Delaware

  • August 01, 2025

    AGs Sue Trump Over 'Onslaught Of Pressure' On Trans Care

    The Trump administration has improperly "weaponized" federal laws against drug misbranding, false claims and female genital mutilation as part of a pressure campaign to undermine state protections for gender-affirming care, a coalition of state attorneys general argued in a new suit Friday.

  • August 01, 2025

    Del. Bankruptcy Judge Will Retain Ga. Dorm Operator's Ch. 11

    A Delaware bankruptcy judge refused to move the Chapter 11 bankruptcy of dorm operator Corvias Campus Living-USG LLC to Georgia, entering an order Friday denying a bid by the University System of Georgia's board of regents to relocate the proceedings.

  • August 01, 2025

    States Urge High Court To Keep NIH Grant Funds Flowing

    A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.

  • August 01, 2025

    1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship

    The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.

  • August 01, 2025

    Full Fed. Circ. Won't Eye Effect Of PTAB Ax In Groupon Case

    The full Federal Circuit on Friday rejected Groupon's request for review of a decision that allowed a patent suit against it to proceed on some claims after similar ones were invalidated in an inter partes review, although two dissenting judges said the holding undermines the America Invents Act.

  • August 01, 2025

    Chancery Rules Gallagher Owes $50M In 'Earnout' Suit

    An Arthur J. Gallagher & Co. subsidiary breached a contract by withholding $50 million owed to a patent insurance and underwriting venture under first-year terms of a three-year merger and earnout deal, a Delaware vice chancellor has found.

  • August 01, 2025

    3rd Circ. Says Jury Doesn't Need Experts For Sig Sauer Suit

    A U.S. Immigration and Customs Enforcement agent who was accidentally shot in the leg does not need expert testimony to make his case that a defective gun design was the cause of his injury, since a layperson could draw their own conclusions once they understood the underlying mechanisms, a Third Circuit panel said Friday.

  • July 31, 2025

    Yahoo Says Chubb Unit Must Cover Potential EU Privacy Fines

    Yahoo says a Chubb subsidiary is obligated to cover regulatory fines that might be leveled against one of the tech company's subsidiaries for violating the European Union's data privacy law, but the insurer has refused to honor the policy, according to a lawsuit filed this week in Delaware.

  • July 31, 2025

    Justices Told State Med Mal Laws Fly In Federal Court

    A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."

  • July 31, 2025

    3rd. Circ. Lets Khalil Remain Free During Feds' Appeal

    The Third Circuit denied the Trump administration's request to fully stay a district court order releasing pro-Palestinian activist Mahmoud Khalil from immigration detention, ruling that the federal government failed to show it would be irreparably harmed without a stay.

  • July 31, 2025

    Del. Court OKs Investor Check Of Trade Desk Charter Move

    A Delaware magistrate in Chancery issued a split decision Thursday on document demands by a stockholder of The Trade Desk Inc. who sought, in part, details on the company's conversion into a Nevada chartered business, allegedly in order to preserve a billionaire co-founder's control.

  • July 31, 2025

    Casino Developer Must Stay In Involuntary Ch. 7, Judge Finds

    A Delaware bankruptcy judge has refused to throw out or convert the involuntary Chapter 7 proceedings launched against the onetime hopeful developer of a casino in Mississippi, concluding the creditors that forced it into bankruptcy did not act in bad faith.

  • July 31, 2025

    Zoom Investor Gets Final OK For Derivative Suit Settlement

    A Delaware federal judge granted final approval on Thursday to a settlement reached in a shareholder derivative suit accusing the top brass of Zoom of pulling in $172.9 million via insider sales after its 2019 initial public offering and before shares fell during the early days of the COVID-19 pandemic.

  • July 31, 2025

    PTAB Takes Down Automotive USB Patent

    The Patent Trial and Appeal Board has found that the single claim of an automotive technology supplier's patent on USBs for automobiles was invalid, agreeing with Microchip Technologies that it was obvious.

  • July 31, 2025

    ITC Judge Recommends General Import Ban In Shoe IP Case

    A U.S. International Trade Commission judge recommended a complete block on imports of women's ballet flats that the maker of Tieks shoes proved infringed its design patents on its signature blue-soled footwear.

  • July 31, 2025

    American Airlines Can't Stay Claims In Wi-Fi Patent Suit

    A Texas federal judge shot down American Airlines' bid to stay two claims in a suit accusing the airline of infringement for its use of hardware that allows for internet connection on flights, saying the airline failed to show it was merely a passive user of the technology.

  • July 31, 2025

    PE Firm Risking Contempt, Receiver In Del. Over Legal Bills

    Noting that unpaid legal bills might already support a contempt or limited receivership order against private equity 777 Partners, a Delaware magistrate in Chancery gave the company and its counsel a Monday deadline to report still-accumulating fee advancement debts.

  • July 31, 2025

    Judge Questions Gov't Objection To Shielding FEMA Funds

    A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.

  • July 31, 2025

    Immigration Board Raises Bar To Fight State Drug Convictions

    The Board of Immigration Appeals ruled that an individual fighting removal after being convicted on state drug charges has the burden of proving the law they were convicted under is broader than federal law to avoid deportation.

  • July 31, 2025

    Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing

    The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.

  • July 31, 2025

    Fintech, BofA, JPMorgan Face Class Suit Over Cyberattack

    Financial software company Finastra Technology Inc., Bank of America and JPMorgan Chase Bank NA face a proposed class action alleging they failed to properly safeguard customers' personal information that was exposed by a data breach.

  • July 30, 2025

    3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit

    A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.

  • July 30, 2025

    Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions

    Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.

  • July 30, 2025

    Court Urged To Free Micron From Netlist's Infringement Threat

    Micron has asked a Delaware federal court to conclude that it's not infringing a Netlist patent covering a computer memory technology, alleging in a complaint that Netlist keeps going after Micron with "non-credible infringement allegations of facially invalid patents."

  • July 30, 2025

    Blue Bell Class Seeks Settlement Records In Derivative Suit

    Attorneys for a Blue Bell Creameries USA Inc. stockholder class sought a Delaware Court of Chancery order compelling access to records concerning a $60 million settlement of liability claims after a deadly ice cream contamination incident in 2015.

Expert Analysis

  • 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.

  • 3 Del. Bankruptcy Cases Highlight US Trustee Objections

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    As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • Implementation, Constitutional Issues With Birthright Order

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    President Donald Trump's executive order reinterpreting the 14th Amendment's birthright citizenship clause presents unavoidable administrative problems and raises serious constitutional concerns about the validity of many existing federal laws and regulations, says Eric Schnapper at the University of Washington School of Law.

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