Delaware

  • December 05, 2025

    Fed. Circ. Questions Whether Ingevity Can Duck $85M Verdict

    The Federal Circuit spent Friday morning debating whether Ingevity Corp.'s argument that it should be immune from an $85 million antitrust verdict holds water because the chemical and carbon product maker thought it was enforcing its patent rights, even though the jury said it was illegal tying.

  • December 05, 2025

    SG Urges Justices To Hear Hikma's 'Skinny Label' Patent Case

    The U.S. solicitor general on Friday urged the U.S. Supreme Court to hear Hikma Pharmaceuticals Inc.'s appeal of a decision reviving a patent suit involving its "skinny label" on a generic heart drug, saying the ruling puts the availability of lower-cost generics at risk.

  • December 05, 2025

    Constellation To Sell Power Plants For $26.6B Calpine Deal

    The U.S. Department of Justice said on Friday that enforcers have reached a deal allowing Constellation Energy Corp.'s $26.6 billion purchase of Calpine Corp. to move ahead, with the sale of power plants located in Delaware, Pennsylvania and Texas.

  • December 05, 2025

    9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health

    The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.

  • December 05, 2025

    Judge Won't Lift Stay On Hopewell Drug Launch

    A Delaware federal judge has shot down Hopewell Pharma Ventures' bid to lift a regulatory stay on approval of its planned generic version of German drugmaker Merck's blockbuster multiple sclerosis drug Mavenclad.

  • December 05, 2025

    3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying

    A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.

  • December 05, 2025

    3rd Circ. Clears Philadelphia Cops In Fatal Chase Crash

    The Third Circuit ruled Friday that Philadelphia police aren't liable for the death of a bystander struck by an alleged drug dealer fleeing the cops, reasoning in a precedential decision that the officers didn't intend to harm. 

  • December 05, 2025

    Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case

    The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.

  • December 05, 2025

    Miss. Casino Owner Pressured Lowball Buyout, Suit Says

    Former minority stockholders of a Mississippi-based gambling resort sued the casino operator's majority owner in the Delaware Chancery Court on Friday, alleging he used a coercive and information-starved tender offer to scoop up shares cheaply before the company issued a multimillion dividend.

  • December 05, 2025

    US Magnesium Creditors Again Ask Judge To Nix Ch. 11 Loan

    US Magnesium's unsecured creditors committee has once again urged a Delaware bankruptcy judge not to give final approval to the former magnesium producer's $10 million Chapter 11 loan, saying it only benefits US Magnesium's secured lenders and parent company.

  • December 05, 2025

    Insurance Broker Accuses Ex-Producers Of Client, Info Theft

    Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.

  • December 05, 2025

    Medline Accused In Chancery Of Withholding $10M Earnout

    A Florida-based holding company and its founder have sued medical supplier Medline in the Delaware Chancery Court, alleging it deliberately refused to make a $10 million payment tied to a 2023 acquisition, missed a hard deadline and is now acting in bad faith to avoid paying the key portion of the sale price.

  • December 04, 2025

    Judge Weighs Venue For $146M Chilean Hospital Award Feud

    A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.

  • December 04, 2025

    Insurance Broker Tech Leader Sued In Del. Over Market Power

    Alleging potential "mid-nine figures" in damages, insurance broker software venture Ardent Labs Inc. has filed a five-count suit in Delaware's Court of Chancery accusing an industry leader — Applied Systems Inc. — of "anticompetitive conduct that violates the letter and spirit of antitrust law."

  • December 04, 2025

    Judge OKs Plan Disclosures For AmeriFirst In Ch. 11

    A Delaware bankruptcy judge agreed Thursday to grant conditional approval for bankruptcy mortgage servicer AmeriFirst's disclosure statement outlining its Chapter 11 plan, finding the objections raised by the U.S. Trustee's Office are best reserved for the plan confirmation hearing.

