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Delaware
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December 05, 2025
Insurance Broker Accuses Ex-Producers Of Client, Info Theft
Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.
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December 05, 2025
Medline Accused In Chancery Of Withholding $10M Earnout
A Florida-based holding company and its founder have sued medical supplier Medline in the Delaware Chancery Court, alleging it deliberately refused to make a $10 million payment tied to a 2023 acquisition, missed a hard deadline and is now acting in bad faith to avoid paying the key portion of the sale price.
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December 04, 2025
Judge Weighs Venue For $146M Chilean Hospital Award Feud
A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.
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December 04, 2025
Insurance Broker Tech Leader Sued In Del. Over Market Power
Alleging potential "mid-nine figures" in damages, insurance broker software venture Ardent Labs Inc. has filed a five-count suit in Delaware's Court of Chancery accusing an industry leader — Applied Systems Inc. — of "anticompetitive conduct that violates the letter and spirit of antitrust law."
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December 04, 2025
Judge OKs Plan Disclosures For AmeriFirst In Ch. 11
A Delaware bankruptcy judge agreed Thursday to grant conditional approval for bankruptcy mortgage servicer AmeriFirst's disclosure statement outlining its Chapter 11 plan, finding the objections raised by the U.S. Trustee's Office are best reserved for the plan confirmation hearing.
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December 04, 2025
Pharma Cos. Denied Early Win In States' Price-Fixing Suit
Twenty-six pharmaceutical companies failed to secure a quick win on overarching conspiracy claims in an antitrust case by the attorneys general of Connecticut and most other states, with a federal judge finding the "substantial bulk of evidence" points toward a broad industry scheme to fix 98 dermatology drug prices.
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December 04, 2025
Del. Justices Nix Challenge To $1.1B Smart & Final Sale
A three-justice Delaware Supreme Court panel has rejected with little comment a bid to revive a stockholder suit alleging disclosure failures and conflicted moves ahead of the $1.1 billion April 2019 sale of Smart & Final Stores Inc. to interests of Apollo Global Management.
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December 04, 2025
Appeal Of US Atty Invalidations May Be 'Devastating' To DOJ
As the list of interim and acting U.S. attorneys found to be unlawfully appointed under President Donald Trump grows, so too does the pressure on his administration to make the next move, which could force a risky strategic decision on whether to push the issue up to the U.S. Supreme Court, experts said.
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December 03, 2025
USPTO Gets Earful On Plan To Restrict Patent Reviews
The U.S. Patent and Trademark Office's proposed new rules to limit America Invents Act patent reviews have generated scores of forceful comments, with supporters saying the proposal will curb redundant challenges and opponents arguing it would bar legitimate reviews and exceed the office's power.
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December 03, 2025
NuVasive Urges Del. Justices To Revive Officer Conflict Suit
A Delaware vice chancellor applied the wrong standards in tossing a suit alleging a former officer of spine surgery tech venture NuVasive Inc. ran an insider scheme to lure surgeons to a competitor while planning his own jump, an attorney for NuVasive told a Delaware Supreme Court panel on Wednesday.
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December 03, 2025
ITG Urges Del. Justices To Snuff $250M Reynolds Award
An attorney for ITG Brands LLC told Delaware's Supreme Court on Wednesday that a Chancery Court ruling in April effectively rewrote contract terms, which resulted in the tobacco company's liability for more than $251 million in payments to Florida that ITG never agreed to assume under a settlement covering acquired cigarette brand liabilities.
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December 03, 2025
3rd Circ. Won't Block NLRB In Constitutionality Cases
Employers challenging the National Labor Relations Board's constitutionality can't get its cases blocked because they arise out of "labor disputes" courts are generally forbidden to meddle in, the Third Circuit said Wednesday, opening a split with the Fifth Circuit.
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December 03, 2025
Fed. Circ. Backs Axed Claims In Heart Rate Monitor Patent
The Federal Circuit on Wednesday upheld a Utah federal court's decision that claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy were invalid under the U.S. Supreme Court's Alice test.
