Delaware

  • March 18, 2025

    Forever 21 Moves Ahead With Swift Ch. 11 Plans

    Fast-fashion retailer Forever 21 on Tuesday secured a Delaware bankruptcy judge's approval for motions that put it on track to close more than 300 stores and emerge from its second Chapter 11 in June.

  • March 18, 2025

    News Union Backs NLRB Order Against Pittsburgh Paper

    The Pittsburgh Post-Gazette bargained in bad faith with its reporters' union by insisting on unilateral control over their job terms based on vague concerns about the journalism industry, the union told the Third Circuit, urging a panel to enforce a National Labor Relations Board ruling.

  • March 17, 2025

    Meta Facing Investor Suit Over €1.2B EU Data Privacy Fine

    A pair of pension funds on Monday filed suit against Meta Platforms Inc. in Delaware's Court of Chancery, accusing the company of repeatedly violating data privacy laws, a pattern that the funds say led to the company being fined €1.2 billion ($1.3 billion) by European authorities.

  • March 17, 2025

    Novartis Nabs Partial Ban Against MSN's Heart Drug Generic

    Novartis AG succeeded Monday in blocking a competitor from potentially selling a similar-looking generic drug for treating heart failure, with a New Jersey federal judge remarking that MSN Laboratories Pvt. Ltd. "could have distinguished its pills," though she was less convinced that the name "Novadoz" was confusingly similar to "Novartis."

  • March 17, 2025

    ZoomInfo Says Rival's Employee Reviews Show Infringement

    Customer data platform company ZoomInfo has hauled its competitor Apollo.Io into Delaware federal court for allegedly infringing two of its patents, citing employee reviews on Glassdoor criticizing Apollo for copying and "cloning" rival products.

  • March 17, 2025

    Del. Corporate Law Rework Has Roots In 2 Academic Papers

    A proposed overhaul of Delaware's corporations law that has rocked the First State's legal world has its origins in two works published in 2021 and 2001, written by some of the same jurists who helped draft legislation driven by alarm over corporate charter exits and shareholder suits.

  • March 17, 2025

    $4.4B Alteryx Sale Was Lowball Offer, Investors Tell Del. Court

    Former stockholders of cloud-based enterprise analytics platform Alteryx Inc. have challenged the venture's allegedly lowball, $4.4 billion sale in 2024 to two private equity buyers, claiming breaches of fiduciary duty in Delaware Chancery Court that include undisclosed conflicts among directors and key officers.

  • March 17, 2025

    Austrian Biotech BIA Hits Ch. 15, Says Exec Stole $22M

    Austrian biotechnology firm BIA has filed for Chapter 15 protection in Delaware to recover assets in the U.S., alleging an executive fraudulently transferred roughly $22 million in company funds and left it insolvent.

  • March 17, 2025

    Brightmark Puts Indiana Plastic Recycling Plant Into Ch. 11

    Recycling company Brightmark LLC has put certain units into bankruptcy in Delaware in order to keep its Indiana plastics processing center operational as it pursues a sale.

  • March 17, 2025

    Forever 21 Hits Ch. 11 Again With $1.6B Of Debt, Sale Plan

    Fashion retailer Forever 21's U.S. operator has filed for Chapter 11 protection in Delaware bankruptcy court with $1.58 billion of funded debt and plans to wind down operations at its 354 U.S. stores if it fails to find a last-minute buyer for the business.

  • March 17, 2025

    'Matrix' Film Producer Files Ch. 11 After Warner Bros. Row

    Film production company Village Roadshow filed Chapter 11 in Delaware on Monday, listing about $390 million of debt and blaming a fight with production partner Warner Bros. over the release of a 2021 sequel to "The Matrix" for its financial problems.

  • March 14, 2025

    Trump Revokes Paul Weiss Security Clearances

    Paul Weiss Rifkind Wharton & Garrison LLP became the third law firm to have workers' security clearances suspended by President Donald Trump, who signed the executive order Friday, citing the firm's DEI hiring practices and the decision by a former attorney there to assist the Manhattan district attorney's investigation of Trump.

  • March 14, 2025

    Justices Set Deadline In Birthright Citizenship Injunction Row

    The U.S. Supreme Court on Friday gave states and organizations challenging President Donald Trump's executive order aimed at limiting birthright citizenship until early next month to address Trump's request for the high court to limit three federal judge's injunctions that preliminarily blocked the order's implementation across the U.S.

  • March 14, 2025

    Sensor Tech Co. Sees PTAB Ax 2 Patents, Uphold Another

    A Chinese company has swayed patent board judges to invalidate all the challenged claims in two patents covering real-time "camera-like" mapping technology — but the board upheld claims in a third patent — developed by San Francisco-based sensor technology rival Ouster.

  • March 14, 2025

    Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.

