Delaware

  • June 27, 2025

    Justices Limit Universal Injunctions But Defer On Citizenship

    The U.S. Supreme Court ruled Friday that President Donald Trump can partially implement his executive order aimed at limiting birthright citizenship, in a ruling that significantly limits the ability of federal district court judges to issue nationally applicable orders against presidential edicts and policy initiatives.

  • June 26, 2025

    Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout

    An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.

  • June 26, 2025

    Boeing Wins Discovery Stay In Chancery Derivative Suit

    Pointing to court doctrines barring discovery while a derivative suit faces dismissal motions, a Delaware vice chancellor on Thursday grounded a Boeing Co. stockholder bid to continue demanding records pending a final decision on the company's right to control the action, which alleges massive, costly safety failures.

  • June 26, 2025

    Imerys Insurers Continue To Take Issue With Ch. 11 Plans

    Insurers that do not support talc producer Imerys Talc America's updated Chapter 11 plan told a Delaware judge Thursday that moving too swiftly toward confirmation of the new proposal will have the same results as an earlier effort, when the debtor asked to pause the proceedings after about a week.

  • June 26, 2025

    Solar Co. Meyer Burger Can Tap $10M DIP To Fund Ch. 11 Sale

    Swiss solar panel maker Meyer Burger's U.S. unit secured a Delaware bankruptcy judge's interim approval Thursday for a $10 million debtor-in-possession loan as it looks to sell two manufacturing sites in Chapter 11.

  • June 26, 2025

    Chemours Loses Bid To Keep Disclosures Suit Details Sealed

    Citing failure to specify harm from disclosure, a Delaware vice chancellor has denied Chemours Inc.'s request to keep confidential details about its internal document controls in a redacted derivative suit seeking damages arising from an alleged $575 million manipulation of company reports over two years.

  • June 25, 2025

    CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits

    An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.

  • June 25, 2025

    Solar Panel Maker Meyer Burger Puts US Unit In Ch. 11

    Swiss solar panel maker Meyer Burger Wednesday put its U.S. manufacturing affiliate into Chapter 11 in a Delaware bankruptcy court with $562 million in debt, saying it will seek a quick sale in the wake of a failure to restructure its global business.

  • June 25, 2025

    SwervePay, Buyers Duel In Del. Over Payment Tech Fraud Suit

    Dueling fraud claims have gone to Delaware's chancellor for judgment, following post-trial arguments in litigation that began with principals of e-payment facilitator SwervePay accusing the company's buyers of overstating — by tens of billions — payment volumes that would generate post-sale earnouts under a proposed 2020 acquisition.

  • June 25, 2025

    3rd Circ. Upholds $3.2M Atty Fee In Wawa Breach Suit

    The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense.

  • June 25, 2025

    3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'

    Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.

  • June 25, 2025

    Do Kwon Trial Judge Has Eye On Federal Crypto Legislation

    Federal legislation that could codify stablecoins as payment-related assets — not securities — has the potential to impact the Manhattan U.S. attorney's $40 billion criminal case against Terraform founder Do Kwon, a federal judge said Wednesday.

  • June 25, 2025

    Ga. University Contract Lands Dorm Operator In Ch. 11

    The Georgia affiliate of student and military housing provider Corvias filed for Chapter 11 protection in Delaware bankruptcy court Wednesday saying an unsustainable contract with Georgia's public universities has left it unable to support its $532 million in debt.

  • June 24, 2025

    Wash. Judge Blocks Trump Admin's EV Charging Funds Freeze

    A Seattle federal judge Tuesday issued a preliminary injunction blocking the Trump administration from withholding funds for electric vehicle charging infrastructure projects in 14 states, but stopped short of applying it to two other states and Washington, D.C., and stayed the order to give the administration time to appeal.

  • June 24, 2025

    State AGs Sue Trump Admin To Stop Billions In Grant Cuts

    A coalition of 21 states and the District of Columbia filed suit Tuesday in Massachusetts federal court, accusing the Trump administration of unlawfully using a single clause "buried in federal regulations" to nix billions of dollars in federal grant funding to the states.

  • June 24, 2025

    Chancery Won't Let Nielsen Spinoff Block Access To Data

    Nielsen Holdings Ltd. won a temporary restraining order in Delaware's Court of Chancery Tuesday blocking a spun-off consumer intelligence venture from denying access to data used by Nielsen and another company that it intends to sell to the dissenting spinoff's competitor.

