Delaware

  • September 22, 2020

    Chubb Must Defend Rite Aid In Opioid Suits, Del. Court Says

    The Delaware Superior Court ruled Tuesday that Chubb must defend Rite Aid Corp. in hundreds of suits alleging it improperly distributed opioids, finding that alleged economic losses in the underlying litigation were caused by "bodily injury" covered by Chubb's policy.

  • September 22, 2020

    Takeda Subsidiary Seeks $130M For Drug Firm's Spinoff Fraud

    A Takeda subsidiary told the Delaware Chancery Court on Tuesday that it should get $130 million in damages from immunotherapy drug developer Harpoon Therapeutics, after a vice chancellor found that Harpoon fraudulently induced it into buying into a cancer therapy research and investment opportunity.

  • September 22, 2020

    Feds Take Bid To Cut Immigrants From Census To High Court

    The Trump administration pushed the U.S. Supreme Court on Tuesday for permission to exclude unauthorized immigrants from the census count for political redistricting, after a three-judge panel blocked the effort and found that the case was "not particularly close."

  • September 22, 2020

    3rd Circ. Tosses Suit Brought Over Philly Family Killed In Fire

    The Third Circuit on Tuesday affirmed the dismissal of claims brought by the estate of a family that died in an apartment fire in Philadelphia after a "cascade of errors" in the emergency response, in a precedential opinion that maintained that courts can only provide relief in limited circumstances.

  • September 22, 2020

    Tenured Teacher Furloughs Were Reasonable, 3rd Circ. Says

    A Pennsylvania school district took reasonable measures when it furloughed three tenured teachers to combat a budget shortfall, a panel of Third Circuit judges has ruled unanimously.

  • September 22, 2020

    Coronavirus Regulations: A State-By-State Week In Review

    As the stalemate over a new COVID-19 pandemic relief bill continues in the federal government, state lawmakers and leaders made progress over the past week with new measures to battle the health and financial fallout of the coronavirus.

  • September 22, 2020

    AGs In A Pandemic: Nessel Talks Michigan Drop Shippers

    Michigan Attorney General Dana Nessel discusses her office's efforts to curb deceptive business practices by drop shippers — middlemen who entice purchasers using false or misleading information — and to educate consumers about the pitfalls of online shopping during the pandemic.

  • September 22, 2020

    Investors Say Phone Co.'s IPO Didn't Disclose Product Flaws

    Cellphone maker Sonim Technologies Inc.'s stockholders sued its board and top officers on behalf of the company in Delaware federal court late Monday, seeking derivative damages for failures to disclose serious product troubles before its initial public offering in May 2019.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Russian IT Provider Gets Doc Bid Nixed In Delaware

    A Delaware federal judge has denied a bid by a Russian IT provider to gather information from the U.S.-based private equity manager OEP Capital for use in a pair of London-seated arbitrations with $65 million in damages at stake, ruling that the proceedings don't qualify under the statute.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Greenblatt Pierce Denied Piece Of DuPont's $5M FLSA Deal

    Greenblatt Pierce Funt & Flores cannot intervene in the approval of a $5 million settlement between a class of workers it once represented and DuPont Co. to seek a cut of the award because its claims are just a fight with another firm, a Pennsylvania federal judge ruled Monday.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Labor Unions Appeal Akorn's Ch. 11 Plan Confirmation In Del.

    A group of labor unions on Friday appealed biopharmaceutical firm Akorn Inc.'s Delaware Chapter 11 confirmation, arguing the debtors failed to properly evaluate a Chapter 7 liquidation and measures that could potentially lead to monetary recovery for them.

  • September 21, 2020

    Navient Takes New Tack To Shave Pa. AG's Student Loan Suit

    Student loan servicer Navient Corp. challenged the federal Consumer Financial Protection Bureau's delegation of enforcement power to Pennsylvania's attorney general late Friday, taking a new tack in its district court battle with the commonwealth after losing a related Third Circuit appeal.

  • September 21, 2020

    Patriot National Trustee Seeks OK For $11M Director Deal

    The litigation trustee for bankrupt insurance services firm Patriot National Inc. has asked the Delaware bankruptcy court to approve an $11 million settlement of Chancery Court claims against company directors, saying it is the best chance for a recovery for creditors.

