Delaware

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 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.

  • And Now A Word From The Panel: Choosing MDL Venues

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    One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Courts Keep Upping Standing Ante In ERISA Healthcare Suits

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    As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

  • Rare Del. Oversight Ruling Sends Governance Wake-Up Call

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    An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Rebutting Price Impact In Securities Class Actions

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    Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Resilience Planning Is New Key To Corporate Sustainability

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    While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

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