Delaware

  • July 29, 2025

    22 States Sue To Block Defunding Of Planned Parenthood

    California and more than 20 other states on Tuesday launched their own legal challenge to budget legislation that halts federal Medicaid funding for Planned Parenthood, alleging the measure illegally targets the organization and violates its First Amendment rights.

  • July 29, 2025

    Justices Can Fix Circuit Split On Compassionate Release

    The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell Law360.

  • July 29, 2025

    Insurer Says Misrepresentations Void Real Estate Co.'s Policy

    Material misrepresentations in a commercial real estate firm's insurance renewal application mean the insurer has no duty to defend the firm or a former director against a $6.5 million claim related to the sale of a client's properties, the insurer told an Indiana federal court.

  • July 29, 2025

    Wash. Atty Disbarred In Del. For 'Pattern Of Misconduct'

    Delaware's Supreme Court has barred a Washington attorney from practicing law in the First State, saying he "engaged in a pattern of misconduct" and "acted with a selfish or dishonest motive" by not informing a state court that granted him a temporary admission that there were pending disciplinary proceedings against him in another jurisdiction.

  • July 28, 2025

    EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit

    An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.

  • July 28, 2025

    UpHealth Moves To Toss Glocal Ch. 11 Dispute

    Bankrupt medical tech company UpHealth is urging a Delaware bankruptcy judge to nix a $200 million adversary proceeding launched by Glocal Healthcare in a bitter feud over an ill-fated merger, accusing the Indian digital healthcare services platform of bad faith through a pattern of delay and obfuscation.

  • July 28, 2025

    PE Firm Scores New Trial After Losing $1.1M Shareholder Suit

    The Connecticut Supreme Court on Monday threw out a $1.1 million verdict and ordered a new trial in a minority member's lawsuit against three other CCP Equity Partners LLC members, holding that a trial court judge misconstrued the private equity firm's operating agreement and inaccurately instructed the jury.

  • July 28, 2025

    Insurers Sued Over Refusal To Cover Arbitration Defense

    Institutional financial services venture StoneX Group Inc. sued XL Specialty Insurance Co., Ironshore Indemnity Inc. and others in Delaware state court, alleging multiple unjustified refusals to provide defense coverage in arbitration over trade secret and no-compete violations by five employees.

  • July 28, 2025

    State Justices' Financial Disclosures 'Didn't Get Worse' In '24

    Several states are making information about their Supreme Court justices' finances and potential financial conflicts somewhat more accessible, according to a new report.

  • July 28, 2025

    Catching Up With Delaware's Chancery Court

    A Delaware vice chancellor last week sent several coordinated derivative suits seeking millions of dollars in damages from AT&T to trial and also chose a boutique firm to lead a potential "blockbuster" suit challenging a take-private deal of a sports and entertainment group after "heated" attacks between competing counsel.

  • July 28, 2025

    Judge Again Cites Bias In NIH Fund Freeze As Gov't Appeals

    A Massachusetts federal judge on Monday reiterated his conclusion that the Trump administration's freeze of $783 million worth of National Institutes of Health grants was based on "palpable" gender and racial discrimination, as he acknowledged a pending request by the government to the U.S. Supreme Court to stay his order that the money be released.

  • July 28, 2025

    Judge To Weigh If FTX Prosecutors Broke Plea Promise

    A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.

  • July 25, 2025

    Coffee Co. Says Tech Firm Brewed Trademark Conflict

    A coffee roaster is accusing a coffee-focused tech firm of wrongly obtaining a trademark registration for the phrase "meet the farmer" and waging an anticompetitive campaign to damage the roaster over its use of the phrase.

  • July 25, 2025

    AI Tech Co. Execs Sued Over Insider Trading, Related Claims

    A UiPath stockholder has sued the company's current and former top brass in Delaware Chancery Court, alleging they schemed to discount UiPath's artificial intelligence-related services to pump up business while trading on insider information and reaping more than $500 million in total proceeds.

  • July 25, 2025

    Real Estate Recap: Private REITs, Farms, Crypto In Escrow?

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney perspectives on private real estate investment trusts, national security concerns raised by farmland and a recent California listing that could lead to the state's largest real estate deal using digital currency.

  • July 25, 2025

    Kalshi Tells 3rd Circ. Fed Law Bars NJ From Restricting Its Biz

    Sports betting company Kalshi's so-called prediction market that allows users to wager on the outcome of real-world events counts as a federal derivative exchange and, as a result, can't be regulated by state enforcers, the gambling company told the Third Circuit.

  • July 25, 2025

    Sports & Betting Cases To Watch In The Second Half Of 2025

    Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.

  • July 25, 2025

    Venezuela Urges Del. Judge To Reject $7B Citgo Sale

    Venezuela called on a Delaware federal judge to reject a Gold Reserve subsidiary's $7.4 billion bid to buy Citgo's parent company, arguing that the purchase price is well below half of the shares' fair market value of $18.6 billion.

  • July 25, 2025

    Insurers Seek Quick Win Over Meta Social Media Suits

    Various Hartford and Chubb units told a Delaware state court they should have no duty to defend Meta Platforms Inc. in thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing there was no insurable "accident" that allegedly occurred.

  • July 25, 2025

    Reviewing Stewart's Latest Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued just eight discretionary denial decisions over the last week, including one that addressed arguments tying in the Biologics Price Competition and Innovation Act for the first time.

  • July 25, 2025

    3rd Circ. Won't Revive Unraised Claims In Immigration Appeal

    The Third Circuit has rejected a Guatemalan mother and son's bid to overturn the Board of Immigration Appeals' denial of asylum and other removal protections, ruling that the board's summary affirmance of the underlying immigration judge's decision can't revive unexhausted claims.

  • July 25, 2025

    NGM Biopharma Investors Take $6M Deal To End Sale Suit

    The Column Group and former stockholders of NGM Biopharmaceuticals have agreed to settle for $6 million a Delaware Court of Chancery lawsuit challenging NGM's $135 million, $1.55-per-share sale to The Column Group, its pre-deal venture capital controller.

  • July 25, 2025

    3rd Circ. Won't Review $3.2M Wawa Breach Fee Award

    The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.

  • July 25, 2025

    Charter School Funder Can Sell Business For $80M In Ch. 11

    A Delaware bankruptcy judge on Friday allowed Charter School Capital Inc., a company that provides funding for charter schools across the country, to sell its business for $80 million, $15.5 million of that in cash.

  • July 25, 2025

    Chancery Tosses UpHealth Affiliate's Suit For SPAC Damages

    Pointing to "numerous defects" in the complaint, a Delaware vice chancellor on Friday tossed every count in a suit filed by investors who alleged they were misled in the run-up to a multi-business special purpose acquisition company deal to take public now-bankrupt UpHealth Holdings and Cloudbreak Health.

Expert Analysis

  • 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.

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    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.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

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