Delaware

  • September 16, 2025

    3rd Circ. Says Yellow Has Ch. 11 Pension Liabilities

    The Third Circuit has rejected Yellow Corp.'s appeal of a bankruptcy court decision on pension liability in its Chapter 11 case, saying Tuesday that the trucking company's pension funds are correct in their calculation of how much it owes as it pulls out of its retirement plans.

  • September 16, 2025

    Judge Orders Bench Trial On Key Issue In Sirius Patent Case

    A Delaware federal judge has ordered a bench trial on the issue of whether Sirius XM relied on a German research foundation's five-year delay in bringing patent claims related to satellite radio technology in making business decisions around that tech.

  • September 16, 2025

    Jazz Can't Escape Antitrust Claims Over Sleep Disorder IP

    A Delaware federal judge has refused to let Jazz Pharmaceuticals dodge antitrust claims that it wrongly listed a patent covering a way to distribute a narcolepsy drug in the U.S. Food and Drug Administration's Orange Book.

  • September 16, 2025

    Boy Scouts Claimants Voice Frustrations With Ch. 11 Process

    A Delaware bankruptcy judge said Tuesday she was unable to review or override claim determinations made under procedures laid out in the Boy Scouts' Chapter 11 plan, despite impassioned and frustrated requests from survivors of childhood sexual abuse.

  • September 16, 2025

    CVS Caremark Takes $290M Overbilling Judgment To 3rd Circ.

    CVS's pharmacy benefits manager will appeal a judgment against the company that was recently increased from $95 million to $290 million in a suit alleging it overbilled Medicare Part D-sponsored drugs, according to a notice of appeal filed in Pennsylvania federal court.

  • September 16, 2025

    Feds Oppose Sierra Club's Bid To Freeze $50M In Border Funds

    The Trump administration told a California federal court Monday that forcing it to honor a settlement agreement between the Sierra Club and the Biden administration to use $50 million in border security funds on environmental projects would place the government between two conflicting court orders.

  • September 15, 2025

    Jazz Loses Bid To Block Avadel From Seeking Sleep Drug OK

    Jazz Pharmaceuticals Inc. cannot block Avadel CNS Pharmaceuticals LLC from seeking U.S. Food and Drug Administration approval for its sleep disorder treatment, a Delaware federal judge ruled, saying the act of seeking FDA approval is not an infringing activity that can be enjoined.

  • September 15, 2025

    Rent The Runway Gets Investor Suit Trimmed On 2nd Look

    Designer dress rental company Rent the Runway convinced a New York federal judge to trim certain shareholder claims against it after the judge reconsidered an earlier ruling on a putative class action suit that alleges the company failed to inform investors about major challenges it was facing prior to its 2021 initial public offering.

  • September 15, 2025

    AbbVie Settles Rinvoq Litigation, Blocks Generics Until 2037

    AbbVie Inc. has settled litigation with drug manufacturers, blocking generic versions of its immunosuppressant Rinvoq drug from the market for just over a decade and closing out litigation that accused generic-drug makers of infringing a slew of its patents.

  • September 15, 2025

    Chancery OKs Public Access To Some SpaceX Suit Docs

    Nonprofit news organization ProPublica won a limited Delaware Court of Chancery order Monday for the contested release of some documents and video kept under seal in a Chinese company's suit against a private equity firm over a muffed deal to line up a $50 million investment in SpaceX.

  • September 15, 2025

    3rd Circ. Unsure When Uber Wage Case Hits Dead End

    A Third Circuit panel on Monday questioned at what point a judge is permitted to declare that a case can't be resolved, as it considered a bid by Uber drivers to revive employment misclassification claims that already resulted in two deadlocked juries.   

  • September 15, 2025

    In Reversal, 3rd Circ. Lets Honda Challenge NJ Town Tow Law

    A Third Circuit panel reversed a district court's decision Monday, finding that Honda can argue it was denied due process after a New Jersey borough seized its vehicle from an uninsured lessee for driving uninsured, with a suspended license and registration.

  • September 15, 2025

    Sears Investors Ink $9M Deal In Fiduciary Breach Case

    A hedge fund manager and his firm will pay more than $9 million to end a long-running lawsuit alleging that they shortchanged investors when they took Sears Hometown and Outlet Stores Inc. private in 2019, according to a deal filed in the Delaware Court of Chancery.

