Delaware

  • October 17, 2025

    Kabbage Targets Ex-Execs, AmEx In $746M Ch. 11 Clawback

    The bankruptcy estate handling the wind-down of former financial services provider Kabbage Inc. sued American Express and Kabbage's former directors and shareholders in an attempt to claw back $746 million that was transferred to American Express as part of a 2020 merger between the two companies.

  • October 17, 2025

    3rd Circ. Says No Duty To Inform Criminal Clients Of Liability

    The Third Circuit in a precedential ruling Friday declined to apply immigration precedent concerning counsel's obligation to advise their criminal defendant clients about deportation risks associated with prosecutions to the civil setting, holding that the standard applies only in highly specific circumstances.

  • October 17, 2025

    Phoenix Suns Minority Owners End Suit, Shift To Countersuit

    Minority owners of the NBA's Phoenix Suns on Friday dropped their Delaware Court of Chancery lawsuit seeking to obtain certain company documents, but said they are now focused on asserting counterclaims of mismanagement and misconduct in a suit filed earlier this week by majority owner Mat Ishbia.

  • October 17, 2025

    3rd Circ. Won't Rethink IRS Collections For Preparer Fraud

    The Third Circuit declined Friday to reconsider a panel decision allowing the IRS to pursue a woman's unpaid taxes more than 20 years later — well after the normal three-year deadline — because her return preparer committed fraud on her filings without her knowledge.

  • October 17, 2025

    B. Riley Wants Out Of Lottery.com Chancery Case

    A California-based banking firm asked the Delaware Chancery Court in a brief unsealed Friday to drop it from the stockholder class action over Lottery.com's 2021 special purpose acquisition company merger, claiming it was late to the party.

  • October 17, 2025

    Federal Courts To Scale Back Operations Amid Shutdown

    The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.

  • October 16, 2025

    USDA Can't Curb SNAP Benefits As States Fight Data Demand

    A California federal judge on Wednesday preliminarily blocked the U.S. Department of Agriculture from withholding potentially billions of dollars in Supplemental Nutrition Assistance Program benefit funds from states that refuse to turn over highly sensitive personal information on millions of SNAP food assistance benefit recipients.

  • October 16, 2025

    Jazz Denied Preferred Drug Royalty Rate, But Still Gets Boost

    A Delaware federal judge has agreed to increase the royalty rate a specialty drugmaker has to pay drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind a newer narcolepsy drug, but by less than what Jazz asked for.

  • October 16, 2025

    Gabelli, Entwistle Make Lone Paramount Suit Pitch In Del.

    A fund of Paramount Global Inc. investor Mario Gabelli notified Delaware's Court of Chancery on Thursday that no other stockholders have sought to lead a suit challenging Paramount Global's $8.4 billion acquisition by David Ellison's Skydance Media, with the fund seeking lead plaintiff status and Entwistle & Cappucci and Farnan LLP to be lead counsel.

  • October 16, 2025

    Bankrupt Rite Aid Trust Sues Walgreens Over Opioid Costs

    A trustee for Rite Aid Corp.'s bankruptcy estate has sued Walgreens Boots Alliance Inc. and a subsidiary, Walgreen Co., in Delaware Chancery Court, accusing the pharmacy giant of failing to cover tens of millions of dollars in opioid epidemic-related litigation costs that it had agreed to cover.

  • October 16, 2025

    Justices Asked To Rethink Gellert Seitz Malpractice Ruling

    Lawyers for a homebuilder are asking Delaware's Supreme Court to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence handling loan-restructuring disputes, arguing that key issues have been left unresolved.

  • October 16, 2025

    Nexus Wants New Trial After Exela Cleared In $89M IP Case

    Nexus Pharmaceuticals has asked a Delaware federal judge to order a new trial on its patent infringement claims against rival Exela Pharma Sciences, saying a jury that cleared Exela of those claims in September did so "against the great weight of evidence."

  • October 16, 2025

    3rd Circ. Says FLSA Doesn't Limit Class Member Settlements

    The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.

  • October 16, 2025

    3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers

    The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.

  • October 15, 2025

    Top Del. Judge Details Views On Willful Infringement Issues

    A lawsuit cannot provide an accused infringer with the notice needed for a patent owner to allege indirect and willful infringement, and enhanced infringement demands aren't subject to dismissal motions, Delaware's top judge has ruled.

  • October 15, 2025

    3rd Circ. Clears Cannabis REIT In Investor Fraud Suit

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against a cannabis-focused real estate investment trust that alleged the trust violated securities laws by ignoring red flags about a tenant, with the panel finding that investors failed to show they were intentionally misled.

  • October 15, 2025

    Boy Scouts Claimants Look To Remove Slater, Citing Probe

    Alleging trial lawyer case aggregators at Slater Slater Schulman have "run amok" in the Boy Scouts sexual abuse case, a claimants group has moved for a bankruptcy court order terminating contingency fee legal service agreements with victims and a reduction in fees paid to the firm.

  • October 15, 2025

    Chancery 'Rewrote' $3.4B Merger Deal, J&J Tells Del. Justices

    Johnson & Johnson told the Delaware Supreme Court on Wednesday that the Chancery Court "rewrote" its $3.4 billion agreement for the acquisition of surgical robotics firm Auris Health, wrongly using the implied covenant of good faith and fair dealing to impose obligations the company never accepted.

  • October 15, 2025

    3rd Circ. Weighs If AR-15s Are 'Dangerous,' 'Unusual' Arms

    The full Third Circuit on Wednesday quizzed counsel in a gun rights case about whether AR-15s, other widely owned semi-automatic firearms, and high-capacity magazines should be considered so "dangerous" or "unusual" as to not be protected by the Second Amendment, with the panel giving no clear leanings as to how it might rule.

  • October 15, 2025

    Patent Decisions Clearing Ford, BMW Upheld By Fed. Circ.

    The Federal Circuit on Wednesday refused to revive cases accusing Ford and BMW of infringing a pair of cruise control system patents, affirming how a lower court construed key claim terms when it cleared the automotive giants in the litigation.

  • October 15, 2025

    States Seek To Revive FEMA's Disaster-Mitigation Funding

    A group of 22 states and the District of Columbia urged a Massachusetts federal court Wednesday to block the Trump administration's termination of a disaster mitigation program under the Federal Emergency Management Agency, arguing such authority lies with Congress.

  • October 15, 2025

    Del. Justices Ask How Court Can Uphold Musk Pay Unwinding

    A Delaware Supreme Court justice on Wednesday pressed a Tesla Inc. stockholder class attorney on how founder Elon Musk — facing a Court of Chancery strike-down of his $56 billion, multiyear compensation plan — can be "put back to the status quo ante after six years of achieving what he was asked to achieve."

  • October 15, 2025

    3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez

    The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.

  • October 14, 2025

    NJ, Del. Judges Stress Value Of Local Counsel For IP Attys

    Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.

  • October 14, 2025

    Skinny Labels, Orange Book Take Center Stage In IP Talks

    Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.

Expert Analysis

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    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.

  • Tracking The Evolution In Litigation Finance

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    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.

  • How Courts Weigh Section 1782 Discovery For UPC Cases

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    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.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    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.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    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.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    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.

  • A Cold War-Era History Lesson On Due Process

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    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.

  • Series

    Improv Makes Me A Better Lawyer

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    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.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

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