Delaware

  • July 25, 2025

    Chancery Tosses UpHealth Affiliate's Suit For SPAC Damages

    Pointing to "numerous defects" in the complaint, a Delaware vice chancellor on Friday tossed every count in a suit filed by investors who alleged they were misled in the run-up to a multi-business special purpose acquisition company deal to take public now-bankrupt UpHealth Holdings and Cloudbreak Health.

  • July 25, 2025

    Dentons Stalling Discovery In Terraform Ch. 11, Court Told

    The bankruptcy plan administrator for failed cryptocurrency platform Terraform Labs has accused Dentons US LLP of blocking his discovery requests in an attempt to secure final approval of some $25 million in fees, saying the law firm is seeking to "run out the clock" to dodge an investigation into its role in Terraform's collapse.

  • July 24, 2025

    Trump Admin Asks Justices To Stay Block On NIH Grant Cuts

    The Trump administration on Thursday urged the U.S. Supreme Court to stay a district court's preliminary injunction so that the National Institutes of Health can resume terminating $783 million in grants, saying the lower court, under a recent high court ruling, lacked jurisdiction to make the government pay the grants.

  • July 24, 2025

    Tyson's $55M Delaware Win Won't Aid Ga. Suit, Rival Says

    Poultry rendering company American Proteins Inc. told a Georgia federal judge Wednesday that a Delaware court's award of $55 million to Tyson Foods for overpaying to acquire the company has no bearing on their antitrust suit over whether Tyson forced the buyout through strong-arm tactics.

  • July 24, 2025

    JBS S.A. Sued In Del. Over Pilgrim's Pride Control Moves

    Pension fund stockholders of poultry industry giant Pilgrim's Pride Corp. have sued Brazil-based meat giant JBS S.A., its affiliates and its Pilgrim's board appointees in Delaware's Court of Chancery, alleging actions that unfairly increased JBS' clout and access to dividends and tax benefits at minority shareholder expense.

  • July 24, 2025

    Fiber Co. Tilson Sues Gigapower For Breach Of Contract

    Fiber network developer Tilson Technology Management Inc. has filed a lawsuit in Texas against joint venture Gigapower LLC, alleging wrongful breach of contract tied to large-scale infrastructure projects that ultimately pushed Tilson into bankruptcy.

  • July 24, 2025

    FTX Ends 6 Suits Over Political Donations In Ch. 11

    Fallen cryptocurrency exchange FTX has agreed to dismiss adversary proceedings in Delaware bankruptcy court against six political organizations, lawsuits that were aimed at recovering roughly $28.75 million in donations made to the groups prior to FTX's bankruptcy.

  • July 24, 2025

    Green Groups Cleared To Join EV Funding Freeze Challenge

    A Washington federal judge will let the Sierra Club and other environmental organizations enter a multistate lawsuit against the federal government seeking to preserve funding for new electric-vehicle charging infrastructure, concluding the groups have a significant interest in protecting the project funds.  

  • July 24, 2025

    Chancery OKs $12.75M Settlement In MoneyLion SPAC Suit

    Saying parts of the deal "reflect a poster-child scenario for the problems and malincentives associated with the de-SPAC form," a Delaware vice chancellor on Thursday approved a $12.75 million settlement in a stockholder suit challenging a take-public deal for digital finance platform MoneyLion.

  • July 24, 2025

    Senate Tees Up Vote On Emil Bove To 3rd Circ.

    The Senate voted 50-48 on Thursday to tee up the confirmation of Emil Bove to the Third Circuit, which will likely happen next week.

  • July 24, 2025

    3rd Circ. Rules Philly Injection Site Equals Religious 'Person'

    A nonprofit battling government resistance to its planned safe drug injection site in Philadelphia can qualify for religious freedom protections, the Third Circuit said in a precedential opinion on Thursday, reasoning the organization meets the definition of a "person" practicing religion.

  • July 23, 2025

    Full Fed. Circ. Won't Disturb Machine Learning Patent Ruling

    The full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning, leaving in place a panel's April findings that applying established machine learning methods to a new area cannot be patented.

  • July 23, 2025

    Astellas, Generics Scolded For 'Abusive' Discovery In IP Case

    A Delaware federal magistrate judge on Wednesday rebuked Astellas Pharma and makers of generic drugs for what she deemed exploitation of the discovery dispute process in the brand-name company's patent infringement case, calling their dozens of fights "not just excessive" but also "abusive of the discovery dispute process."

