Delaware

  • July 23, 2025

    Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits

    A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.

  • July 23, 2025

    Sen. Collins Opposes Bove For 3rd Circ. Over Bias Concerns

    Sen. Susan Collins, R-Maine, will oppose the confirmation of Emil Bove to the Third Circuit, and Sen. Lisa Murkowski, R-Alaska, has also indicated her likely opposition.

  • July 23, 2025

    Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says

    A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.

  • July 22, 2025

    States, Asbestos Claimants Seek Claim Purge Block In Del.

    An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.

  • July 22, 2025

    Fed. Circ. Won't Stop Entresto Generic During Novartis Appeal

    The Federal Circuit won't stop MSN Pharmaceuticals from releasing its generic version of Novartis' blockbuster cardiovascular drug Entresto while the latter appeals a noninfringement ruling, according to a Tuesday order.

  • July 22, 2025

    Del. Boutique Wins 'Heated' Battle To Lead Endeavor Suit

    Litigation boutique Abrams & Bayliss LLP has been handed the reins to a potential blockbuster lawsuit alleging that sports and entertainment giant Endeavor Group Holdings was undervalued in a $13 billion take-private deal, with a Delaware vice chancellor on Tuesday settling what she described as a "heated," and at times personal, leadership fight in the case.

  • July 22, 2025

    Power Cos., PJM Back FERC Auction Rerun Decision

    Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.

  • July 22, 2025

    Phone Co.'s Stockholder Disputes Not Covered, Insurers Say

    A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.

  • July 22, 2025

    Divided 3rd Circ. Backs ICE Detention Contracts In NJ

    A split Third Circuit panel on Tuesday backed a lower court's decision invalidating a New Jersey state law barring detention centers from contracting with U.S. Immigration and Customs Enforcement, ruling that the law directly regulates the federal government.

  • July 22, 2025

    Chancery Tosses Derivative Suit For Pharma Lawsuit Costs

    A Delaware vice chancellor tossed on Tuesday a Corcept Therapeutics Inc. stockholder suit seeking derivative recovery of millions the company paid out to regulators for "aggressive" off-label marketing and sales of its sole drug, used to treat complications of the rare disease Cushing's syndrome.

  • July 22, 2025

    IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud

    The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.

  • July 21, 2025

    Novartis Can't Block Generic Entresto Amid TM Feud Appeal

    The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.

  • July 21, 2025

    Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime

    The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.

  • July 21, 2025

    Avon, Insurers Spar At Ch. 11 Plan Hearing Over Talc Trust

    Avon made its case Monday to a Delaware bankruptcy judge for its Chapter 11 liquidation plan, while insurers that issued policies to the cosmetics company alleged its proposal to pay talc injury claims through a trust funded by insurance coverage was unfair to them.

  • July 21, 2025

    $10M Deal Proposed To End Gaming Co. SPAC Suit In Del.

    Attorneys for online gaming company Skillz Inc. stockholders have proposed a $10 million settlement for a blank check company merger suit alleging $13.5 million in damages following a deal in December 2020 that valued the company at $3.5 billion.

  • July 21, 2025

    Calif. High Court Says Biotech Investor Suit Belongs In Del.

    The California Supreme Court on Monday ruled that a lawsuit pursued by a minority investor alleging San Diego-based EpicentRx and its officers bamboozled investors belongs in Delaware Chancery Court, rejecting arguments that enforcing the biopharmaceutical company's forum selection clause violated Golden State jury trial protections.

  • July 21, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.

  • July 21, 2025

    Pet Care App Wag! Plans To Go Private In Ch. 11

    The pet care app Wag! filed for bankruptcy on Monday, saying it expects to have a prepackaged restructuring plan confirmed in just over a month that will transfer ownership of the publicly traded company to its secured lender.

  • July 21, 2025

    Archer Aviation Can't Ditch Suit Over $1.7B SPAC Merger

    Most claims moved toward trial Monday in a Delaware Court of Chancery suit accusing principals of a blank-check company that took vertical takeoff-and-landing aircraft venture Archer Aviation Inc. public of overhyping its strength and outlook, breaching their fiduciary duties and unjustly enriching themselves.

  • July 18, 2025

    Law360 Names 2025's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.

  • July 18, 2025

    Allergan Wins $56M In Patent Trial Over Revance Botox Rival

    A Delaware federal jury Friday awarded Allergan $56 million in damages when finding in favor of the Botox maker in a patent suit over Revance's Botox competitor, Daxxify, rejecting Revance's contention that claims from three Allergan patents were invalid.

  • July 18, 2025

    ​​​​​​​3rd Circ. Pick 'Respected' By Trump, Mysterious To Senators

    The senior White House lawyer nominated to represent Delaware on the Third Circuit is a constitutional scholar and presidential immunity defender touted as "highly respected" by President Donald Trump, although some Delaware lawmakers have questioned her ties to the First State.

  • July 18, 2025

    Real Estate Recap: Budget, 2025 Deals, Coney Island Gamble

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate attorney perspectives on the new federal budget, the law firms that guided the biggest deals of 2025's first half and why one BigLaw attorney is betting on a Coney Island development.

  • July 18, 2025

    Stewart Issues Discretion Decisions For 56 More Petitions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.

  • July 18, 2025

    Chancery Tosses Twitter Investor's $1.9M Stock Drop Suit

    A Washington state computer software engineer who sued Elon Musk and affiliated entities in Delaware's Court of Chancery hoping to recoup a $1.88 million loss on Twitter shares he sold when Musk briefly backed out of a deal for the social media company lost on all counts on Friday.

Expert Analysis

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Maintaining Legal Compliance For GenAI In Life Sciences

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    As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

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    The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

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