Delaware

  • September 23, 2025

    Software Co. Says Seller Is Trying To Back Out Of Merger Deal

    Software company Livefront LLC has sued in the Delaware Chancery Court to force through a stalled acquisition, accusing seller Zeal IT Consultants of trying to get out of an already agreed-upon deal.

  • September 23, 2025

    FTX Trust Seeks $1B From Crypto Miner Genesis Digital

    The recovery trust created under FTX's Chapter 11 plan has filed a lawsuit in Delaware bankruptcy court that aims to claw back more than $1 billion that FTX's founder invested in Genesis Digital Assets Ltd., accusing the bitcoin mining firm of overinflating its value and projections to secure the funds.

  • September 23, 2025

    Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.

    An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.

  • September 22, 2025

    $100K H-1B Fee Will Likely Hurt Both US And Foreign Workers

    The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.

  • September 22, 2025

    Investors Dunk Battle For Portland Hoops Team In Chancery

    An arm of sports, real estate and consumer goods venture RAJ Capital LLC sued on Monday in Delaware's Court of Chancery for a temporary restraining order enjoining interests of the Cherng Family Trust from pursuing deals, equity or other involvement in the NBA's Portland Trail Blazers.

  • September 22, 2025

    Chancery Orders New Doc Handover In Crypto Co. Merger Suit

    A busted crypto-venture merger battle resurrected by Delaware's Supreme Court last year took another turn Monday with a ruling by Delaware's chancellor compelling Galaxy Digital Holdings LLC's handover of records that crypto-wallet business Bitgo Holdings Inc. said ties Galaxy to an alleged crypto pump-and-dump scheme.

  • September 22, 2025

    J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told

    The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling. 

  • September 22, 2025

    Ligado OK'd For $7.8B Debt-For-Equity Swap Ch. 11 Plan

    A Delaware bankruptcy judge Monday agreed to approve telecommunications group Ligado Networks' debt-for-equity swap Chapter 11 plan, overruling the U.S. Trustee's objection over the plan potentially not taking effect for three years.

  • September 22, 2025

    Lighting Patent Case Against Warner Bros., Sony Stays Alive

    A Delaware federal court has refused to let entertainment industry titans Warner Bros. Entertainment, Sony Pictures Entertainment and Fox Corp. dodge a suit claiming they infringed various lighting patents, but agreed to trim some of the case.

  • September 22, 2025

    Catching Up With Delaware's Chancery Court

    Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.

  • September 22, 2025

    3rd Circ. Slams Attys For Debt Disputes Designed To Fail

    Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.

  • September 19, 2025

    Trump Tags H-1B Visa Apps With $100,000 Fee

    President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.

  • September 19, 2025

    Real Estate Recap: Rate Cut, REIT Rules, Construction Debt

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.

  • September 19, 2025

    Estée Lauder Faces Derivative Suit In Del. After Stock Drops

    An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.

  • September 19, 2025

    Victims' Families Sue Boeing, Honeywell Over Fatal 787 Crash

    The families of four passengers who were among the 260 killed in the crash of an Air India flight in June have hit Boeing and Honeywell with a product defect and negligence lawsuit in Delaware Superior Court, saying the companies ignored a defect in fuel cutoff switches.

  • September 19, 2025

    3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'

    The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.

  • September 19, 2025

    FTX Trust Says Bankruptcy Laws Apply To Binance Founder

    The recovery trust created by the Chapter 11 plan of cryptocurrency exchange FTX told a Delaware judge late Thursday that the bankruptcy court has jurisdiction over Binance and its founder in a $1.76 billion clawback suit, and that bankruptcy laws apply to entities outside the United States.

  • September 19, 2025

    MongoDB Directors, Officers Sued In Del. Over Trading

    A stockholder of software venture MongoDB sued a dozen company directors and key officers in Delaware's Court of Chancery late Thursday, seeking to recover more than $240 million allegedly lost in part to trading by insiders after the release of what the complaint said were unsupported, upbeat growth forecasts and business model changes.

  • September 19, 2025

    Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.

    The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.

  • September 18, 2025

    Delaware Judge Calls For Civility After 'Annus Horribilis'

    In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.

  • September 18, 2025

    Arbitration Clauses Won't Protect IPOs From Investor Suits

    With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.

  • September 18, 2025

    Amazon Must Face Buyers' Antitrust Suit Over Pricing Policy

    A Manhattan federal judge on Thursday allowed consumers' lawsuit targeting a policy Amazon had in place until March 2019 that restricted sellers from offering cheaper prices elsewhere to proceed under antitrust and consumer protection laws in 25 states, but tossed claims brought under Kansas, Mississippi, Missouri and Tennessee laws.

  • September 18, 2025

    DC Circ. Judge Says PJM Monitor May Have 'Hint Of Paranoia'

    The D.C. Circuit didn't seem so sure Thursday morning that the Federal Energy Regulatory Commission was flouting the rules by denying an independent market monitor access to its liaison committee meetings, with one judge saying the monitor seemed to be exhibiting a "hint of paranoia."

  • September 18, 2025

    Tech Funds Sue Crypto Data Co. Over 'Pay-to-Play' Deal

    Digital asset data firm Lukka Inc. has been sued in Delaware's Chancery Court by two London-based investment funds seeking to halt the firm's "pay-to-play" financing scheme they say would strip away their rights and senior equity position.

  • September 18, 2025

    Medical Staffing Co. Trustee Says Ex-Execs Drained Funds

    The liquidation trustee for bankrupt medical staffing company American Physician Partners has told a Delaware bankruptcy judge that former top executives drained the company with millions in unauthorized bonus payments and "made-up" consultation fees.

Expert Analysis

  • Using Federal Forum Provisions To Nix State Securities Cases

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    A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Chancery Ruling Raises Bar For Advance Notice Bylaws Suits

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    The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • Patenting AI And Machine Learning In The Wake Of Recentive

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    Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.

  • 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.

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