Delaware

  • 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.

  • October 14, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.

  • October 14, 2025

    Chancery Pushes Forward SaaS Co. Share Buyback Suit

    A stockholder challenge to a tech company share repurchase seen as restoring, without cost, a co-founder's majority voting control won Delaware Court of Chancery fast-tracking on Tuesday, with a vice chancellor asking if the action could implicate expanded "safe harbor" protections already under state Supreme Court review.

  • October 14, 2025

    Blood Test Co. Can't Escape Willful Infringement Claims

    A company that makes diagnostic medical tests has been denied a bid to escape from a medical research firm's claims that it willfully infringed patents when a judge held that reading the allegations in combination creates a plausible basis that the company had knowledge of the patents.

  • October 10, 2025

    Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.

  • October 10, 2025

    Chancery Resolves Caribevision TV's Control, Management

    A series of rulings by a Delaware vice chancellor on Friday resolved for now disputes over control of Caribevision TV Network LLC, the self-described media "eyes and ears of the Caribbean" that recently saw police called in to block an attempt to replace the company's CEO.

  • October 10, 2025

    'LinkedIn For Doctors' Accused In Chancery Of Inflating Data

    A shareholder of a San Francisco-based networking company for healthcare workers filed a derivative suit Friday in the Delaware Chancery Court accusing the CEO and directors of overstating user engagement and deceiving investors.

Expert Analysis

  • $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.

  • Crisis Management Lessons From The Parenting Playbook

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    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.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Opinion

    Third-Party Funding Transparency Is Key In Patent Suits

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    Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

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