  • December 04, 2025

    Pharma Cos. Denied Early Win In States' Price-Fixing Suit

    Twenty-six pharmaceutical companies failed to secure a quick win on overarching conspiracy claims in an antitrust case by the attorneys general of Connecticut and most other states, with a federal judge finding the "substantial bulk of evidence" points toward a broad industry scheme to fix 98 dermatology drug prices.

  • December 04, 2025

    Del. Justices Nix Challenge To $1.1B Smart & Final Sale

    A three-justice Delaware Supreme Court panel has rejected with little comment a bid to revive a stockholder suit alleging disclosure failures and conflicted moves ahead of the $1.1 billion April 2019 sale of Smart & Final Stores Inc. to interests of Apollo Global Management.

  • December 04, 2025

    Appeal Of US Atty Invalidations May Be 'Devastating' To DOJ

    As the list of interim and acting U.S. attorneys found to be unlawfully appointed under President Donald Trump grows, so too does the pressure on his administration to make the next move, which could force a risky strategic decision on whether to push the issue up to the U.S. Supreme Court, experts said.

  • December 03, 2025

    USPTO Gets Earful On Plan To Restrict Patent Reviews

    The U.S. Patent and Trademark Office's proposed new rules to limit America Invents Act patent reviews have generated scores of forceful comments, with supporters saying the proposal will curb redundant challenges and opponents arguing it would bar legitimate reviews and exceed the office's power.

  • December 03, 2025

    NuVasive Urges Del. Justices To Revive Officer Conflict Suit

    A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.

  • December 03, 2025

    ITG Urges Del. Justices To Snuff $250M Reynolds Award

    An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.

  • December 03, 2025

    3rd Circ. Won't Block NLRB In Constitutionality Cases

    Employers challenging the National Labor Relations Board's constitutionality can't get its cases blocked because they arise out of "labor disputes" courts are generally forbidden to meddle in, the Third Circuit said Wednesday, opening a split with the Fifth Circuit.

  • December 03, 2025

    Fed. Circ. Backs Axed Claims In Heart Rate Monitor Patent

    The Federal Circuit on Wednesday upheld a Utah federal court's decision that claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy were invalid under the U.S. Supreme Court's Alice test.

  • December 03, 2025

    3rd Circ. Suggests COVID Loan Law Vexed By 'Vagueness'

    The Third Circuit on Wednesday flagged ambiguities in the federal law governing pandemic relief for businesses in the case of an IT services company seeking forgiveness of a $7.2 million loan for payroll costs, with one judge suggesting the "vagueness and confusion" resulted from hasty policymaking during the COVID-19 emergency.

  • December 03, 2025

    Nike 'Cool Compression' Case Not Exceptional, 3rd Circ. Told

    Nike argued before the Third Circuit on Wednesday that its "cool compression" trademark litigation with clothing maker Lontex Corp. was not so "exceptional" that it should pay Lontex's attorney fees, which exceed $5 million, given that the trial court and Third Circuit had previously held that the Lanham Act case was a close one.

Expert Analysis

  • How Fed. Circ. Shaped Subject Matter Eligibility In 2025

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    The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

  • Series

    Preaching Makes Me A Better Lawyer

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    Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

  • Series

    Law School's Missed Lessons: Practicing Client-Led Litigation

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    New litigators can better help their corporate clients achieve their overall objectives when they move beyond simply fighting for legal victory to a client-led approach that resolves the legal dispute while balancing the company's competing out-of-court priorities, says Chelsea Ireland at Cohen Ziffer.

  • Series

    The Law Firm Merger Diaries: How To Build On Cultural Fit

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    Law firm mergers should start with people, then move to strategy: A two-level screening that puts finding a cultural fit at the pinnacle of the process can unearth shared values that are instrumental to deciding to move forward with a combination, says Matthew Madsen at Harrison.

  • Considerations When Invoking The Common-Interest Privilege

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    To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.

  • Series

    The Law Firm Merger Diaries: Making The Case To Combine

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    When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • Opinion

    Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

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    Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

  • Rule Amendments Pave Path For A Privilege Claim 'Offensive'

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    Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

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