Delaware

  • October 16, 2025

    Jazz Denied Preferred Drug Royalty Rate, But Still Gets Boost

    A Delaware federal judge has agreed to increase the royalty rate a specialty drugmaker has to pay drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind a newer narcolepsy drug, but by less than what Jazz asked for.

  • October 16, 2025

    Gabelli, Entwistle Make Lone Paramount Suit Pitch In Del.

    A fund of Paramount Global Inc. investor Mario Gabelli notified Delaware's Court of Chancery on Thursday that no other stockholders have sought to lead a suit challenging Paramount Global's $8.4 billion acquisition by David Ellison's Skydance Media, with the fund seeking lead plaintiff status and Entwistle & Cappucci and Farnan LLP to be lead counsel.

  • October 16, 2025

    Bankrupt Rite Aid Trust Sues Walgreens Over Opioid Costs

    A trustee for Rite Aid Corp.'s bankruptcy estate has sued Walgreens Boots Alliance Inc. and a subsidiary, Walgreen Co., in Delaware Chancery Court, accusing the pharmacy giant of failing to cover tens of millions of dollars in opioid epidemic-related litigation costs that it had agreed to cover.

  • October 16, 2025

    Justices Asked To Rethink Gellert Seitz Malpractice Ruling

    Lawyers for a homebuilder are asking Delaware's Supreme Court to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence handling loan-restructuring disputes, arguing that key issues have been left unresolved.

  • October 16, 2025

    Nexus Wants New Trial After Exela Cleared In $89M IP Case

    Nexus Pharmaceuticals has asked a Delaware federal judge to order a new trial on its patent infringement claims against rival Exela Pharma Sciences, saying a jury that cleared Exela of those claims in September did so "against the great weight of evidence."

  • October 16, 2025

    3rd Circ. Says FLSA Doesn't Limit Class Member Settlements

    The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.

  • October 16, 2025

    3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers

    The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.

  • October 15, 2025

    Top Del. Judge Details Views On Willful Infringement Issues

    A lawsuit cannot provide an accused infringer with the notice needed for a patent owner to allege indirect and willful infringement, and enhanced infringement demands aren't subject to dismissal motions, Delaware's top judge has ruled.

  • October 15, 2025

    3rd Circ. Clears Cannabis REIT In Investor Fraud Suit

    The Third Circuit on Wednesday affirmed the dismissal of a securities fraud class action against a cannabis-focused real estate investment trust that alleged the trust violated securities laws by ignoring red flags about a tenant, with the panel finding that investors failed to show they were intentionally misled.

  • October 15, 2025

    Boy Scouts Claimants Look To Remove Slater, Citing Probe

    Alleging trial lawyer case aggregators at Slater Slater Schulman have "run amok" in the Boy Scouts sexual abuse case, a claimants group has moved for a bankruptcy court order terminating contingency fee legal service agreements with victims and a reduction in fees paid to the firm.

  • October 15, 2025

    Chancery 'Rewrote' $3.4B Merger Deal, J&J Tells Del. Justices

    Johnson & Johnson told the Delaware Supreme Court on Wednesday that the Chancery Court "rewrote" its $3.4 billion agreement for the acquisition of surgical robotics firm Auris Health, wrongly using the implied covenant of good faith and fair dealing to impose obligations the company never accepted.

  • October 15, 2025

    3rd Circ. Weighs If AR-15s Are 'Dangerous,' 'Unusual' Arms

    The full Third Circuit on Wednesday quizzed counsel in a gun rights case about whether AR-15s, other widely owned semi-automatic firearms, and high-capacity magazines should be considered so "dangerous" or "unusual" as to not be protected by the Second Amendment, with the panel giving no clear leanings as to how it might rule.

  • October 15, 2025

    Patent Decisions Clearing Ford, BMW Upheld By Fed. Circ.

    The Federal Circuit on Wednesday refused to revive cases accusing Ford and BMW of infringing a pair of cruise control system patents, affirming how a lower court construed key claim terms when it cleared the automotive giants in the litigation.