  • July 23, 2025

    MicroStrategy Sued In Del. After No-Vote Stock Expansion

    A stockholder of cryptocurrency venture MicroStrategy Inc. has launched a proposed class suit in Delaware's Court of Chancery, accusing the company and its chairman and former CEO, Michael Saylor, of amending — without a stockholder vote — liquidation preference rules for some preferred company stock. 

  • July 23, 2025

    3rd Circ. Backs Off 2nd Look At Class Action Fraud Sanction

    The Third Circuit has reissued an opinion upholding the conviction of a man accused of defrauding shareholder settlement funds, but saying it should not have previously ordered the lower court to potentially increase the $31 million judgment against the man.

  • July 23, 2025

    Dolphin Co. Unit Nears Court Approval Of Bid Procedures

    A Delaware bankruptcy judge said Wednesday she will approve the bidding procedures that an insolvent subsidiary of The Dolphin Co. proposed for a sale of all its assets, once the debtor makes certain revisions to its requests.

  • July 23, 2025

    Judge Clears Mylan On 1 Novo Nordisk Patent In Wegovy Suit

    A Delaware federal judge has found that proposed labeling for a generic version of the weight loss drug Wegovy doesn't recommend doctors prescribe it in a way covered by a Novo Nordisk patent on the brand-name treatment.

  • July 23, 2025

    Chancery Denies Toss Of AT&T Cos.' Investor Payout Suits

    A Delaware vice chancellor sent toward trial Wednesday a fleet of coordinated, derivative suits seeking hundreds of millions of dollars in damages from AT&T and affiliates for allegedly claiming excessive shares of partnership revenues, in a ruling that also limited time windows for some claims.

  • July 23, 2025

    Sen. Collins Opposes Bove For 3rd Circ. Over Bias Concerns

    Sen. Susan Collins, R-Maine, will oppose the confirmation of Emil Bove to the Third Circuit, and Sen. Lisa Murkowski, R-Alaska, has also indicated her likely opposition.

  • July 23, 2025

    Avon Ch. 11 Plan Needs 'Tweaks,' Judge Says

    A Delaware bankruptcy judge told Avon on Wednesday that the wording of its Chapter 11 plan needs some work before he can approve it, finding the company's insurance carriers had raised objections worth addressing.

  • July 22, 2025

    States, Asbestos Claimants Seek Claim Purge Block In Del.

    An attorney for companies embroiled in asbestos injury suits urged a Delaware vice chancellor Tuesday to block plans by asbestos bankruptcy claims trusts to begin routine destruction of exposure-related data, arguing that the move would cut off a potential last-resort source of information.

  • July 22, 2025

    Fed. Circ. Won't Stop Entresto Generic During Novartis Appeal

    The Federal Circuit won't stop MSN Pharmaceuticals from releasing its generic version of Novartis' blockbuster cardiovascular drug Entresto while the latter appeals a noninfringement ruling, according to a Tuesday order.

  • July 22, 2025

    Del. Boutique Wins 'Heated' Battle To Lead Endeavor Suit

    Litigation boutique Abrams & Bayliss LLP has been handed the reins to a potential blockbuster lawsuit alleging that sports and entertainment giant Endeavor Group Holdings was undervalued in a $13 billion take-private deal, with a Delaware vice chancellor on Tuesday settling what she described as a "heated," and at times personal, leadership fight in the case.

  • July 22, 2025

    Power Cos., PJM Back FERC Auction Rerun Decision

    Power producers and PJM Interconnection LLC told the D.C. Circuit Monday the Federal Energy Regulatory Commission was right to let PJM rerun an electricity capacity auction with an inflated reliability requirement after the Third Circuit ruled changes to it were retroactive ratemaking.

  • July 22, 2025

    Phone Co.'s Stockholder Disputes Not Covered, Insurers Say

    A former smartphone developer's insurers told a New York federal court they owe no coverage for a suit seeking access to the company's books and records and a stockholder derivative action accusing the CEO of misusing company funds while the board of directors failed to provide oversight.

Expert Analysis

  • 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.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Del. Dispatch: Open Issues After Corp. Law Amendments

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    Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • What Del. Supreme Court LKQ Decision Means For M&A Deals

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    The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

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