Delaware

  • September 03, 2025

    Wash. Court Pressed To Immediately End EV Funding Freeze

    Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.

  • September 03, 2025

    Tech, Small Biz Groups Push Against Value-Based Patent Fees

    An array of groups representing tech companies, small businesses and more wrote a letter to the leaders of the House and Senate Judiciary Committees, urging them to oppose the Trump administration's reported plan to charge patent owners a new fee based on the value of their patents.

  • September 03, 2025

    Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.

  • September 03, 2025

    Delaware Powerhouse: Potter Anderson

    Potter Anderson has had a busy year between defending Mark Zuckerberg and Meta in Chancery Court cases, handling intellectual property cases for Apple, Google and IBM, representing Walmart in opioid, talc and Roundup bankruptcy cases and guiding Global Infrastructure Partners in its $12.5 billion sale to Black Rock.

  • September 02, 2025

    Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process

    Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.

  • September 02, 2025

    Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes

    In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims. 

  • September 02, 2025

    DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens

    Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.

  • September 02, 2025

    Del. Jury Awards $1.5M In Text Marketing Patent Trial

    A Delaware federal jury has awarded $1.5 million for patent infringement in a case between two companies that offer short message service marketing systems and that each alleged infringement of the other's intellectual property.

  • September 02, 2025

    Del. Court Tosses Trump Media Suit, Avoids Immunity Fight

    Citing multiple reasons to dismiss former consultant claims that they were cheated during the take-public workup for President Donald Trump's "Truth Social" media site, a Delaware vice chancellor on Tuesday tossed the suit while declining to consider assertions that presidential immunity barred the court from going forward.

  • September 02, 2025

    Jury Clears Exela In Blood Pressure Drug Patent Suit

    A Delaware federal jury has cleared Exela Pharma Sciences in a suit claiming that its injection used to treat low blood pressure during anesthesia infringed patents owned by Nexus Pharmaceuticals.

  • September 02, 2025

    3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty

    The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.

  • September 02, 2025

    3rd Circ. Wants NJ Justices' Input On Judicial Privacy Law

    The Third Circuit on Tuesday asked the New Jersey Supreme Court to address whether the state's judicial privacy law requires a mental state for purported infractions, a question that could prove crucial for data brokers facing dozens of lawsuits over their alleged violations of the statute.

  • September 02, 2025

    Gilead Rival Agrees Not To Sell Generic HIV Drug For Now

    A Gilead Sciences Inc. competitor has agreed not to sell a generic version of Gilead's human immunodeficiency virus treatment Biktarvy until a trio of patents expire, according to a proposal by the parties to end infringement allegations.

  • September 02, 2025

    Delaware Powerhouse: Bernstein Litowitz

    Bernstein Litowitz Berger & Grossmann LLP had another banner year representing shareholders in high-profile cases in Delaware's courts, including securing blockbuster settlements of more than $100 million in litigation with Santander Consumer USA Holdings Inc., Discovery Inc. and Walmart Inc., landing the firm on Law360's 2025 list of Delaware Powerhouses.

  • September 02, 2025

    Post-Ch. 11 Teligent 'Caremark' Suit Moves Forward In Del.

    In a rare decision, Delaware's chancellor on Tuesday kept alive "Caremark" duty of oversight claims against most former officers and directors of a generic-drug maker previously known as Teligent.

  • September 02, 2025

    'Never My Intention' To Defy Justices, Judge In NIH Case Says

    A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.

  • August 29, 2025

    The 2025 Regional Powerhouses

    Law360's annual list of regional powerhouses reflects not only the work of exemplary firms, but also emerging legal trends in each state, from matters involving Colorado's growing life sciences industry, to an uptick in bankruptcies in Delaware, to the continued flurry of intellectual property litigation in California.

  • August 29, 2025

    Real Estate Recap: School Housing, Texas Land, Miami Transit

    Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.

  • August 29, 2025

    NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit

    A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.

  • August 29, 2025

    Del. Gun Ownership Age Limit Deemed Unconstitutional

    A Delaware Superior Court judge on Friday ruled unconstitutional a state law prohibiting 18- to 20-year-olds from buying firearms or using them without the supervision of someone 21 or older, citing in part infringement of the "quintessential" right to self-defense under the state's constitution.

  • August 29, 2025

    Chancery Unwinds Wireless Co. Founder's Ouster

    The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.

  • August 29, 2025

    3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit

    A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.

  • August 29, 2025

    Del. Justices Say Mattel Sleeper Suit Not Ripe For Review

    The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.

  • August 29, 2025

    Quinn Emanuel, Nano Dimension Debate $30M Fee Spat Venue

    Quinn Emanuel Urquhart & Sullivan LLP has urged a Massachusetts federal court to send a dispute over $30 million in legal fees allegedly owed by former client Desktop Metal back to state court to hash out claims with its parent company Nano Dimension, while Nano says the dispute belongs in Texas bankruptcy court.

  • August 29, 2025

    Concrete Co. Challenges Stockholder's Second Books Suit

    Attorneys for a concrete company taken private in an $11.5 billion merger in February have called for dismissal of a stockholder's document suit, saying he lost standing to sue for deal-related books and records when he dropped an earlier books demand and challenged the merger outright.

Expert Analysis

  • What Del. Corporate Law Rework Means For Founder-Led Cos.

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    Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.

  • 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.

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