Delaware

  • 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.

  • August 29, 2025

    Ex-NephroSant CEO Gets Docs Claim Tossed In Fee Row

    A Delaware vice chancellor has granted a request from NephroSant Inc.'s founder and former CEO to toss a counterclaim alleging she unlawfully accessed and deleted confidential company documents amid an investigation into her conduct, as she continues to fight to have the company cover her legal costs.

  • August 29, 2025

    Furniture Co. Walker Edison Hits Ch. 11 With Quick Sale Plans

    Online furniture retailer Walker Edison filed for bankruptcy in Delaware to hold a swift Chapter 11 auction and press on with litigation alleging its former owners saddled it with unsustainable debt to fund a dividend.

  • August 28, 2025

    3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight

    The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.

  • August 28, 2025

    CBP, ITC Say Masimo Suit Over Apple Watch Ruling Misplaced

    The U.S. International Trade Commission and U.S. Customs and Border Protection balked at Masimo's request that a D.C. federal court temporarily block a ruling allowing imports of redesigned Apple Watches despite the companies' patent dispute, saying it's seeking relief in the wrong places.

  • August 28, 2025

    Del. Judge Rejects J&J Unit's $12M Interference Claim

    Johnson & Johnson unit DePuy Synthes Sales Inc. could not persuade a Delaware federal judge that it invented the technology behind an RSB Spine LLC spinal fusion surgery patent a jury says it owes $12 million for infringing.

  • August 28, 2025

    Attys, Judge Mull Next Steps In 'Ugly House' Trademark Trial

    A Delaware federal judge took a stab on Thursday at focusing post-trial briefing after three days of testimony on home-selling franchise HomeVestors of America Inc.'s claims that Warner Bros. Discovery's "Ugliest House In America" series has infringed its trademarks and confused customers.

Expert Analysis

  • Series

    Teaching Business Law Makes Me A Better Lawyer

    Author Photo

    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

    Author Photo

    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Series

    Law School's Missed Lessons: Mastering Discovery

    Author Photo

    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

    Author Photo

    The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

    Author Photo

    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • Series

    Playing Guitar Makes Me A Better Lawyer

    Author Photo

    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

    Author Photo

    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

    Author Photo

    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

    Author Photo

    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

    Author Photo

    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

    Author Photo

    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

    Author Photo

    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Series

    Teaching College Students Makes Me A Better Lawyer

    Author Photo

    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

    Author Photo

    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

    Author Photo

    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.