

  • June 02, 2025

    Hatteras Hedge Fund Looks To Take Investor Suit Federal

    Hedge fund Hatteras Investment Partners LP and its CEO on Friday sought to remove to Delaware federal court allegations that a $300 million asset swap wiped out shareholder value, arguing the size of the alleged damages and other factors all satisfy federal jurisdiction.

  • June 02, 2025

    Rocket Cos. Board Beats Investor's $500M Insider Trading Suit

    Delaware's Court of Chancery on Monday dismissed a derivative shareholder suit accusing Rocket Companies Inc.'s board, chairman and controlling stockholder of breaching their fiduciary duties by liquidating $500 million worth of stock allegedly based on material nonpublic information, saying the plaintiffs have failed to show a motive.

  • June 02, 2025

    Yacht Maker's Arbitration Clause Struck In Warranty Fight

    A Delaware judge has declined to send to arbitration a proposed class action accusing a French yacht maker's American subsidiary of violating U.S. consumer protection law by requiring buyers to have their boats periodically serviced at the company's dealerships.

  • June 02, 2025

    Airbnb Nixed Conservative Shareholder Proposals, Suit Says

    Two institutional Airbnb shareholders that promote conservative values have sued the vacation property rental company, saying it wrongfully excluded their shareholder proposals from its 2025 proxy materials while allowing the inclusion of a proposal submitted by a "liberal-leaning" state pension fund.

  • June 02, 2025

    A Jury Says Fortress Controls VLSI. What Now?

    A Texas federal jury has concluded that Fortress Investment Group controls VLSI Technology, which could be a game-changing step in the patent company's multibillion-dollar patent fight with Intel. Here's how the jury's narrow finding could play into the widespread litigation.

  • June 02, 2025

    23andMe Founder Pushes Alternative Ch. 11 Sale

    The founder of 23andMe has urged a Missouri bankruptcy court to revisit the $256 million sale of the company's assets to Regeneron, saying she has a better bid backed by an unnamed corporation.

  • June 02, 2025

    Del. Can't Escape Hospital's Challenge Of Cost Review Board

    Delaware's ChristianaCare Health Services Inc. and an affiliate won a ruling on Monday allowing the state's largest healthcare provider to move forward with one count of an eight-count constitutional challenge to a new hospital cost review board, with other counts deemed "unripe."

  • June 02, 2025

    Judge Allows Obviousness Defense At Bladder Drug Retrial

    A Delaware federal judge has released two makers of generic bladder drugs from a stipulation that barred them from arguing patents held by rival Astellas Pharma Inc. are invalid for obviousness, since two other generic-drug makers targeted in the consolidated litigation could make the same argument at a bench trial later this year.

  • June 02, 2025

    US Trustee Pushes For Fee Examiner In Guo Bankruptcy

    The U.S. Trustee's Office asked a Connecticut bankruptcy judge to appoint an independent examiner to review fee requests from an increasing number of global professionals authorized to provide legal and other services to the Connecticut-based Chapter 11 estate of Chinese exile Miles Guo.

  • June 02, 2025

    Allergan Entities Get Booted From Botox Patent Suit In Del.

    A Delaware federal judge has dismissed a pair of Allergan units from a suit alleging two biotechnology companies infringed patents related to Botox products, finding one unit had not shown it was actually the exclusive licensee to the disputed patents, while another agreed to be dismissed.

  • June 02, 2025

    3rd Circ. Backs Religious Bias Suit Over Fire Dept. Beard Ban

    The Third Circuit ruled that Atlantic City, New Jersey, may have been able to accommodate a fire department worker who wanted to grow a beard under his Christian beliefs, partially reinstating the worker's suit claiming he was illegally denied a carveout to the grooming policy.

  • June 02, 2025

    Report Finds Del. Court Jumbo Fees Rival Federal System

    Delaware's corporation law courts have overshadowed the entire federal court system for some class attorney fees based on multiples of usual rate benchmarks, according to two Stanford Law School researchers whose findings have already caught the attention of a top state lawmaker.

