Delaware

  • March 17, 2025

    Austrian Biotech BIA Hits Ch. 15, Says Exec Stole $22M

    Austrian biotechnology firm BIA has filed for Chapter 15 protection in Delaware to recover assets in the U.S., alleging an executive fraudulently transferred roughly $22 million in company funds and left it insolvent.

  • March 17, 2025

    Brightmark Puts Indiana Plastic Recycling Plant Into Ch. 11

    Recycling company Brightmark LLC has put certain units into bankruptcy in Delaware in order to keep its Indiana plastics processing center operational as it pursues a sale.

  • March 17, 2025

    Forever 21 Hits Ch. 11 Again With $1.6B Of Debt, Sale Plan

    Fashion retailer Forever 21's U.S. operator has filed for Chapter 11 protection in Delaware bankruptcy court with $1.58 billion of funded debt and plans to wind down operations at its 354 U.S. stores if it fails to find a last-minute buyer for the business.

  • March 17, 2025

    'Matrix' Film Producer Files Ch. 11 After Warner Bros. Row

    Film production company Village Roadshow filed Chapter 11 in Delaware on Monday, listing about $390 million of debt and blaming a fight with production partner Warner Bros. over the release of a 2021 sequel to "The Matrix" for its financial problems.

  • March 14, 2025

    Trump Revokes Paul Weiss Security Clearances

    Paul Weiss Rifkind Wharton & Garrison LLP became the third law firm to have workers' security clearances suspended by President Donald Trump, who signed the executive order Friday, citing the firm's DEI hiring practices and the decision by a former attorney there to assist the Manhattan district attorney's investigation of Trump.

  • March 14, 2025

    Justices Set Deadline In Birthright Citizenship Injunction Row

    The U.S. Supreme Court on Friday gave states and organizations challenging President Donald Trump's executive order aimed at limiting birthright citizenship until early next month to address Trump's request for the high court to limit three federal judge's injunctions that preliminarily blocked the order's implementation across the U.S.

  • March 14, 2025

    Sensor Tech Co. Sees PTAB Ax 2 Patents, Uphold Another

    A Chinese company has swayed patent board judges to invalidate all the challenged claims in two patents covering real-time "camera-like" mapping technology — but the board upheld claims in a third patent — developed by San Francisco-based sensor technology rival Ouster.

  • March 14, 2025

    Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.

  • March 14, 2025

    Newsmax Says It Shelled Out $40M To End Smartmatic Suit

    Newsmax Media Inc. paid $40 million in last year's settlement with Smartmatic USA Corp. to put to rest the election technology company defamation suit ahead of trial, according to a disclosure recently filed with the U.S. Securities and Exchange Commission.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Coupang Hit With Corporate Fraud, Waste Claims In Chancery

    The officers and directors of tech company Coupang Inc., are facing a derivative lawsuit in Delaware Chancery Court — accused of corporate mismanagement, fraud and waste, including labor violations in South Korea.

  • March 14, 2025

    Three Arrows Beats FTX To Get $1.5B Bankruptcy Claim

    The liquidators of failed cryptocurrency hedge fund Three Arrows Capital have prevailed in a dispute with FTX Trading Ltd. over the allowance of a $1.53 billion bankruptcy claim, with a Delaware judge deciding to grant Three Arrows' bid to change its original claim despite FTX asserting that the move was made in bad faith.

  • March 14, 2025

    Judge Trims Investor's Bid To Rescind Funds From Pot Co.

    A Florida federal judge has found that an investor can't rescind a deal or claim fraud through common law in a suit alleging that the officers and agents of a cannabis company hid a $13 million tax liability when he invested.

  • March 14, 2025

    ITC To Review Toolmaker's Fish Tape, Safety Helmet Products

    The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.

  • March 14, 2025

    Canadian Accounting Service Co. Hits Ch. 15 With Sale Plan

    Vancouver-based accounting and financial services firm Bench Accounting Inc. has filed a Chapter 15 recognition in a Delaware bankruptcy court with approximately $51.5 million in liabilities and $5.1 million in assets, asking a U.S. bankruptcy court to approve a plan to sell all its assets.

  • March 13, 2025

    Trump Asks Justices To Limit Pauses Of Birthright Order

    President Donald Trump asked the U.S. Supreme Court on Thursday to limit three nationwide court orders prohibiting the implementation of his executive order aimed at limiting birthright citizenship, arguing that the coast-to-coast injunctions upended the judicial process and are trying to micromanage the executive branch.

