Delaware

  • April 11, 2025

    3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row

    Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.

  • April 11, 2025

    Nikola Corp. Gets OK For $30M Arizona Factory Sale

    A Delaware bankruptcy judge Friday gave electric vehicle and hydrogen fueling technology maker Nikola Corp. the go-ahead to sell its Arizona factory and headquarters to electric carmaker Lucid Motors for $30 million.

  • April 11, 2025

    Envestnet Sued For Docs On $4.5B Bain Capital Deal In Del.

    A former trust investor in wealth and data management giant Envestnet Inc. sued in Delaware's Court of Chancery on Thursday for access to books and records on the company's $4.5 billion take-private deal with Bain Capital last year, citing concerns over both price and potential conflicts.

  • April 10, 2025

    IP Forecast: Novartis' Entresto Fight Heads To DC Circ.

    Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • April 10, 2025

    BASF Accuses Duracell Of Stealing Lithium Battery Secrets

    Duracell is being accused by chemical company BASF Corp. of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, according to a lawsuit unsealed in Delaware federal court.

  • April 10, 2025

    3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row

    A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.

  • April 10, 2025

    3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit

    The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.

  • April 10, 2025

    Byju's Alpha Sues Co-Founder Over $533M In Missing Funds

    The bankrupt U.S. subsidiary of Indian tech giant Byju's has filed a suit alleging the company's founder had a direct hand in the disappearance of $533 million in company assets prior to its Chapter 11 filing.

  • April 10, 2025

    Judge On Bid To Redo Wawa Breach Atty Fees: 'I Don't Buy It'

    A Third Circuit panel on Thursday considering a class member's request to reconsider a $3.2 million attorney fee award in the Wawa data breach litigation seemed unconvinced of the argument that the number was the result of side-dealing attorneys, with one judge telling counsel, "I don't buy it."

  • April 10, 2025

    No Plan To Trim Do Kwon Case After Crypto Memo, Feds Say

    A U.S. Department of Justice memo outlining the Trump administration's cryptocurrency policy and enforcement priorities has not prompted prosecutors to alter their $40 billion criminal fraud case against Terraform founder Do Kwon, a government lawyer told a Manhattan federal judge Thursday.

  • April 10, 2025

    Sagitec Sues Deloitte For Defamation In Trade Secrets Spat

    Software company Sagitec Solutions has accused Deloitte Consulting of conducting an "ongoing campaign of disparagement and unfair competition," alleging in a complaint in Delaware federal court that Deloitte has falsely claimed that Sagitec's unemployment and pension administration programs are based on stolen trade secrets.

  • April 10, 2025

    Cantor Fitzgerald, Lutnick Beat BGC Stockholder Suit In Del.

    A claim misclassification doomed a stockholder suit accusing Cantor Fitzgerald LP and former BGC Partners CEO Howard Lutnick — now U.S. commerce secretary — of lining up unfair terms when BGC went public in 2023 in a deal that diluted its minority shareholders, a Delaware vice chancellor ruled on Thursday.

  • April 10, 2025

    Del. Justices Urged To Revive Gellert Seitz Malpractice Case

    A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.

  • April 09, 2025

    Dominion Wins Defamation Claim In Mixed Newsmax Ruling

    A Delaware Superior Court judge on Wednesday agreed with Dominion Voting Systems that Newsmax made false and defamatory statements that the voting machine company rigged the 2020 election in favor of former President Joe Biden, but ruled a jury would have to determine whether those statements were made with malice.

  • April 09, 2025

    House Approves Bill To Restrict Nationwide Injunctions

    The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.

  • April 09, 2025

    Chancery Lets Paramount Investors Probe Skydance Deal

    Delaware's top Chancery magistrate said Wednesday that Paramount Global stockholders probing the company's proposed $8 billion Skydance Media merger can have access to dozens of documents, but kept sealed further details in a transcript of a hearing closed to the public for at least five additional days.

  • April 09, 2025

    2nd Circ. Doubtful Of Push To Thaw Assets For Debt Relief Biz

    A Second Circuit panel seemed unconvinced Wednesday by a debt relief network's argument that the rule federal and state enforcers invoked to shut it down didn't apply because the targeted business practices included in-person interactions, with two judges noting that the home visits followed phone conversations where the actual selling was likely made.

  • April 09, 2025

    Cross & Simon OK'd To Duck Out Of Team Systems Ch. 7 Suit

    A Delaware bankruptcy judge on Wednesday approved law firm Cross & Simon LLC's request to withdraw as counsel to former Team Systems International executives in an adversary case brought by the insolvent government contractor's Chapter 7 trustee.

  • April 09, 2025

    Twitter Seeks To Strike Arbitrations In Severance Fight

    Fifteen individual arbitration awards don't add anything to workers' claims seeking additional severance payments from X, the social media platform argued, urging a Delaware federal court to strike them from the docket.

  • April 09, 2025

    Del. Justices Grapple With 'Knowability' In Stock Sale Appeal

    Delaware's chief justice said Wednesday the court recognized the seeming unfairness in a stockholder's bid against dismissal of his court challenge to a state sale of tech company shares as long-abandoned property, but cautioned that commercial interests need certainty in their markets.

  • April 09, 2025

    Religious Mission Justifies Philly Injection Site, 3rd Circ. Told

    Counsel for a nonprofit seeking to open a safe injection site in Philadelphia told the Third Circuit Wednesday that it qualified as a religious organization immune from prosecution, despite not having any spiritual language in its incorporation documents.

  • April 09, 2025

    GameStop Customer Wants 'Boring' Browsing To Stay Private

    GameStop Inc.'s use of third-party software to record customers' online browsing violates Pennsylvania's wiretap law, even if the data collected isn't sensitive or traceable to a particular person, a proposed class representative told the Third Circuit during an oral argument Wednesday.

  • April 09, 2025

    Paper Towel Maker For Trader Joe's, Aldi Files For Ch. 11

    Arizona-based Royal Interco LLC, which supplies private-label paper products for grocery chains including Trader Joe's, Whole Foods, Kroger and Aldi, filed for Chapter 11 protection in Delaware, saying it has $205 million in outstanding secured debt and a stalking horse bid to acquire the company for $126 million.

  • April 08, 2025

    Crypto Investor Sues In Del. Alleging $16M Pump, Dump Loss

    Cayman Islands-registered cryptocurrency venture Hash Asset Management Ltd. sued two other crypto entities and four individuals in Delaware's Court of Chancery on Tuesday, alleging a "pump and dump" scheme that saw more than $16 million allegedly siphoned away in violation of token deposit and lending agreements.

  • April 08, 2025

    Univ. Of The Arts Gets Last Ch. 7 Property Sale Approved

    Philadelphia's University of the Arts received the Delaware bankruptcy court's approval Tuesday for its sale of an historic building, the seventh and final real estate sale in the defunct school's Chapter 7 case.

Expert Analysis

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Avoiding Merger Disputes Via Careful LLC Agreement Drafting

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    The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

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