  • March 14, 2025

    Newsmax Says It Shelled Out $40M To End Smartmatic Suit

    Newsmax Media Inc. paid $40 million in last year's settlement with Smartmatic USA Corp. to put to rest the election technology company defamation suit ahead of trial, according to a disclosure recently filed with the U.S. Securities and Exchange Commission.

  • March 14, 2025

    Md. Judge Joins Calif. In Reversing Federal Workers' Firing

    A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.

  • March 14, 2025

    Coupang Hit With Corporate Fraud, Waste Claims In Chancery

    The officers and directors of tech company Coupang Inc., are facing a derivative lawsuit in Delaware Chancery Court — accused of corporate mismanagement, fraud and waste, including labor violations in South Korea.

  • March 14, 2025

    Three Arrows Beats FTX To Get $1.5B Bankruptcy Claim

    The liquidators of failed cryptocurrency hedge fund Three Arrows Capital have prevailed in a dispute with FTX Trading Ltd. over the allowance of a $1.53 billion bankruptcy claim, with a Delaware judge deciding to grant Three Arrows' bid to change its original claim despite FTX asserting that the move was made in bad faith.

  • March 14, 2025

    Judge Trims Investor's Bid To Rescind Funds From Pot Co.

    A Florida federal judge has found that an investor can't rescind a deal or claim fraud through common law in a suit alleging that the officers and agents of a cannabis company hid a $13 million tax liability when he invested.

  • March 14, 2025

    ITC To Review Toolmaker's Fish Tape, Safety Helmet Products

    The U.S. International Trade Commission has agreed to investigate an Illinois company's complaint against a competing toolmaker for allegedly infringing three patents covering glow fish tape and a safety helmet system.

  • March 14, 2025

    Canadian Accounting Service Co. Hits Ch. 15 With Sale Plan

    Vancouver-based accounting and financial services firm Bench Accounting Inc. has filed a Chapter 15 recognition in a Delaware bankruptcy court with approximately $51.5 million in liabilities and $5.1 million in assets, asking a U.S. bankruptcy court to approve a plan to sell all its assets.

  • March 13, 2025

    Trump Asks Justices To Limit Pauses Of Birthright Order

    President Donald Trump asked the U.S. Supreme Court on Thursday to limit three nationwide court orders prohibiting the implementation of his executive order aimed at limiting birthright citizenship, arguing that the coast-to-coast injunctions upended the judicial process and are trying to micromanage the executive branch.

  • March 13, 2025

    Judge Won't Toss $35M Ch. 11 Bank Fee Clawback Lawsuit

    A Delaware bankruptcy judge has denied a summary judgment bid to dismiss a lawsuit alleging that an $1.8 billion loan set medical testing company Millennium Laboratories on course for its 2015 Chapter 11.

  • March 13, 2025

    Host Co. Can't Force Bitcoin Miner From Pa. Property, For Now

    A western Pennsylvania bitcoin mining venture won a temporary restraining order in Delaware's Court of Chancery Thursday in a ruling that barred a hosting company from continuing to use or block access to more than 20,000 mining systems that had been installed for the tenant operation.

Expert Analysis

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

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    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Don't Phone A Friend: Disclosing Friendships With Executives

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    The U.S. Securities and Exchange Commission's recent settlement against a former Church & Dwight chairman for violating proxy disclosure rules by neglecting to disclose his friendship with an executive officer amid a CEO search illustrates the perils of relying solely on responses to questionnaires circulated to boards, say attorneys at BCLP.

  • Webuild Ruling Complicates Arb. Award Enforcement In US

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    A Delaware federal court's recent decision in Sociedad Concesionaria Metropolitana de Salud v. Webuild, if read literally, could undercut the United States' image as a proarbitration jurisdiction by complicating creditors' efforts to enforce awards against property in this country, says Jeff Newton at Omni Bridgeway.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

  • Budding Lessons From Landmark Plant Seed Patent Battle

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    The Corteva v. Inari case involving intellectual property rights in genetically modified plants is now proceeding through discovery and potentially to trial, and will raise critical questions that could have a major impact on the agriculture technology industry, say Tate Tischner and Andrew Zappia at Troutman Pepper.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Avoiding Merger Disputes Via Careful LLC Agreement Drafting

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    The Delaware Court of Chancery recently upheld a merger in a dispute over the process of amending the target's limited liability company agreement, underscoring the importance of understanding the Delaware LLC Act default rules and careful drafting to allow for contractual modifications, says Jane Trueper at Lathrop.

  • An Update On Legal Issues In The Drone Market

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    Marialuisa Gallozzi and Alex Slawson at Covington examine recent developments in the legal issues surrounding the growing drone market, including possible First Amendment protections, Fourth Amendment surveillance, and litigation involving criminal and civil penalties, evidentiary pursuits, and insurance.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

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