Delaware

  • 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.

  • December 03, 2025

    NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case

    New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.

  • December 03, 2025

    Ex-Bernstein Litowitz Atty Starts Firm After Contentious Exit

    A former Bernstein Litowitz Berger & Grossmann LLP partner known for handling high-profile stockholder cases has led the launch of a boutique focused on corporate disputes and securities litigation after the firm says he was fired for misconduct.

  • December 02, 2025

    Squires Institutes First PTAB Challenges Since Taking Over

    U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.

  • December 02, 2025

    Judge Blocks Planned Parenthood Funding Cut In 22 States

    A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.

  • December 02, 2025

    Elliott Says Millions Lost To Oil And Gas Venture Overcharges

    Elliott Investment Management LP has accused SRP Capital Advisors LLC and a principal of misappropriating "tens of millions" from Elliott and other investors in an alleged scheme that began to emerge after a books and records suit in Delaware's Court of Chancery earlier this year.

  • December 02, 2025

    Post-Gazette Publisher Tries Again To Pause Benefits Order

    If the Pittsburgh Post-Gazette must restore its union-represented editorial staff's pre-2020 healthcare benefits, it will shut down, the newspaper's publisher claimed in a brief filed with the Third Circuit, requesting another shot at pausing an injunction that compelled the paper to restore the benefits.

  • December 02, 2025

    Three Arrows Boosts $1.5B FTX Claim Tied To Crypto Winter

    The liquidators of defunct crypto hedge fund Three Arrows Capital defended their $1.53 billion claim against FTX months after the failed exchange called it "baseless," telling a Delaware bankruptcy judge that its assets at FTX were sold just weeks before its collapse in what amounts to "classic preference."

Expert Analysis

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • 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.

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