  • September 21, 2020

    Chancery Sets Fast Trial For $16.2B Tiffany-LVMH Merger Suit

    Delaware's Chancery Court set a fast-track schedule late Monday for a Jan. 5 trial on a Tiffany suit accusing LVMH of breaching its $16.2 billion merger agreement, with the start date described as allowing time for a ruling and appeals before international antitrust approvals begin to expire.

  • September 21, 2020

    Zohar Can't Get Tilton Suit Sent To Del. Bankruptcy Court

    A New York federal judge has denied the Zohar Funds' bid to transfer a dispute between the investment vehicles and founder Lynn Tilton so it can be heard alongside Zohar's Delaware bankruptcy case, saying the alleged conduct at issue in the fight over ownership of the funds' portfolio companies precedes the bankruptcy.

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

  • September 20, 2020

    5 To Watch As GOP Races To Fill Ginsburg's Seat

    President Donald Trump has said he will name a woman to succeed the late Justice Ruth Bader Ginsburg on the U.S. Supreme Court. Here's a look at five candidates he could pick in the coming days.

  • September 20, 2020

    RBG's Biggest Opinions, From Civil Rights To Civil Procedure

    Justice Ruth Bader Ginsburg was perhaps best known for her dissents, but scholars and those who knew her say her majority opinions may better reflect her judicial philosophy, as well as her time as a law professor and civil rights lawyer.

  • September 18, 2020

    Fired CEO Says McDonald's Can't Claw Back His Severance

    Former McDonald's Corp. CEO Stephen Easterbrook slammed the fast food giant Friday for trying to take back his more than $32 million in equity and severance benefits, arguing his separation deal doesn't permit the clawback and McDonald's is trying to litigate in the wrong jurisdiction.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • Anthem-Cigna Merger Ruling Highlights Post-Deal Issues

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    The Delaware Chancery Court's recent decision to halt the Anthem-Cigna merger on antitrust grounds is most notable for not holding Cigna liable for breaching its obligation to support the transaction, and underscores the vulnerability of merger-of-equals transactions to post-signing issues, say attorneys at Fried Frank.

  • Overlooked Patent Cases: Lessons On Section 101 Motions

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    As motions to dismiss based on patent eligibility under Section 101 are on the rise, recent, lesser known federal district court decisions offer several drafting insights for patent owners facing eligibility attacks at the pleadings stage, particularly in the high-tech space, say attorneys at Akin Gump.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Chancery Ruling Offers Takeaways On Conflicts In M&A Sales

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    The Delaware Court of Chancery's recent decision in Rudd v. Brown — a challenge to Outerwall's $1.6 billion sale to Apollo — provides valuable insight in the context of conflicts of interest and director and officer fiduciary duties during M&A sales processes completed amid threats of activist-driven proxy contests, says Sawyer Duncan at King & Spalding.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Comparing Recent State Data Breach Law Updates

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    Public and private entities should revisit their incident response plans to ensure compliance with and understand the differences among heightened data breach notification requirements that five states and Washington, D.C., added or amended this year, says Jane Petoskey at Polsinelli.

  • Streamlining Power Transmission Siting To Help Renewables

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    It can take years and cost millions of dollars to secure state regulatory approval for electric transmission system upgrades needed to facilitate clean energy development, so it is important for states to create abbreviated siting processes for projects with limited anticipated impacts, says Andy Flavin at Troutman Pepper.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Chancery Ruling Highlights Fraud Claim Risk For PE Sellers

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    The Delaware Chancery Court recently declined to dismiss fraud claims against private equity firm NGP Energy Capital in its sale of Agspring, reminding private equity sellers that they may be liable for a portfolio company's fraudulent representations, say attorneys at Fried Frank.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Series

    AGs In A Pandemic: James Talks NY Response

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    New York Attorney General Letitia James highlights her office's efforts to ease financial burdens for New York residents and businesses struggling during the pandemic by fighting fraud, policing employers, assisting with debt relief and more.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Opinion

    USPTO Abuse Of Discretionary IPR Denials Must Be Cabined

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    The U.S. Patent and Trademark Office has exceeded its congressional mandate by considering its discretion to deny inter partes reviews absolute, but recent lawsuits by tech companies asking courts to limit agency discretion hold promise, says David Jones at the High Tech Inventors Alliance.

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