  • March 13, 2025

    Judge Won't Toss $35M Ch. 11 Bank Fee Clawback Lawsuit

    A Delaware bankruptcy judge has denied a summary judgment bid to dismiss a lawsuit alleging that an $1.8 billion loan set medical testing company Millennium Laboratories on course for its 2015 Chapter 11.

  • March 13, 2025

    Host Co. Can't Force Bitcoin Miner From Pa. Property, For Now

    A western Pennsylvania bitcoin mining venture won a temporary restraining order in Delaware's Court of Chancery Thursday in a ruling that barred a hosting company from continuing to use or block access to more than 20,000 mining systems that had been installed for the tenant operation.

  • March 13, 2025

    Judge Hits 'Reset Button' In 3M, DuPont PFAS Cleanup Case

    New Jersey's environmental regulators have tried to force EIDP and DuPont Chemours to begin remediation efforts on "forever chemical" contamination at a former facility in Salem County — which is at the center of ongoing litigation — a move that seemingly undermined a federal judge's authority and put in jeopardy a looming May trial date.

  • March 13, 2025

    Amid Del. Corporate Law Overhaul Push, Texas Turns Up Heat

    As Delaware lawmakers advance changes to the state's general corporation law — aimed in part at stopping companies from moving their corporate charters — they are facing increased pressure from their counterparts in Texas, where legislation appears to be on a fast dash in an attempt to convince more businesses to make it their legal home.

  • March 13, 2025

    Del.'s Divisive Corporate Law Rework Passes In State Senate

    Divisive amendments to Delaware's general corporation law cleared the state Senate Thursday with multiple questions but little debate and without dissenting votes, and will now be sent to the House amid warnings that failure to approve could weaken the state's standing as a top corporate charter hub.

  • March 13, 2025

    Insurers Must Cover Real Estate Cos. In False Claims Dispute

    A pair of directors and officers insurers must provide coverage to real estate holding companies in an underlying False Claims Act whistleblower action, a Delaware Superior Court judge ruled, finding that a breach of contract exclusion does not bar coverage.

  • March 13, 2025

    States Sue To Halt Cuts At Education Dept.

    A group of 21 Democratic attorneys general sued the Trump administration Thursday in an effort to halt mass layoffs at the Department of Education, calling it an illegal move that will wreak havoc on states' educational systems.

  • March 12, 2025

    Del. Justices Told Conflicts Tainted AstraZeneca Co.'s $3B Sale

    A stockholder class attorney told Delaware's Supreme Court on Wednesday that a vice chancellor never addressed the undisclosed conflicts cited in a Court of Chancery suit accusing AstraZeneca PLC of lining up a conflicted, underpriced $3 billion sale of clinical stage biopharmaceutical venture Viela Bio Inc.

  • March 12, 2025

    Law360 Cheat Sheet: Novartis' Fight Over Generic Entresto

    Novartis has led a wide-ranging litigation campaign to block generic versions of its bestselling cardiovascular drug Entresto that has involved multidistrict litigation, trips to several circuit courts and cases against the federal government. Here, Law360 breaks down how the various cases intersect and what's still playing out.

Expert Analysis

  • Licensing And Protections For Voice Actors In The Age Of AI

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    While two recently enacted California laws and other recent state and federal legislation largely focus on protecting actors and musicians from the unauthorized use of their digital likenesses by generative artificial intelligence systems, the lesser-known community of professional voice actors also stands to benefit, says attorney Scott Mortman.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Del. Dispatch: Cautionary Tales Of 2 Earnout Effort Breaches

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    The Delaware Court of Chancery's tendency to interpret earnout provisions precisely as written, highlighted in two September rulings that found buyers breached their shareholder obligations when they failed to make reasonable efforts to hit certain product development milestones, demonstrates the paramount importance of precisely wording these agreements, say attorneys at Fried Frank.

  • Series

    A Day In The In-House Life: Best Egg CLO Talks Power Of Prep

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    On a typical Monday in her life, Best Egg Chief Legal Officer Amy Thoreson Long chronicles a remote workday in which she makes time for everything from getting ahead on regulatory issues and researching recent Supreme Court decisions to dog walks and podcast breaks.

  • Opinion

    Bill Is Key To Protecting US Economy From Patent Piracy

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    It is critical that Congress pass a recently introduced bill that would protect U.S. investors from intellectual property theft by restoring court-ordered injunctions as the default remedy in patent infringement cases to ensure inventors get the justice they deserve, says Andrei Iancu at Sullivan & Cromwell.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • A Look At The Economic Impact Of Drug Patent Differentiation

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    Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

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