  • June 02, 2025

    Va. Landfill Says Waste Treatment Costs Sent It Into Ch. 11

    The owner of a closed-down Virginia landfill has filed for Chapter 11 protection in Delaware bankruptcy court with just over $183 million in debt, saying its costs for treating toxic wastewater exploded after an ex-employee falsified reports.

  • June 02, 2025

    Supreme Court Asks US To Weigh In On Hertz's Ch. 11 Appeal

    The U.S. Supreme Court invited the solicitor general Monday to file a brief in car rental giant Hertz's challenge to a Third Circuit ruling that as a solvent debtor it owed noteholders $272 million in interest and fees when it emerged from Chapter 11.

  • June 02, 2025

    Justices Won't Review Ex-Temple Biz Dean's Fraud Conviction

    The U.S. Supreme Court on Monday declined to review the fraud conviction of Moshe Porat, the former dean of the Temple University Fox School of Business, who was accused of falsely inflating the school's stats to boost its rankings in U.S. News & World Report.

  • May 30, 2025

    Governor Wants Input If Dropbox Challenge Is Appealed

    Delaware's governor wants to weigh in on a potential Delaware Supreme Court midcase review of a controversial state corporation law overhaul that limits the liability of directors and controlling investors for allegedly self-interested corporate acts.

  • May 30, 2025

    DHS Targets Sanctuary Cities In Noncompliance Notice

    The U.S. Department of Homeland Security has put hundreds of cities and counties in 35 states and the District of Columbia on notice for being what the department deems as unlawful safe havens for undocumented immigrants, advancing the Trump administration's April vow to target sanctuary cities.

  • May 30, 2025

    Del. Court Orders Some Doc Access In Sports Collectable Suit

    Delaware's senior Court of Chancery magistrate has ordered the director of Collectable Sports Assets LLC to provide more documents about the venture to a member investigating his personal value and stake in the business, while limiting some broader demands.

  • May 30, 2025

    Insurer Seeks Win In Margolis Edelstein Malpractice Dispute

    Margolis Edelstein should not be allowed to escape GMG Insurance Agency's legal malpractice suit, the agency told a Delaware Superior Court, saying the law firm admitted that it was not competent to handle an underlying noncompete dispute that resulted in a $1.2 million settlement.

  • May 30, 2025

    Trump Admin Says States Can't Fight Wind Permit Pause

    The Trump administration said a Massachusetts federal judge should reject states' push to block a decision to pause permitting for wind energy projects, saying their claims amount to nothing more than a policy disagreement with no place in court.

  • May 30, 2025

    3rd Circ. Preview: Tribal Immunity Limits On Deck For June

    The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.

  • May 29, 2025

    AstraZeneca Inks $51.4M Settlement In Pay-For-Delay Case

    AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC have agreed to shell out a combined $51.4 million to put to rest allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic drug Seroquel XR, according to a filing Thursday in Delaware federal court.

  • May 29, 2025

    Investment Firm Says It Was Duped Into $349M Dental Deal

    Investment firm TSG8 SDB Group Holdings LP has filed suit in Delaware Superior Court claiming a Texas-based holding company tricked it into pouring $349 million into a specialty dental practices platform based on fake financials and phony growth claims, and hid the business's problems just long enough to cash out.

  • May 29, 2025

    DOT Calls States' EV Charging Funding Suit Premature

    The U.S. Department of Transportation urged a Washington federal judge to reject an attempt by 16 states to block the Trump administration from cutting off funding for electric vehicle charging projects, saying their claims aren't yet ripe for review.

  • May 29, 2025

    Delaware Justices Asked To Review Corporate Law Rework

    A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.

Expert Analysis

  • 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.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Predicting Where State AGs Will Direct Their Attention In 2025

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    In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.

  • A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond

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    Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

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