Delaware

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • December 01, 2025

    Merck Wants Fed. Circ. Redo On Decision Backing Axed IP

    German drugmaker Merck has asked the Federal Circuit to rethink its decision upholding the invalidation of claims in two patents on the blockbuster multiple sclerosis drug Mavenclad, saying the ruling creates a rule where inventors' work can later be used against them.

  • December 01, 2025

    Chancery OKs $9.4M Deal To End Sears Take-Private Suit

    Terming it a settlement that is "easy to approve," a Delaware vice chancellor on Monday OK'd a $9.37 million deal to end a suit contesting investor payouts after a take-private deal for Sears Hometown and Outlet stores in 2019.

  • December 01, 2025

    Chancery Tosses Suit Challenging Auto Repair Biz Sale Nix

    Investors in affiliates of auto repair venture Repairify Inc. failed to show an enforceable fiduciary duty breach when they launched a derivative suit accusing the company's controller and others of snubbing a push to sell the business, a Delaware vice chancellor declared on Monday.

  • December 01, 2025

    AGs Push For Law To Boost Tribal Access To US Marshals

    Thirty-nine state attorneys general are calling on federal lawmakers to pass legislation that would allow the U.S. Marshal's Service to assist tribal law enforcement in tracking down individuals with felony warrants, saying it's vital to public safety and to address the Missing and Murdered Indigenous People crisis.

  • December 01, 2025

    Chancery Sets Standard In Scottish Re Case

    The Delaware Chancery Court has signed off on the framework that will govern how scores of insurers press claims in the liquidation of Scottish Re (U.S.) Inc., issuing an opinion to spell out when courts must defer to the state insurance commissioner and when they must step in.

  • December 01, 2025

    Chancery Says Harassment Doesn't Breach Fiduciary Duty

    Delaware's Chancery Court tossed a suit from the founder of a credit repair company who claimed an ex-director breached his fiduciary duties by engaging in sexual harassment that led to $1.8 million in judgments, ruling that workplace sexual misconduct can't trigger corporate liability.

  • December 01, 2025

    Venezuela Will Challenge $5.9B Sale Of Citgo Parent

    Venezuela, the country's state-owned oil company and others have appealed a Delaware federal judge's order approving the $5.89 billion sale of Citgo Petroleum's parent company to an affiliate of hedge fund Elliott Investment Management LP, potentially delaying the long-awaited sale of Venezuela's most significant seizable asset.

  • December 01, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.

  • December 01, 2025

    3rd Circ. Says Habba Barred From Serving As Acting US Atty

    President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.

  • November 26, 2025

    21 AGs Sue USDA Over SNAP Rollbacks For Permanent Residents

    Twenty states and the District of Columbia sued the U.S. Department of Agriculture on Wednesday over new agency guidance barring certain categories of permanent residents from receiving federal food assistance benefits.

  • November 26, 2025

    NJ County Wants Out Of State's $400M PFAS Deal With 3M

    A New Jersey county is asking a federal court to exclude it from 3M Co.'s $400 million forever chemical pollution settlement with the state, saying it would rather go after the company on its own for more money.

  • November 26, 2025

    AGs Urge Congress To Reject Trump's Ban On State AI Laws

    Attorneys general from 32 states are urging Congress to preserve their ability to pass laws regulating artificial intelligence, contending that the Trump administration's renewed proposal to insert a moratorium into a federal spending bill would leave states powerless in the face of AI-powered scams, harmful chatbot hallucinations and other emerging dangers.

  • November 26, 2025

    Intel Prevails As Judge Finds Ex-Philips Patents Abstract

    A Delaware federal judge has ruled that two patents on transferring content, which were originally issued to Philips, are invalid for claiming only abstract ideas, handing a victory to accused infringer Intel Corp.

  • November 26, 2025

    Golf Cart Battery Co. Urges Chancery To Block Rival's Sales

    A Texas-based golf cart battery maker is asking the Delaware Chancery Court for an emergency order barring a distributor from selling newly acquired Bolt Energy USA batteries, arguing the move would violate a still-active noncompete period and irreparably damage the young lithium battery maker's reputation and customer base.

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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