Delaware

  • September 05, 2025

    Sierra Club Looks To Secure Border Wall Settlement Funds

    The Sierra Club and a nonprofit ally asked a California federal judge to order the Trump administration to preserve at least $50 million of border wall construction funds to pay for environmental projects required by a settlement struck with the Biden administration.

  • September 05, 2025

    Merck Shakes Off Some Claims From Cholesterol Drugs Suit

    A New Jersey federal judge has partly granted a request from Merck & Co. to dismiss claims brought by Humana over an alleged anticompetitive scheme to control distribution of cholesterol drugs Zetia and Vytorin, tossing several proposed theories of monopolization but allowing unjust enrichment claims and state law antitrust claims to survive.

  • September 05, 2025

    3rd Circ. Affirms Feds' Primacy Over Pa. Grid Project

    The Third Circuit ruled in a precedential decision on Friday that the Pennsylvania Public Utility Commission's blocking of a transmission line project in the state was unconstitutional because it hampered federal objectives, affirming a lower court's ruling that the commission lacked the authority to halt construction.

  • September 05, 2025

    Nikola Ch. 11 Plan OK'd Despite Founder's Pardon Objection

    A Delaware bankruptcy judge Friday approved the Chapter 11 plan of electric-truck maker Nikola Corp., overruling an objection from the company's former CEO that was tied to his treatment under the plan and a pardon issued by President Donald Trump.

  • September 05, 2025

    3rd Circ. Backs Jailing Supervised Release Violators

    The Third Circuit ruled in a published opinion issued Friday that federal district judges have the power to send criminal defendants back to prison while they await a hearing on whether they violated the terms of their supervised release.

  • September 05, 2025

    Tesla Proposes Making Musk The Trillion-Dollar Man

    Texas-based Tesla on Friday proposed a pay package for CEO Elon Musk that could earn him a trillion dollars' worth of stock, if he meets certain corporate objectives over the next decade. It is believed to be the first trillion-dollar corporate compensation package in history.

  • September 05, 2025

    Delaware Powerhouse: Pachulski Stang

    The robust roster of seasoned bankruptcy professionals at Pachulski Stang has kept it on the leading edge of Delaware's insolvency industry as it continues to represent an array of clients, including debtors Yellow Corp., Sientra Inc. and Synthego Corp., and creditors for Village Roadshow, Weight Watchers and 99 Cents Only.

  • September 05, 2025

    3rd Circ. Says Atty Needs Client OK To Admit Crime Elements

    The Third Circuit has upheld a New Jersey man's conviction for unlawfully possessing a firearm as a felon, ruling that his lawyer could not admit part of the crime on his behalf when the client himself objected.

  • September 05, 2025

    CEO's Alleged Threat After Records Demand Prompts Del. Suit

    A major stockholder and officer of a health risk software venture who reported receiving a threatening reply from the company's CEO when he requested records has sued for the documents in Delaware's Court of Chancery, saying the earlier request was otherwise ignored.

  • September 04, 2025

    18 States Fight Trump Admin's Bid To End Haitian Protections

    A coalition of 18 states led by Massachusetts, California and New York has thrown its weight behind immigrants challenging the Trump administration's effort to remove temporary protected status for more than 250,000 Haitians in D.C. federal court, arguing TPS-eligible Haitians contribute $4.4 billion annually to the U.S. economy.

  • September 04, 2025

    Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal

    A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.

  • September 04, 2025

    Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees

    The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.

  • September 04, 2025

    Hedge Fund Shareholders Push To Dismiss $300M Asset Suit

    A derivative lawsuit from shareholders who allege that leaders of an investment fund allowed an exchange of over $300 million in diversified assets for "worthless" illiquid equity considers a novel issue of Delaware law and should be dismissed without prejudice, counsel for the shareholders told the North Carolina Business Court on Thursday at a hearing.

  • September 04, 2025

    GSK Adds Moderna's New COVID Vaccine To Del. IP Suit

    GlaxoSmithKline Biologicals is broadening its patent infringement suit against Moderna Inc. to include the latter's new family of COVID-19 vaccines, mNEXSPIKE.

  • September 04, 2025

    Albertsons Says Kroger CEO Docs Fair Game In Del. Suit

    An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.

  • September 04, 2025

    Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale

    The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.

  • September 04, 2025

    3rd Circ. Preview: Sept. Features Biosimilars, Gambling Cases

    The Third Circuit's September argument lineup is packed with cases centering on the biosimilars segment of the pharmaceutical industry and gambling companies embroiled in disputes originating from New Jersey.

  • September 04, 2025

    Delaware Powerhouse: Morris Nichols Arsht & Tunnell

    Nearly 100 years after the founding of what has become one of the nation's top corporate and commercial law firms, Delaware-headquartered Morris Nichols Arsht & Tunnell LLP is heading into its second century in the thick of high-stakes litigation and as a leader in multiple practice areas.

  • September 03, 2025

    Derivative Claim Miss Dooms Chancery Squeeze-Out Suit

    A minority stockholder suit alleging a $15 million "sham foreclosure" of storage venture Clutter Holdings Inc. — allegedly once worth $1.2 billion — was tossed Wednesday in Delaware's Court of Chancery, in a ruling that found the claims unsupportable or derivative and ineligible for direct investor recoveries.

  • September 03, 2025

    3rd Circ. Says Preclusion Ends NJ Foreclosure Fight

    The Third Circuit affirmed a bankruptcy court's order allowing Nationstar Mortgage to proceed with a home foreclosure sale, finding that the homeowner was trying to relitigate the exact same issues she had already lost in state court.

  • September 03, 2025

    SilverRock Gets More Time To Control Its Ch. 11 Case

    Bankrupt California resort developer SilverRock Development received approval to extend the exclusive control window in its Chapter 11 case for four months, with a Delaware judge saying the debtor has made enough progress in the complex proceedings to warrant the extension.

  • September 03, 2025

    Del. Justices Mull Sports Media Co. Investors' Doc Appeal

    An attorney for sports streaming platform FloSports Inc. told a Delaware Supreme Court panel on Wednesday that three company stockholders put themselves in a "self-inflicted" predicament by pursuing revised, but unsupported, demands for company documents that were ultimately dismissed by the state's chancellor.

  • September 03, 2025

    Wash. Court Pressed To Immediately End EV Funding Freeze

    Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.

  • September 03, 2025

    Tech, Small Biz Groups Push Against Value-Based Patent Fees

    An array of groups representing tech companies, small businesses and more wrote a letter to the leaders of the House and Senate Judiciary Committees, urging them to oppose the Trump administration's reported plan to charge patent owners a new fee based on the value of their patents.

  • September 03, 2025

    Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.

Expert Analysis

  • 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.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • 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.

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