Delaware

  • October 10, 2025

    Dish Streaming Patent Fight Sent To Utah For Witnesses' Ease

    A case brought by Pornhub's owner seeking a declaration that it did not infringe three of Dish Technologies LLC's patents could likely be litigated more conveniently in Utah, a Delaware federal judge has said in transferring the suit.

  • October 09, 2025

    US Wind Fights For Countersuit Against Offshore Project Foes

    US Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline.

  • October 09, 2025

    NJ Justices Probe Insurer's Role In $12M Settlement Fight

    The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.

  • October 09, 2025

    Judge Axes Cell Analysis Patent In Case Against Parse

    A federal magistrate judge in Delaware has trimmed a suit accusing biotechnology company Parse Biosciences of infringing patents covering a way of detecting target molecules in cell samples, finding one of the patents was invalid.

  • October 09, 2025

    ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal

    The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.

  • October 09, 2025

    Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.

    The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.

  • October 09, 2025

    Hemp Co. Asks Del. Court To Defer Ex-Exec's Suit To Australia

    An Australian hemp manufacturer and its U.S. subsidiaries asked a Delaware federal judge Thursday to dismiss or pause a lawsuit filed by a former executive-turned-whistleblower, arguing the case should be deferred under international comity principles.

  • October 09, 2025

    Mobile Game Co. To Pay $25M To End Chancery Investor Suit

    A China-based mobile gaming company has agreed to pay $24.75 million to settle a Delaware Chancery Court class action accusing it of engineering a $600 million share buyback that unfairly cemented its control of the company.

  • October 09, 2025

    Big Lots Gets OK For $6.5M Deal On Exec Claims

    A Delaware bankruptcy judge on Thursday approved a $6.5 million settlement between retail chain Big Lots and its directors and officers, resolving claims by unsecured creditors that the company's board bungled an attempt to sell the company last year.

  • October 08, 2025

    Chancery Extends Pause On Hospital Board Law Challenge

    The pause on ChristianaCare's lawsuit in Delaware Chancery Court against state officials in which it's challenging legislation that created a state-appointed board to review and approve hospital budgets was extended four months Wednesday to allow more time for the sides to reach a settlement.

  • October 08, 2025

    Senate IP Leader Plans Push To Pass Patent Eligibility Bill

    Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.

  • October 08, 2025

    Del. Jurist Says Blue Bell's Late Stand Defies Common Sense

    Challenges to purportedly late-raised defenses on Wednesday sidetracked arguments at the Court of Chancery that sought dismissal of a derivative stockholder suit seeking damages from Blue Bell Creameries USA Inc. fiduciaries for company losses tied to a deadly tainted ice cream incident in 2015.

  • October 08, 2025

    GSK Doesn't Have To Explain COVID Vax Claims For Moderna

    The special master in GlaxoSmithKline's infringement suit targeting Moderna's COVID-19 vaccines has rejected Moderna's push for GSK to provide more detailed allegations, in an order made public Wednesday.

  • October 08, 2025

    Del. Judge May Have Mallinckrodt Choose: Injunction Or $10M

    A Delaware federal judge said he might ask Mallinckrodt Pharmaceuticals to choose between getting a competitor's inhaled nitric oxide treatment enjoined, or receiving the entire $9.5 million a jury determined it's owed for infringement.

  • October 08, 2025

    3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit

    A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.

  • October 08, 2025

    Avon Trust Sues Insurers Over Coverage Of Talc Liabilities

    A trust established to pay asbestos claimants in Avon's Chapter 11 has urged a Delaware state court to rule that almost 30 insurers must help indemnify more than $225 million of the cosmetics company's talc injury liabilities, saying the insurance carriers had or would fail to do so.

  • October 08, 2025

    Crypto Co. Sues Mercury Funds Over $270M Token Dispute

    A blockchain startup sued several entities of a venture capital firm on Wednesday, claiming they are trying to turn a $100,000 investment in the blockchain company's early-stage digital asset venture into $270 million worth of tokens by exploiting a contract typo that mistakenly tied token rights to all their shares.

  • October 08, 2025

    Heritage Coal's Ch. 11 Plan Ignores Enviro Laws, States Say

    Maryland, Pennsylvania and the creditors committee of Heritage Coal have objected to its Chapter 11 liquidation plan, telling a Delaware bankruptcy judge that legal releases should be pared down and the states saying it doesn't address their environmental laws.

  • October 08, 2025

    3rd Circ. Clarifies Good Conduct Credits For Prison Terms

    In a precedential ruling Wednesday, the Third Circuit clarified how good conduct credits for inmates serving time can be applied, finding that the credit of 54 days per year can be prorated to 28 days for the last six months of a man's 17-and-a-half-year sentence.

  • October 08, 2025

    NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told

    Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."

  • October 08, 2025

    2 More States Join Growing US Privacy Regulator Consortium

    A bipartisan collective of U.S. regulators that was recently formed to collaborate on the implementation and enforcement of their states' data privacy regimes has swelled to double digits, with the attorneys general of Minnesota and New Hampshire on Wednesday being announced as the group's newest members. 

  • October 07, 2025

    Fed. Circ. Focuses On Breadth Of UPenn IP In Eligibility Fight

    The University of Pennsylvania and Regenxbio Inc. on Tuesday tried to persuade a Federal Circuit panel that their gene therapy patent should be revived, but at least one judge repeatedly said it's too broad.

  • October 07, 2025

    11th Circ. Rules Atty Privacy Invasion Suit Can't Be Arbitrated

    The Eleventh Circuit on Tuesday denied two Florida attorneys' request for the out-of-court resolution of a lawsuit brought by former clients alleging their private legal information was disclosed in public court dockets, ruling that the claims against the lawyers aren't covered by a retainer agreement's arbitration clause.

  • October 07, 2025

    3rd Circ. Says State Lawmakers Mostly Immune From TCPA

    State legislators in certain instances can make robocalls if they want, the Third Circuit has declared after finding that the Telephone Consumer Protection Act's ban on automated and prerecorded texts and calls without consent doesn't apply to them.

  • October 07, 2025

    Emisphere Shareholder Wants Out Of $32M Class Settlement

    A major shareholder of Emisphere Technologies has objected to a proposed $32 million settlement in a suit challenging the $1.8 billion sale of the biotechnology company to Novo Nordisk A/S, arguing that the terms of the deal are too low and unfairly benefit Emisphere's controlling shareholder.

Expert Analysis

  • 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.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • A Higher Bar For Expert Witnesses In Drug Patent Litigation

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    With recent decisions emphasizing courts' growing insistence on robust methodologies in pharmaceutical patent disputes, litigators must be strategic in how they utilize expert testimony and adapt to venue-specific expectations, says Jeremy Scholem at WIT Legal.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Protecting Brand Identity In An AI-Driven Marketplace

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    A lawsuit recently filed in New York federal court marks a critical moment in the intersection of artificial intelligence and trademark law, underscoring the importance of — and challenges surrounding — IP owners' ability to protect their brands as AI-generated content continues to grow, says Wendy Heilbut at Heilbut LLC.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • How Del. Law Rework Limits Corporate Records Requests

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    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

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