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December 03, 2025
3rd Circ. Suggests COVID Loan Law Vexed By 'Vagueness'
The Third Circuit on Wednesday flagged ambiguities in the federal law governing pandemic relief for businesses in the case of an IT services company seeking forgiveness of a $7.2 million loan for payroll costs, with one judge suggesting the "vagueness and confusion" resulted from hasty policymaking during the COVID-19 emergency.
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December 03, 2025
Nike 'Cool Compression' Case Not Exceptional, 3rd Circ. Told
Nike argued before the Third Circuit on Wednesday that its "cool compression" trademark litigation with clothing maker Lontex Corp. was not so "exceptional" that it should pay Lontex's attorney fees, which exceed $5 million, given that the trial court and Third Circuit had previously held that the Lanham Act case was a close one.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
Ex-Bernstein Litowitz Atty Starts Firm After Contentious Exit
A former Bernstein Litowitz Berger & Grossmann LLP partner known for handling high-profile stockholder cases has led the launch of a boutique focused on corporate disputes and securities litigation after the firm says he was fired for misconduct.
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December 02, 2025
Squires Institutes First PTAB Challenges Since Taking Over
U.S. Patent and Trademark Office Director John Squires has instituted four inter partes reviews and two post-grant reviews, the first Patent Trial and Appeal Board challenges to get his sign-off since he took over the institution review process.
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
Elliott Says Millions Lost To Oil And Gas Venture Overcharges
Elliott Investment Management LP has accused SRP Capital Advisors LLC and a principal of misappropriating "tens of millions" from Elliott and other investors in an alleged scheme that began to emerge after a books and records suit in Delaware's Court of Chancery earlier this year.
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December 02, 2025
Post-Gazette Publisher Tries Again To Pause Benefits Order
If the Pittsburgh Post-Gazette must restore its union-represented editorial staff's pre-2020 healthcare benefits, it will shut down, the newspaper's publisher claimed in a brief filed with the Third Circuit, requesting another shot at pausing an injunction that compelled the paper to restore the benefits.
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December 02, 2025
Three Arrows Boosts $1.5B FTX Claim Tied To Crypto Winter
The liquidators of defunct crypto hedge fund Three Arrows Capital defended their $1.53 billion claim against FTX months after the failed exchange called it "baseless," telling a Delaware bankruptcy judge that its assets at FTX were sold just weeks before its collapse in what amounts to "classic preference."
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December 02, 2025
Judge Doubts That FEMA Funds Freeze Is Harmless
A Massachusetts federal judge on Tuesday appeared to push back on assertions by the Trump administration that states are not entitled to a court order vacating what the government says is a temporary freeze of Federal Emergency Management Agency funds intended to pay for disaster-mitigating projects.
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December 02, 2025
FAT Brands Sued In Del. For Docs On Spinoff, Other Moves
A stockholder of the FAT Brands Inc. global restaurant family sued for corporate books and records in Delaware's Court of Chancery Monday, pointing to allegedly suspicious transactions and purported debt pressures, and citing what was described as a history of purported "economic malfeasance" by FAT's management.
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December 02, 2025
3rd Circ. Weighs 'Information' Meaning In Credit Report Rift
A panel of the Third Circuit on Tuesday considered whether Experian acted reasonably when it reported that a New Jersey consumer was behind on child support payments despite the consumer's efforts to dispute that report's accuracy, questioning whether the purported delinquency had to be reported in the first place.
Expert Analysis
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Using Federal Forum Provisions To Nix State Securities Cases
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.
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Series
Playing Poker Makes Me A Better Lawyer
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.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
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.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
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.
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Patenting AI And Machine Learning In The Wake Of Recentive
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.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
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.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
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.
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Maintaining Legal Compliance For GenAI In Life Sciences
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.
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Series
Teaching Business Law Makes Me A Better Lawyer
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.
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Navigating The Expanding Frontier Of Premerger Notice Laws
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.
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Series
Law School's Missed Lessons: Mastering Discovery
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.
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Maneuvering The Weeds Of Cannabis Vertical Integration
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.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
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.
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Series
Playing Guitar Makes Me A Better Lawyer
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.
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Crisis Management Lessons From The Parenting Playbook
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.