Delaware

  • August 25, 2025

    Del. Justices Won't Revive Hunter Biden Defamation Suit

    Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.

  • August 25, 2025

    Warner Bros. Denies 'Ugly House' Infringement At Del. Trial

    An attorney for Warner Bros. Discovery Inc. told a Delaware federal judge on Monday its popular "Ugliest House in America" show had "nothing to do" with HomeVestors of America Inc.'s "Ugly House" competition, kicking off an infringement trial where the latter company is seeking millions in disgorgement.

  • August 25, 2025

    Title Insurer Beats Ex-Board Member's Fiduciary Duty Claims

    Connecticut title insurer CATIC, its Delaware and Florida corporate arms, and 12 of its senior leaders have escaped fiduciary duty claims from a lawyer who challenged his purported ejection from two boards of directors after an audit allegedly revealed accounting problems at his Hartford law firm.

  • August 25, 2025

    Auto Parts Supplier Targets Tilton In $39M Clawback Case

    An auto parts supplier asked a Michigan state court to hold collateralized debt promoter Lynn Tilton and several other defendants liable to the tune of nearly $40 million, alleging they had been involved in an asset transfer aimed at ducking a judgment in the plaintiff's favor.

  • August 25, 2025

    Texas Wants To Back Trump In Calif. Vehicle Waiver Fight

    Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.

  • August 25, 2025

    Marelli Wins Ch. 11 Ruling To Resume Arbitration In Italy

    A Delaware bankruptcy judge said he would lift the automatic stay on an arbitration proceeding in Italy, finding that it wouldn't prejudice a company with counterclaims against automotive parts manufacturer Marelli Corp.

  • August 25, 2025

    Feds, Wind Farm Backers Duel For Wins In Permitting Fight

    As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.

  • August 25, 2025

    3rd Circ. Again Rejects Atty's Fee Row With Pierce Bainbridge

    The Third Circuit on Monday denied Philadelphia attorney Bruce Chasan a third chance to litigate a long-running fee dispute with Pierce Bainbridge Beck Price & Hecht LLP over a client who unsuccessfully sued Microsoft over allegedly stealing his image for a video game.

  • August 25, 2025

    Delaware Jury Clears Anker In Charger Patent Trial

    A Delaware federal jury has cleared Chinese electronics manufacturer Anker of allegations that it infringed two power converter patents with its charger products, while also finding that claims in the patents were invalid.

  • August 22, 2025

    DOJ Investigation Of NY AG Condemned By AGs Of 21 States

    A coalition of 21 attorneys general Friday issued an open letter saying the U.S. Department of Justice is investigating New York Attorney General Letitia James and condemning the probe as political payback for the financial fraud claims she pursued against President Donald Trump and his New York-based businesses.

  • August 22, 2025

    9th Circ. Blocks Meta's MDL Discovery Against State Agencies

    The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.

  • August 22, 2025

    3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening

    A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.

  • August 22, 2025

    Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules

    Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.

  • August 22, 2025

    BNSF Sued In Del. Over 19 Locomotive Purchase Terms

    The Georgia-based owner of 19 locomotives leased to the nation's largest freight railroad in 2005 has sued in Delaware for their return, after Texas-headquartered BNSF Railway initiated a purportedly too-late, unilateral plan to hold and buy the equipment after a contested arbitration.

  • August 22, 2025

    Real Estate Recap: 401(k) Boost, Eyes On Florida

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into what President Donald Trump's executive order on retirement fund investing means for real estate assets, as well as the biggest issues Florida real estate practitioners are watching in the second half of 2025.

  • August 21, 2025

    UPenn Gene Therapy Patent Survives Sarepta's PTAB Challenge

    The Patent Trial and Appeal Board on Thursday declined to wipe out a claim in a University of Pennsylvania gene therapy patent, denying a win to Sarepta Therapeutics Inc., which is fighting an infringement case in Delaware federal court.

  • August 21, 2025

    Nikola SPAC, Related Settlements Reach $33.75M In Del.

    A multi-court string of settlements has produced a $33.75 million proposed payout for stockholders who alleged in direct and derivative state and federal actions that they were misled in deals that took electric vehicle maker Nikola Corp. public.

  • August 21, 2025

    Del. Judge Outlines Misconduct Behind Amgen's $50M Relief

    A Delaware federal judge overruled German biotech company Lindis's $50 million patent infringement win against Amgen, finding an inventor purposefully withheld harmful information from the U.S. Patent and Trademark Office, according to an opinion made public Wednesday.

  • August 21, 2025

    Consumer Advocates Blast FERC Inaction On Power Auction

    Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.

  • August 21, 2025

    States Urge 2nd Look At $185M Metals Fraud Ruling

    State regulators are asking a Texas federal judge to reconsider a ruling that threatens a $185 million fraud case before it can be brought to trial in October, saying that the judge contradicted ruling precedent when he decided that metals like gold and silver don't qualify as commodities in some instances.

  • August 21, 2025

    Claire's Gets Interim Approval For $22.5M DIP Facility

    A Delaware bankruptcy judge on Thursday gave interim approval to bankrupt jewelry chain Claire's to receive a $22.5 million debtor-in-possession facility from a private holding company that plans to buy the majority of the company's U.S. stores through an asset purchaser agreement. 

  • August 21, 2025

    Nikola Ch. 11 Plan Ignores Trump Pardon, Founder Says

    Trevor Milton, the founder and former CEO of electric-truck maker Nikola who was convicted of securities fraud, has asked the Delaware bankruptcy court not to allow the company to subordinate his $69 million claim, saying its Chapter 11 plan doesn't accurately account for the full presidential pardon he received earlier this year.

  • August 21, 2025

    High Court Allows Trump Admin To Cancel $783M In NIH Grants

    The U.S. Supreme Court on Thursday allowed the Trump administration to resume the mass termination of scientific grants, overturning rulings by lower courts that had kept the funds flowing to universities and other recipients. 

  • August 21, 2025

    Tyson Foods Sued In Del. For Docs On Poultry Care, Deaths

    A Tyson Foods Inc. stockholder on Thursday sued the company — which is the largest among the nation's chicken producers — for a Delaware Court of Chancery ruling compelling release of records on alleged child labor violations and failures by Tyson to assure proper feeding and treatment of poultry grown on contract farms.

  • August 21, 2025

    Ore. Whiskey Distillery Asks To Add $500K To Ch. 11 Loan

    Portland, Oregon-based whiskey producer House Spirits has asked a Delaware bankruptcy judge for permission to borrow an additional $500,000 in cash to finance its Chapter 11 case, raising the amount of its debtor-in-possession loan to more than $2 million.

Expert Analysis

  • 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.

  • Opinion

    3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy

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    The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.

  • Series

    Law School's Missed Lessons: Negotiation Skills

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    I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

  • Opinion

    Andreessen Horowitz's Take On Delaware Is Misguided

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    Hostility toward incorporation in Delaware, as expressed in Andreessen Horowitz's recent announcement that it has moved its primary business from the First State to Nevada, is based on a basket of arguments that fail to stand up to harsher scrutiny, say attorneys at Alto Litigation.

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