Delaware

  • August 28, 2025

    3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight

    The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.

  • August 28, 2025

    CBP, ITC Say Masimo Suit Over Apple Watch Ruling Misplaced

    The U.S. International Trade Commission and U.S. Customs and Border Protection balked at Masimo's request that a D.C. federal court temporarily block a ruling allowing imports of redesigned Apple Watches despite the companies' patent dispute, saying it's seeking relief in the wrong places.

  • August 28, 2025

    Del. Judge Rejects J&J Unit's $12M Interference Claim

    Johnson & Johnson unit DePuy Synthes Sales Inc. could not persuade a Delaware federal judge that it invented the technology behind an RSB Spine LLC spinal fusion surgery patent a jury says it owes $12 million for infringing.

  • August 28, 2025

    Attys, Judge Mull Next Steps In 'Ugly House' Trademark Trial

    A Delaware federal judge took a stab on Thursday at focusing post-trial briefing after three days of testimony on home-selling franchise HomeVestors of America Inc.'s claims that Warner Bros. Discovery's "Ugliest House In America" series has infringed its trademarks and confused customers.

  • August 28, 2025

    Yellow Corp. Shareholders Blast 4th Try At Ch. 11 Plan

    Yellow Corp.'s largest public shareholders are ripping the trucking company's fourth attempt at getting a Chapter 11 liquidating plan approved, telling a Delaware bankruptcy judge the newest one would leave "the fox guarding the henhouse."

  • August 28, 2025

    Energy Dept. Extends Pa. Plant's Lifespan, Citing Power Risks

    U.S. Department of Energy Secretary Chris Wright on Thursday ordered PJM Interconnection and Constellation Energy to continue operating a Pennsylvania power plant that was supposed to have closed in May.

  • August 28, 2025

    Chancery Says Docket For 'Routine' Matters Shows Success

    As it continues to pursue ways to streamline its docket and ease burnout concerns for its judges, Delaware's Chancery Court announced this week that a new procedure for handling "routine matters" is already showing success.

  • August 27, 2025

    47 AGs Push Search, Payment Platforms To Stop 'Deepfakes'

    A bipartisan coalition of 47 attorneys general called on search engine giants Google, Microsoft and Yahoo, as well as PayPal, Apple and other payment platforms, to step up their efforts to stop the spread of computer-generated "deepfake" images and videos, warning about the need to protect young internet users.

  • August 27, 2025

    $75K In Atty Fees Awarded After $1M Ask In Trump Media Case

    After much wrangling, a Delaware vice chancellor has granted a $75,000 attorney fee for ARC Global Investments II LLC, the investment sponsor behind the deal that took Trump Media & Technology Group public in 2024 — far from ARC's most recent ask of $1 million.

  • August 27, 2025

    3rd Circ. Backs Special Master In NFL Concussion Fee Fight

    The Third Circuit on Wednesday upheld a lower court decision that rejected awarding a law firm $3,000 in fees for representing a retired NFL player in his concussion injury litigation against the league, finding a special master properly applied Pennsylvania's lien law.

  • August 27, 2025

    MSN Warns Justices Of 'Double Standard' In Entresto Appeal

    MSN Pharmaceuticals is urging the U.S. Supreme Court to step in after the Federal Circuit barred its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying the circuit court used a broad construction of the patent to find infringement and a narrow version to uphold validity.

  • August 27, 2025

    Chancery Pressed For Faster Track In Skechers Doc Suit

    Citing post-deal deadlines for share appraisal demands, attorneys for Skechers USA Inc. stockholders asked Delaware's chancellor on Wednesday for an emergency reargument on expediting a books and records demand suit, saying that the court's "more leisurely" timetable might have overlooked the urgency.

  • August 27, 2025

    Solar Co. Failed To Give Proper Layoff Notice, Suit Says

    Solar energy company PosiGen failed to provide proper notice before terminating hundreds of employees as part of a mass layoff affecting workers at sites in Pennsylvania, Louisiana and other states, according to a proposed class action filed in Delaware federal court.

  • August 27, 2025

    Feds, Blue States Clash Over Future Of EV Funding Fight

    The Trump administration says its recent decision to release funding for new electric-vehicle charging infrastructure moots Democratic-led states' litigation challenging the prior revocation of the funding, but the states said they're still being harmed and their lawsuit should proceed.

