Delaware

  • September 10, 2025

    3rd Circ. Seeks Standing Specifics In Website Tracking MDL

    The Third Circuit on Wednesday challenged both retailers and consumers over so-called session replay software capturing online shoppers' data, wanting to know if a proposed class could be more specific about what "sensitive" information was actually shared by Bass Pro Shops and Cabela's and if their stores had any limits on connecting private searches with specific people.

  • September 10, 2025

    Massachusetts Grocery Chain Ousts CEO In Power Struggle

    The longtime president and CEO of New England supermarket chain Market Basket has been ousted following an unsuccessful mediation, the company announced Wednesday.

  • September 09, 2025

    ITC Judge Clears Motive In Trucking Tech Patent Fight

    A U.S. International Trade Commission judge has cleared fleet management startup Motive Technologies Inc. from an infringement case over patents owned by a rival that sells trackers to trucking companies.

  • September 09, 2025

    Quinn Emanuel Fights DQ Bid In Trade Secrets Fight

    Quinn Emanuel Urquhart & Sullivan LLP-represented Rippling is urging a Delaware state court to reject a bid to disqualify the firm from representing the human resources and payroll company in an ongoing trade secrets fight with competitor Deel Inc., saying the request is a misguided tactical move.

  • September 09, 2025

    Expedia Wants $2.75M Sanction For 'Lies' In Cuba Land Suit

    A family descended from Cuban landowners and its counsel in a suit over property seized by the Cuban government should face seven-figure sanctions for knowingly bringing bogus Helms-Burton Act claims against travel company Expedia, the company has told a Delaware federal judge following its win in a jury trial.

  • September 09, 2025

    States Urge Justices To Quickly Rule Against Trump's Tariffs

    The U.S. Supreme Court should quickly consider the appeal of the Federal Circuit's ruling that President Donald Trump's emergency tariffs are unlawful and affirm that the International Emergency Economic Powers Act doesn't provide the authority to impose duties, the states challenging the measures told the justices this week.

  • September 09, 2025

    Approach The Bench: Judge Shannon Discusses Bankruptcy

    Bankruptcy might seem like a technical and obscure practice area, but not to U.S. Bankruptcy Judge Brendan Shannon.

  • September 09, 2025

    3rd Circ. Told Cigna's 'Private Label' Stelara May Alter Market

    A Johnson & Johnson subsidiary told a Third Circuit panel it would be "difficult" to calculate its potential monetary losses if a Cigna subsidiary were to launch its own version of an anti-inflammatory treatment, particularly if it permanently changed the market by giving the insurance giant a "private label" version that pharmacies would give preference over the original.

  • September 09, 2025

    Bowling And Eatery Chain Pinstripes Hits Ch. 11 Seeking Sale

    Illinois-based bowling and restaurant chain Pinstripes has filed for Chapter 11 protection in Delaware bankruptcy court with more than $143 million in debt and plans to seek a going concern sale.

  • September 08, 2025

    3rd Circ. Revives Ex-Lecturer's Suit Over Alt-Right Views

    The Third Circuit on Monday found school disruptions at the New Jersey Institute of Technology caused by a philosophy lecturer's comments don't outweigh his free speech rights, reversing the school's summary judgment win in the professor's lawsuit alleging NJIT violated his constitutional rights by refusing to renew his contract after his off-campus, alt-right comments drew national attention.

  • September 08, 2025

    Split 4th Circ. Axes States' Challenge To Trump Admin Layoffs

    A split Fourth Circuit panel held Monday that a coalition of states doesn't have standing to sue the Trump administration over the mass firing of thousands of probationary government employees, finding that it was the employees — not the states — who "suffered the brunt of the harm" underlying the case.

  • September 08, 2025

    3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball

    A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.

  • September 08, 2025

    Judge Axes Machine Learning Railyard Patents Under Alice

    A Delaware federal court has found that three patents owned by ConGlobal Technologies and asserted against Roboflow Inc. are invalid, with a visiting Federal Circuit judge concluding that the use of machine learning in the claimed railway positioning system doesn't render the claims patent eligible.

  • September 08, 2025

    Pokémon Go Maker Gets Judge To 'Avada Kedavra' Patents

    A federal judge on Monday said he cast the so-called unforgivable avada kedavra curse from Harry Potter to kill three ImagineAR Inc. video game patents in its lawsuit against Pokémon Go maker Niantic Inc., saying the patents were all abstract and lacked any inventive concept.

  • September 08, 2025

    Lolli & Pops Sued For Docs Over Alleged Structure Changes

    The former CEO of Hammond's Candies, who sold the business to candy maker Lolli & Pops last year, sued the company Friday in Delaware seeking to inspect its books and records alleging he has "credible basis to believe" Lolli & Pops modified its ownership structure in a way that could have potentially diluted his shares. 

  • September 08, 2025

    Super Micro Hit With Stockholder Derivative Suit In Del.

    A Super Micro Computer Inc. stockholder has launched a lawsuit seeking recoveries from top officers and directors for hundreds of millions in damages allegedly arising from false and misleading statements tied to financial reports and internal controls.

  • September 08, 2025

    Del. Gov. Defends Corp. Law Overhaul In Pending Appeal

    Delaware's governor has weighed in strongly against a state Supreme Court challenge to legislation approved earlier this year barring damages or "equitable" relief for some controlling stockholder or going-private deals, arguing that nothing in the measure unconstitutionally limits court powers.

  • September 08, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.

  • September 08, 2025

    Court Says Claim For Coverage Declaration Is Untimely

    A wiring manufacturer demanding coverage from a Nationwide unit for nearly $32 million in outstanding defense costs over claims it violated federal bribery and accounting laws filed its claim for declaratory judgment too late, a Delaware federal court ruled, pointing to the state's three-year statute of limitations for contract-related actions.

  • September 08, 2025

    Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told

    The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.

  • September 08, 2025

    Dems Again Ask NY Ethics Body To Investigate Bove

    Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.

  • September 08, 2025

    Delaware Powerhouse: Richards Layton

    Richards Layton & Finger PA's office renovation, its key role in updating Delaware's corporate law and its ability to step up on everything from bankruptcy to intellectual property to trials to transactions have made it a standout firm in the First State.

  • September 08, 2025

    Tracking The Copyright Fights Between Creators And AI Cos.

    In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.

  • September 08, 2025

    3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit

    The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.

  • September 05, 2025

    Stewart Tackles Markets, Injunctions In Newest PTAB Reviews

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart released 14 institution decisions in the last week, providing more insight on the scope of settled expectations and the impact of a district court preliminary injunction.

Expert Analysis

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • 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.

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