Delaware

  • 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.

  • September 03, 2025

    Delaware Powerhouse: Potter Anderson

    Potter Anderson has had a busy year between defending Mark Zuckerberg and Meta in Chancery Court cases, handling intellectual property cases for Apple, Google and IBM, representing Walmart in opioid, talc and Roundup bankruptcy cases and guiding Global Infrastructure Partners in its $12.5 billion sale to Black Rock.

  • September 02, 2025

    Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process

    Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.

  • September 02, 2025

    Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes

    In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims. 

  • September 02, 2025

    DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens

    Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.

  • September 02, 2025

    Del. Jury Awards $1.5M In Text Marketing Patent Trial

    A Delaware federal jury has awarded $1.5 million for patent infringement in a case between two companies that offer short message service marketing systems and that each alleged infringement of the other's intellectual property.

  • September 02, 2025

    Del. Court Tosses Trump Media Suit, Avoids Immunity Fight

    Citing multiple reasons to dismiss former consultant claims that they were cheated during the take-public workup for President Donald Trump's "Truth Social" media site, a Delaware vice chancellor on Tuesday tossed the suit while declining to consider assertions that presidential immunity barred the court from going forward.

  • September 02, 2025

    Jury Clears Exela In Blood Pressure Drug Patent Suit

    A Delaware federal jury has cleared Exela Pharma Sciences in a suit claiming that its injection used to treat low blood pressure during anesthesia infringed patents owned by Nexus Pharmaceuticals.

  • September 02, 2025

    3rd Circ. Probes Jurisdiction In Dispute Over NJ US Atty

    The Third Circuit on Tuesday ordered defendants and the federal government to make a case for the appeals court's jurisdiction over a district court's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two cases, saying the court "ordinarily lacks jurisdiction" over pretrial orders in criminal cases.

  • September 02, 2025

    3rd Circ. Wants NJ Justices' Input On Judicial Privacy Law

    The Third Circuit on Tuesday asked the New Jersey Supreme Court to address whether the state's judicial privacy law requires a mental state for purported infractions, a question that could prove crucial for data brokers facing dozens of lawsuits over their alleged violations of the statute.

  • September 02, 2025

    Gilead Rival Agrees Not To Sell Generic HIV Drug For Now

    A Gilead Sciences Inc. competitor has agreed not to sell a generic version of Gilead's human immunodeficiency virus treatment Biktarvy until a trio of patents expire, according to a proposal by the parties to end infringement allegations.

  • September 02, 2025

    Delaware Powerhouse: Bernstein Litowitz

    Bernstein Litowitz Berger & Grossmann LLP had another banner year representing shareholders in high-profile cases in Delaware's courts, including securing blockbuster settlements of more than $100 million in litigation with Santander Consumer USA Holdings Inc., Discovery Inc. and Walmart Inc., landing the firm on Law360's 2025 list of Delaware Powerhouses.

  • September 02, 2025

    Post-Ch. 11 Teligent 'Caremark' Suit Moves Forward In Del.

    In a rare decision, Delaware's chancellor on Tuesday kept alive "Caremark" duty of oversight claims against most former officers and directors of a generic-drug maker previously known as Teligent.

  • September 02, 2025

    'Never My Intention' To Defy Justices, Judge In NIH Case Says

    A veteran Massachusetts jurist on Tuesday responded to suggestions by two U.S. Supreme Court justices that he had defied the high court by going ahead with a bench trial on two challenges to the Trump administration's cuts to National Institutes of Health research grants, saying he would never intentionally disregard precedent.

  • August 29, 2025

    The 2025 Regional Powerhouses

    Law360's annual list of regional powerhouses reflects not only the work of exemplary firms, but also emerging legal trends in each state, from matters involving Colorado's growing life sciences industry, to an uptick in bankruptcies in Delaware, to the continued flurry of intellectual property litigation in California.

  • August 29, 2025

    Real Estate Recap: School Housing, Texas Land, Miami Transit

    Momentum in the student housing sector, limits to foreign ownership of Texas land and incentives in Miami transit zones were among the key developments covered this week in Law360 Real Estate Authority.

  • August 29, 2025

    NJ Casinos Say 9th Circ. Ruling Backs Axing Price-Fixing Suit

    A group of Atlantic City casino-hotel owners have asked the Third Circuit to review a recent decision in the Ninth Circuit involving "nearly identical" antitrust claims related to the same software the defendants in both suits used to allegedly orchestrate inflated room rates across a given area.

  • August 29, 2025

    Del. Gun Ownership Age Limit Deemed Unconstitutional

    A Delaware Superior Court judge on Friday ruled unconstitutional a state law prohibiting 18- to 20-year-olds from buying firearms or using them without the supervision of someone 21 or older, citing in part infringement of the "quintessential" right to self-defense under the state's constitution.

  • August 29, 2025

    Chancery Unwinds Wireless Co. Founder's Ouster

    The Delaware Court of Chancery ruled Friday that an executive's January removal from the board of kids phone company Gabb Wireless was invalid, saying the stockholder vote to strip Stephen Dalby from his position was orchestrated by obscuring that the company's early investors were behind the ouster.

  • August 29, 2025

    3rd Circ. Backs Walmart In Opioid Securities Disclosure Suit

    A proposed class action by Walmart investors claiming the company misled them by failing to disclose a federal opioid investigation was rejected Friday by the Third Circuit, which held the retailer's U.S. Securities and Exchange Commission filings were not false or misleading.

  • August 29, 2025

    Del. Justices Say Mattel Sleeper Suit Not Ripe For Review

    The Delaware Supreme Court has declined to step in and review a pretrial order in an insurance dispute in which Mattel Inc. and Fisher-Price Inc. seek coverage of settlements in suits over infant injuries, saying a review at this time would not terminate the case, and that there's no reason not to wait for it to be resolved at the trial court.

  • August 29, 2025

    Quinn Emanuel, Nano Dimension Debate $30M Fee Spat Venue

    Quinn Emanuel Urquhart & Sullivan LLP has urged a Massachusetts federal court to send a dispute over $30 million in legal fees allegedly owed by former client Desktop Metal back to state court to hash out claims with its parent company Nano Dimension, while Nano says the dispute belongs in Texas bankruptcy court.

  • August 29, 2025

    Concrete Co. Challenges Stockholder's Second Books Suit

    Attorneys for a concrete company taken private in an $11.5 billion merger in February have called for dismissal of a stockholder's document suit, saying he lost standing to sue for deal-related books and records when he dropped an earlier books demand and challenged the merger outright.

  • August 29, 2025

    Ex-NephroSant CEO Gets Docs Claim Tossed In Fee Row

    A Delaware vice chancellor has granted a request from NephroSant Inc.'s founder and former CEO to toss a counterclaim alleging she unlawfully accessed and deleted confidential company documents amid an investigation into her conduct, as she continues to fight to have the company cover her legal costs.

Expert Analysis

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

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