  • September 15, 2025

    Med Transport Co. Founder Sues In Del. Over Share Cash-Out

    The founder and former CEO of emergency transport company AmeriPro Health LLC has sued the company and others in Delaware's Court of Chancery, alleging that he was unjustifiably fired, replaced on the company's board and had his LLC units cashed out for at least $20 million below value.

  • September 15, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.

  • September 15, 2025

    Feds Urge 3rd Circ. To Restore NJ US Atty's Authority

    The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.

  • September 15, 2025

    Exactech Gets OK For Ch. 11 Plan Ditching Sponsor Deal

    A Delaware bankruptcy judge on Monday approved Exactech's Chapter 11 sale and liquidation plan that drops a previous deal with the joint implant maker's equity sponsor in favor of funding the pursuit of potential legal claims against the sponsor on behalf of creditors.

  • September 12, 2025

    Wabtec Wants Caterpillar Unit's Antitrust Claims Axed Again

    Caterpillar subsidiary Progress Rail is trying "yet again" to "turn what are, at most, contract disputes into an antitrust lawsuit" after its claims against rail giant Wabtec over its 2019 merger with General Electric's transportation unit failed the first time around, a Delaware federal court has been told.

  • September 12, 2025

    Albertsons Loses Bid For Docs On Kroger CEO's Exit

    The Kroger Co. does not have to turn over documents to Albertsons Cos. Inc. concerning former Kroger CEO Rodney McMullen's abrupt exit, the Delaware Chancery Court ruled Friday, saying that personal conduct that prompted McMullen's resignation wasn't relevant to Albertsons' litigation claims over the grocery chains' failed $25 billion merger.

  • September 12, 2025

    Stewart Issues New Slate Of Discretionary Denials

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart rejected 18 petitions for Patent Trial and Appeal Board review based on discretionary factors on Friday, but didn't introduce new elements to her analysis.

  • September 12, 2025

    3rd Circ. Backs Fox News In DHS Expert's Defamation Suit

    The Third Circuit on Friday upheld a win for Fox News Network LLC and Fox Corp. in a defamation lawsuit from the onetime head of the Biden administration's disinformation watchdog, holding that the unflattering claims the network's hosts made about the agency were opinion or not proven to be untrue.

  • September 12, 2025

    DOJ Says States Can't Reverse Grant Cuts In OMB Reg Fight

    The Trump administration urged a Massachusetts federal judge to throw out a suit brought by a score of states accusing it of misinterpreting an Office of Management and Budget regulation to slash thousands of grants, arguing they must seek relief in another forum.

  • September 12, 2025

    Higher Ed Real Estate: A Back To School Special

    As colleges and universities face mounting financial pressures and enrollment challenges, their real estate strategies are evolving. From legal battles over property disputes to creative approaches for monetizing underutilized assets, Law360 Real Estate Authority offers a window into real estate concerns in the higher education sector.

  • September 12, 2025

    Jury Awards Mallinckrodt $9.5M In Nitric Oxide Patent Suit

    A Delaware federal jury awarded Mallinckrodt Pharmaceuticals almost $9.5 million on Friday, finding that French industrial gas company Airgas Healthcare infringed patents covering its inhaled nitric oxide treatment.

  • September 12, 2025

    Real Estate Recap: CMBS Distress, Nuclear AI, Campus Golf

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on commercial mortgage-backed securities distress, the dawn of nuclear-powered data centers, and the albatross of golf courses on colleges and universities.

Expert Analysis

  • Buyer Beware Of Restrictive Covenants In Delaware

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    Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.

  • Opportunities And Challenges For The Texas Stock Exchange

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    While the new Texas Stock Exchange could be an interesting alternative to the NYSE and the Nasdaq due to the state’s robust economy and the TXSE’s high-profile leadership and publicity opportunities for listings, its success as a national securities exchange may hinge on resolving questions about its regulatory and cost advantages, say attorneys at Norton Rose.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Franchise Group Dispute Reflects Rising Intercreditor Suits

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    A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.

  • Using Federal Forum Provisions To Nix State Securities Cases

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    A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Chancery Ruling Raises Bar For Advance Notice Bylaws Suits

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    The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.

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    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Patenting AI And Machine Learning In The Wake Of Recentive

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    Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • 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.

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