  • October 15, 2025

    States Seek To Revive FEMA's Disaster-Mitigation Funding

    A group of 22 states and the District of Columbia urged a Massachusetts federal court Wednesday to block the Trump administration's termination of a disaster mitigation program under the Federal Emergency Management Agency, arguing such authority lies with Congress.

  • October 15, 2025

    Del. Justices Ask How Court Can Uphold Musk Pay Unwinding

    A Delaware Supreme Court justice on Wednesday pressed a Tesla Inc. stockholder class attorney on how founder Elon Musk — facing a Court of Chancery strike-down of his $56 billion, multiyear compensation plan — can be "put back to the status quo ante after six years of achieving what he was asked to achieve."

  • October 15, 2025

    3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez

    The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.

  • October 14, 2025

    NJ, Del. Judges Stress Value Of Local Counsel For IP Attys

    Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.

  • October 14, 2025

    Skinny Labels, Orange Book Take Center Stage In IP Talks

    Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.

  • October 14, 2025

    Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case

    The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • October 14, 2025

    Mining Company Seeks Judge's Removal From Citgo Auction

    A bidder in the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt has asked to disqualify a Delaware federal judge from the forced judicial auction, saying it submitted the top bid of $7.9 billion but unfairly lost out to a competitor's lower bid.

  • October 14, 2025

    LG Subsidiary Sued In Del. Over Share Pledge Blocks

    Two tech company stockholders sued a majority shareholding affiliate of LG Electronics Inc. in Delaware's Court of Chancery Tuesday, alleging wrongful blocking of rights to pledge shares of the tech company for loans and accusing Zenith of scheming to squeeze out minority investors.

  • October 14, 2025

    Split 3rd Circ. Won't Redo Order To Count Undated Ballots

    The Third Circuit on Tuesday narrowly rejected a request to take another look at its ruling that Pennsylvania's counties can not discard mail-in ballots with misdated or absent dates on their outer envelopes, with six of the 14 circuit judges, including new-Trump appointee Judge Emil Bove, voting to reconsider its ruling in light of emerging election law in the state.

  • October 14, 2025

    Prime Core's Trust Seeks $93.6M Clawback After Bankruptcy

    The litigation trust overseeing bankrupt crypto custodian Prime Core Technologies Inc. has launched a clawback suit in the U.S. Bankruptcy Court for the District of Delaware, seeking to recover nearly $93.6 million in alleged preferential transfers made to a London-based trading partner in the weeks before Prime's collapse.

  • October 14, 2025

    3rd Circ. Vacates Injunction Over Erie Indemnity Fee Claims

    A Pennsylvania federal court erred in preliminarily halting a state court action challenging Erie Indemnity Co.'s collection of a management fee, the Third Circuit ruled Tuesday, rejecting Erie Indemnity's position that two similar, now-dismissed lawsuits precluded the state court action from proceeding.

  • October 14, 2025

    Judge Slams Feds' 'Ham-Handed' Bid To Skirt DHS Aid Order

    The U.S. Department of Homeland Security and other federal agencies did "precisely" what a Rhode Island federal court forbade when they recently told states that they must agree to help with immigration enforcement in order to receive disaster and security funding, a judge ruled Tuesday.

Expert Analysis

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

  • Del. Ruling Reaffirms High Bar To Plead Minority Control

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    The Delaware Court of Chancery's recent decision in Witmer v. Armistice maintains Delaware's strict approach to control and provides increased predictability for minority investors in their investment and corporate governance decisions, says Elena Davis at Ropes & Gray.

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

  • Why Justices Seem Inclined To Curtail Del. Affidavit Statute

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    After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.

  • Series

    Adapting To Private Practice: 3 Tips On Finding The Right Job

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    After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

  • Series

    Painting Makes Me A Better Lawyer

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    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • $100K H-1B Fee May Disrupt Rural Healthcare Needs

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    The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

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