  • August 27, 2025

    Investors Accuse Suns Owner Of Undermining Minority Stakes

    Two groups holding minority stakes in the NBA's Phoenix Suns and WNBA's Phoenix Mercury sued for company documents in Delaware's Court of Chancery Wednesday, alleging there is a lack of transparency and majority owner Mat Ishbia is attempting to dilute their investment.

  • August 27, 2025

    DOJ Seeks To Expedite Appeal Over NJ US Atty Role Dispute

    The U.S. Department of Justice asked the Third Circuit to expedite its appeal of a Pennsylvania federal judge's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two criminal cases, emphasizing the critical questions about her authority under federal law and the fact that the dispute has delayed multiple pending trials.

  • August 26, 2025

    Disney Prevails In Multimedia Patent Challenge At PTAB

    The Patent Trial and Appeal Board has sided with Disney in its challenge to claims in a patent for marketing and distributing multimedia, finding that prior inventions rendered the claims too obvious for patent protection.

  • August 26, 2025

    Expert Sees No 'Ugly House' Mixup In Warner Bros. IP Case

    During the second day of trial in Delaware federal court, a trademark litigation survey expert testified she found no public confusion with respect to Warner Bros. Discovery Inc.'s "Ugliest House in America" series and HomeVestors Inc.'s house-flipping business and "Ugliest House of the Year" campaign.

  • August 26, 2025

    How This Firm Hit Its Stride With 9-Figure Patent Verdicts

    When several Russ August & Kabat attorneys secured a $122 million jury verdict for a client in an advertising patent infringement case against Amazon last summer, they kicked off a streak of nine-figure verdicts for the firm, including a $175 million win last month in front of a Texas federal jury.

  • August 26, 2025

    Skechers Investor Sues For Docs In $9.4B Take-Private Deal

    Skechers faces a lawsuit in Delaware's Court of Chancery from a company stockholder seeking access to corporate records over concerns that 3G Capital's $9.4 billion deal to take the footwear giant private would unfairly give Skechers' founders a "substantial equity stake" and continued leadership roles in the surviving company.

  • August 26, 2025

    Pioneer Health Objects To Banker's Ch. 11 Fee Application

    Clinic operator Pioneer Health Systems LLC, which had its Chapter 11 plan confirmed late last year, objected to a $500,000 fee application from a firm that had acted as its investment banker, saying the payout hinged on a sale Pioneer never fully carried out.

  • August 26, 2025

    SEC Says Nikola's Ch. 11 Plan Mischaracterizes $80M Penalty

    The U.S. Securities and Exchange Commission objected to the Chapter 11 plan of electric-truck maker Nikola Corp. on Tuesday, saying the plan improperly treats the agency's $80 million civil penalty claim as if it were a damages claim behind other unsecured creditors in the priority scheme.

  • August 26, 2025

    UpHealth Strikes Chapter 11 Deal With Glocal

    Bankrupt medical technology company UpHealth told a Delaware bankruptcy court that it has reached a settlement resolving Indian company Glocal Healthcare's $200 million adversary proceeding in a bitter feud over an ill-fated merger. 

  • August 26, 2025

    3rd Circ. Says Tossing Undated Mail Votes Is Unconstitutional

    The Third Circuit ruled Tuesday that Pennsylvania discarding mail-in ballots with missing or incorrect dates violates voters' constitutional rights, reasoning that preventing the loss of votes outweighed any claimed benefits of enforcing the state's date requirement.

  • August 26, 2025

    Court Asked To Reconsider Burford Capital Arb Fight Ruling

    German entity Financialright Claims GmbH is urging a Delaware federal court to reconsider a decision ordering the company to arbitrate its dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, saying "a clear error of law" in the ruling needs to be corrected.

Expert Analysis

  • 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.

  • 5 Ways Lawyers Can Earn Back The Public's Trust

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    Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.

  • Notable Q2 Updates In Insurance Class Actions

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    Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.

  • Series

    Hiking Makes Me A Better Lawyer

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    On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.

  • 6 Tips On Drafting Machine Learning Patents Post-Recentive

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    While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.

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