Delaware

  • May 29, 2025

    Intel Convinces Texas Jury That Fortress Controls VLSI

    A Texas federal jury on Thursday found that Fortress Investment Group controls both VLSI Technology and Finjan Holdings, and a judge will now decide whether that means Intel can escape findings that it infringed VLSI's patents by invoking its license with Finjan.

  • May 29, 2025

    Fiber Developer Tilson Hits Ch. 11 With Over $100M In Debt

    Fiber network developer Tilson Technology Management Inc. and affiliates filed for Chapter 11 protection in Delaware bankruptcy court Thursday with $100 million to $500 million in debt, claiming a client's recent failure to pay the company for work it performed had left it starved of cash and new investment.

  • May 28, 2025

    Intel Pushes Fortress, VLSI On Financial Control Limits

    Intel Corp. tried to convince an Austin federal jury Wednesday that Fortress Investment Group's power to say "no" when VLSI Technology LLC requests money, among other override authorities, makes clear who has actual control over VLSI's finances, even if that "no" has never been invoked.

  • May 28, 2025

    Insurers Get Meta MDL Coverage Fight Kicked Back To Del.

    A California federal judge has ruled that Meta Platforms' sprawling dispute with dozens of insurers over coverage for personal injury multidistrict litigation belongs in Delaware state court, where two Hartford Insurance Group units first sued, rejecting Meta's claims Hartford acted in bad faith in suing in Delaware, along with other arguments.

  • May 28, 2025

    16 States Sue Trump Admin Over Cuts To Science Grants

    A coalition of 16 state attorneys general have sued the Trump administration in New York federal court on Wednesday to stop it from cutting millions of dollars in grant funds from the National Science Foundation for scientific research and programs aimed at enhancing diversity, equity and inclusion in STEM fields and environmental justice.

  • May 28, 2025

    Del. Justices Won't Revive Raytheon Incentive Plan Suit

    Delaware's highest court on Wednesday declined to revive a derivative suit accusing Raytheon Technologies Corp. directors of wrongly allowing a special committee to change an employee pension plan without stockholder approval, citing no support for alleged bylaw breaches or need for a stockholder vote.

  • May 28, 2025

    Justices Told Del. Expert Law Doesn't Apply In Federal Court

    A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.

  • May 28, 2025

    5 Federal Circuit Clashes To Watch In June

    The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.

  • May 28, 2025

    20 State AGs Urge 9th Circ. To Resume Refugee Admissions

    Attorneys general from 20 states, as well as former federal immigration officials, have chimed in to support reinstatement of U.S. refugee admissions amid a pending legal challenge to President Donald Trump's indefinite suspension of the program, according to briefs recently filed with the Ninth Circuit.

  • May 28, 2025

    3rd Circ. Pauses J&J Unit Appeal In Talc Study Libel Case

    The Third Circuit on Wednesday granted a bid by Johnson & Johnson's talc liability unit to stay briefing in its appeal seeking to revive a libel case over a scientific article linking talcum power to mesothelioma.

  • May 28, 2025

    Checkpoint Pharma Sued For Docs On $355M Merger Plan

    Stockholders of cancer drug developer Checkpoint Pharmaceuticals sued the company in Delaware's Chancery Court for documents on its proposed $355 million acquisition by India-based Sun Pharmaceuticals, alleging conflicts and lack of disclosures regarding the role played by Checkpoint's controlling investor, Fortress Biotech.

  • May 28, 2025

    Nielsen Rival Wants To Ditch Viewing Data Patent Case

    A rival of Nielsen Co. LLC has asked a Delaware federal judge to toss a suit by Nielsen that claims infringement of a patent covering a way to measure audience viewership outside the home through mobile phone data, arguing that the subject matter is patent-ineligible.

  • May 28, 2025

    Trump Nominates Ex-Personal Atty Emil Bove For 3rd Circ.

    President Donald Trump announced on Wednesday he is nominating Emil Bove, his former criminal defense attorney who served as acting deputy attorney general, for the Third Circuit.

  • May 27, 2025

    Fortress' Power On VLSI Board Takes Spotlight At Trial's Start

    Fortress Investment Group's head of intellectual property told a Texas federal jury Tuesday that his company's overlap with investment funds that run VLSI Technology and Finjan Holdings highlights its dedication to overseeing investors' best interests, not that Fortress controls the funds.

  • May 27, 2025

    Citgo Auction Deadline Extended Amid Venezuela Debt Fight

    A Delaware federal judge agreed Tuesday to extend a crucial deadline in a forthcoming auction of Citgo's parent company to satisfy billions of dollars of Venezuelan debt, following a "monumental" ruling in New York partially shutting down parallel litigation by creditors outside the Citgo sales process.

  • May 27, 2025

    Chancery Footnotes Raise Post-SB 21 Stir In Delaware

    A Delaware vice chancellor has created a stir with expansive opinion footnotes pushing back on the state Supreme Court's rejection of a controller's liability to stockholders after rechartering a business in more board-friendly Nevada, close on the heels of a bitter legislative debate over reworking Delaware corporate law.

  • May 27, 2025

    Expert Says DuPont Knew Of PFAS Risk At NJ Site

    A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.

  • May 27, 2025

    Nikola Creditors Ask To Examine Founder Over $100M Award

    The creditors committee in Nikola Corp.'s Chapter 11 case has asked a Delaware bankruptcy court for permission to conduct discovery on the company's founder to investigate whether he is dissipating personal assets that should be used to satisfy a $100 million arbitration award owed to the debtor.

  • May 27, 2025

    Tesla Asks Delaware Justices To Slash $176M Class Atty Fee

    Attorneys for Tesla Inc. have told Delaware's Supreme Court that counsel for stockholders who secured a disputed $735 million in savings from director cash and options rollbacks deserve less than the $176.2 million fee awarded the team.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    Fed. Circ. Lifts Stay Against MSN In Entresto Appeal

    The Federal Circuit won't make a Delaware federal judge hold off on entering a judgment that would stop MSN Pharmaceuticals from having its generic version of Novartis' blockbuster cardiovascular drug Entresto approved, saying Friday that MSN hasn't pled its case convincingly.

  • May 23, 2025

    Nonprofit Orgs. Want In On States' Wash. EV Funding Fight

    A group of environmental, energy and consumer interest organizations are asking a Seattle federal judge to let them enter a lawsuit that 16 states and the District of Columbia brought seeking continued funding for new electric vehicle infrastructure so they can protect their interests in the suspended federal program without having to file a separate suit.

  • May 23, 2025

    Westlaw AI Win Right But Appellate Review Wise, Judge Says

    A Delaware federal judge Friday voiced confidence in his ruling that tech startup Ross Intelligence infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence, but explained that granting interlocutory appeal on two questions will help resolve the case more efficiently.

  • May 23, 2025

    McMahon Tries To Limit Misconduct Docs In WWE Merger Suit

    The former CEO of World Wrestling Entertainment Inc. has pushed back against efforts to force him to hand over documents relating to his alleged sexual misconduct and hush money payments in a class action over the company's merger with Ultimate Fighting Championship, telling the Delaware Chancery Court they are irrelevant to the shareholders' suit.

  • May 23, 2025

    Prudential Urges 3rd Circ. To Back Win In 401(k) Suit

    A New Jersey district court correctly tossed a suit in which a class of workers claimed they were shorted millions of dollars in their retirement plans, Prudential told the Third Circuit, arguing that it made cautious decisions in its fiduciary process.

Expert Analysis

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • How Attorneys Can Master The Art Of On-Camera Presence

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    As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.

  • 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.

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