Delaware

  • May 05, 2025

    Ex-Dilworth Chair Remembered For Wit, Love Of History

    Philadelphia attorney, former speechwriter for President Lyndon B. Johnson and longtime partner and co-chair at Dilworth Paxson LLP, Stephen Harmelin has been remembered as a smart, steady and even-tempered lawyer with a dry sense of humor and deep love of U.S. history and the Constitution.

  • May 05, 2025

    Justices Reject Review Of NLRB's COVID-19 Bonus Pay Order

    The U.S. Supreme Court on Monday denied review of a shuttered New Jersey nursing home's challenge to the Third Circuit's enforcement of a National Labor Relations Board decision that found the employer unlawfully slashed or ended COVID-19 bonuses for unionized workers.

  • May 05, 2025

    Coal Miner Says It Must Liquidate Without Creditor Deal

    Counsel for the owners of Heritage Coal told a Delaware bankruptcy judge on Monday that if secured and unsecured creditors cannot reach a deal by Tuesday, the company will have to move to convert its bankruptcy from a Chapter 11 to a Chapter 7 liquidation.

  • May 05, 2025

    States Sue Trump Over Halt On Wind Energy Projects

    A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry." 

  • May 02, 2025

    Nevada Takes Another Step Toward Business Court Stand-Up

    Nevada's Assembly has made another move to position state courts to handle corporate and commercial law disputes, with the first-step passage of a bill that would make judges, rather than juries, the triers of fact for fiduciary duty breaches or suits brought in a company name, among other matters.

  • May 02, 2025

    Venezuela Investors Win 'Unusual' Bid To Nix $1.4B Judgment

    A New York federal court has allowed an "unusual" request by bondholders owed about $1.4 billion by Venezuela, granting their motion to vacate a default judgment against the country and to voluntarily dismiss their claims without prejudice.

  • May 02, 2025

    Fed. Circ. Gives MSN Short Pause For Entresto Appeal

    The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.

  • May 02, 2025

    Trump Media Makes Move To Fla. With Del. Action Pending

    Trump Media & Technology Group Corp., the parent company of President Donald Trump's social media platform, has wrapped up its "redomestication" from Delaware to Florida, joining other businesses that have taken what's become known as a "DExit" to other states.

  • May 02, 2025

    3rd Circ. Says County Judges Need Notice To Pull Probation

    The Third Circuit on Friday partly revived claims from criminal defendants who said they were jailed for alleged probation violations too hastily and too long by Allegheny County, Pennsylvania, Judges Jill Rangos, Anthony Mariani and Kelly Bigley, but the split panel declined to require more than "probable cause" for someone to be returned to jail.

  • May 01, 2025

    Claims Against Attys In $2.6B Casino Merger Row Get Tossed

    A Manhattan federal judge on Thursday permanently ended claims a real estate investor in a botched $2.6 billion Philippine casino deal brought against attorneys from Sadis & Goldberg LLP, finding that claims that they allowed a fraud to unfold and breached their fiduciary duties were too vague.

  • May 01, 2025

    Chancery Finds Contract Bars Appeal In Med Co. Merger

    Private equity-tilted limited liability company contract terms beat minority investor challenges to the fairness of the $8.9 billion merger in January 2023 that joined Summit Health-CityMD and VillageMD, a Delaware vice chancellor ruled late Wednesday.

  • May 01, 2025

    3rd Circ. Backs Charter School In Black Worker's Bias Suit

    The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.

  • May 01, 2025

    High Court Urged To Skip $272M Hertz 'Solvent Debtor' Appeal

    Wells Fargo has urged the U.S. Supreme Court to reject Hertz's appeal of a Third Circuit ruling that the car rental giant owes $272 million in make-whole payments and interest to noteholders following a Chapter 11 case it launched in 2020.

  • May 01, 2025

    Senators Reintroduce Patent Eligibility, PTAB Reform Bills

    U.S. Sens. Thom Tillis and Chris Coons on Thursday brought back two significant patent reform bills from last term that overall aim to make invalidating patents more difficult.

  • May 01, 2025

    3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions

    The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.

  • May 01, 2025

    Del. Justices OK Mid-Case Appeal In Paramount Doc Suit

    Delaware's Supreme Court on Wednesday approved a mid-case review for a Paramount Global stockholder suit seeking books and records on the company's proposed $8 billion tie-up with Skydance Media.

  • May 01, 2025

    Paul Hastings, GenapSys Settle Calif. Legal Malpractice Suit

    The legal malpractice suit in which gene sequencing company GenapSys Inc. argued Paul Hastings LLP caused GenapSys' bankruptcy appears to have been settled.

  • May 01, 2025

    States Urge 1st Circ. To Reinstate Federal Housing Grants

    A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.

  • May 01, 2025

    E-Commerce Service Provider Digital River Files For Ch. 7

    Digital River Marketing Solutions Inc., an e-commerce services firm based in Minnesota, filed for Chapter 7 on Thursday, citing approximately $45.2 million in secured debt and less than $50,000 in assets.

  • April 30, 2025

    BetMGM Beats Problem Gambler's 3rd Circ. Fraud Suit Appeal

    The Third Circuit has declined to revive a man's consumer fraud suit accusing BetMGM and others of pushing him to continue gambling through more than 1,800 text messages, finding in a nonprecedential opinion that he failed to state a claim under the New Jersey Consumer Fraud Act.

  • April 30, 2025

    Judge Keeps Pfizer Foe's COVID Vaccine Patent Case Alive

    The chief judge for the Delaware federal court has turned down a bid from Pfizer and BioNTech to invalidate patent claims asserted against their blockbuster COVID-19 vaccine, in a case set to go before a jury later this year.

  • April 30, 2025

    ICE Agent Tells 3rd Circ. Jury Can Handle Sig Sauer Defect Suit

    The Third Circuit wondered Wednesday why a jury couldn't be allowed to examine the same type of gun, or at least a replica of one, that a U.S. Immigration and Customs Enforcement officer claims spontaneously fired into his leg at a design defect trial that he wants revived.

  • April 30, 2025

    Del. Judge Won't Let MSN Fight Entresto Orange Book Entry

    A Delaware federal judge has shot down MSN Pharmaceuticals Inc.'s attempt to get its generic version of Novartis' blockbuster cardiovascular drug Entresto on the market immediately by removing the branded-drug maker's patent from a federal database.

  • April 30, 2025

    Del. Justices Mull 'Deemed' Phrase In AMC Stock Dilution Suit

    The meaning of "deemed to be issued" was the focus of a Wednesday hearing before the Delaware Supreme Court in a case involving AMC and preferred stockholders who say their shares' value was wrongly reduced last year in a deal that settled a hotly contested share conversion and reverse split.

  • April 30, 2025

    Trade Desk Sued In Del. For Docs On Nevada Move

    A stockholder of formerly Delaware-chartered branding and marketing venture The Trade Desk Inc. sued on Wednesday in the First State's Court of Chancery for access to company records, citing concerns that the business rechartered in Nevada to derail challenges to its dual-class share structure.

Expert Analysis

  • Series

    Baseball Fantasy Camp Makes Me A Better Lawyer

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    With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.

  • Series

    Adapting To Private Practice: From Fed. Prosecutor To BigLaw

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    Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.

  • How Del. Supreme Court, Legislature Have Clarified 'Control'

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    The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.

  • Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims

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    The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Recent Cases Highlight Latest AI-Related Civil Litigation Risks

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    Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • 3 Del. Bankruptcy Cases Highlight US Trustee Objections

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    As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Implementation, Constitutional Issues With Birthright Order

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    President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.

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