  • June 24, 2025

    Judge OKs Forever 21's Ch. 11 Plan After Consensus

    A Delaware bankruptcy judge on Tuesday approved fast-fashion retailer Forever 21's Chapter 11 plan that would liquidate the debtor's remaining assets, after the debtor, key creditors, and unsecured creditors committee reached a global settlement. 

  • June 24, 2025

    P&G Worker's 'Unworthy' Ex Can't Claim $754K, 3rd Circ. Told

    The estate of a late Procter & Gamble employee has urged the Third Circuit to undo a lower court's decisions in favor of the deceased employee's "unworthy ancient girlfriend" from the 1980s, arguing that the Pennsylvania federal judge who granted that former flame the worker's $754,000 retirement fund "failed to comprehend" relevant law.

  • June 24, 2025

    Honeywell, DuPont Say Firefighters' PFAS Suit Falls Short

    Honeywell, DuPont and other companies on Monday asked a Connecticut federal judge to toss a group of firefighters' lawsuit over alleged exposure to dangerous levels of forever chemicals, saying there's no legal support for the claims.

  • June 24, 2025

    Trump Admin Must Release NIH Funds Amid Appeal

    A Massachusetts federal judge on Tuesday denied the Trump administration's request to stay a recent order that it resume processing National Institutes of Health grant applications and releasing funds, warning that even one more day of delay would lead to irreparable harm.

  • June 24, 2025

    Job Search Site Monster Hits Ch. 11 With 3 Initial Bidders

    The company behind job search website Monster.com filed for bankruptcy Tuesday, listing over $100 million in liabilities and saying in a news release that it has three stalking horse bidders for various assets lined up.

  • June 23, 2025

    FTX Trust Slams Three Arrows' 'Illogical' $1.5B Claim

    The FTX bankruptcy recovery trust on Friday objected to a $1.53 billion claim made by the now-liquidated cryptocurrency hedge fund Three Arrows Capital Ltd., saying the "illogical and baseless" claim grossly inflates the actual value of assets associated with its customers' FTX accounts, while offering zero supporting evidence.

  • June 23, 2025

    Trump SPAC's Ex-CEO Fights Alleged $1.5M Fee Holdback

    A former CEO of President Donald Trump-tied Digital World Acquisition Corp. on Monday filed an application seeking payment of more than $1.5 million in legal fee advancements, alleging in Delaware Chancery Court improper withholdings by the company despite earlier commitments to cover eligible costs.

  • June 23, 2025

    $12M Deal Proposed For Sports Bet SPAC Suit In Chancery

    Parties in a deal that took public a pair of online gambling companies once valued at $4.75 billion in 2022, including a brother of NFL Commissioner Roger Goodell, have tentatively agreed to a $12 million settlement for a Delaware Court of Chancery stockholder suit alleging overstated share values and understated risks.

  • June 23, 2025

    Imerys Ditches Italian Talc Unit In Updated Ch. 11 Plan

    Bankrupt talc producer Imerys Talc America has filed an updated Chapter 11 plan that contemplates the dismissal of its Italian affiliate from the case, noting that skepticism from a Delaware bankruptcy judge about the unit's ability to survive a challenge to its bankruptcy filing led to the decision.

Expert Analysis

  • Franchise Group Dispute Reflects Rising Intercreditor Suits

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    A recent complaint filed by senior creditors against junior creditors in the Franchise Group bankruptcy could embolden lenders to take preemptive action against one another in bankruptcy proceedings, and could affect the way secured lenders draft intercreditor agreements going forward, say attorneys at Choate.

  • Using Federal Forum Provisions To Nix State Securities Cases

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    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.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    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.

  • Chancery Ruling Raises Bar For Advance Notice Bylaws Suits

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    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.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    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.

  • Patenting AI And Machine Learning In The Wake Of Recentive

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    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.

  • Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol

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    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.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    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.

  • Maintaining Legal Compliance For GenAI In Life Sciences

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    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.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    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.

  • Navigating The Expanding Frontier Of Premerger Notice Laws

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    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.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    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.

  • Maneuvering The Weeds Of Cannabis Vertical Integration

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    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.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    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.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    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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