Delaware

  • June 16, 2025

    High Court Skips NexStep's Patent Fight With Comcast

    The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents. 

  • June 13, 2025

    Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death." 

  • June 13, 2025

    More Aspen Tech Stockholders Pile In For Del. Mega-Appraisal

    A new Aspen Technology Inc. stockholder group launched a team demand Friday for Delaware Court of Chancery appraisal of their shares prior to the company's $265 per share, $7.2 billion minority stake acquisition by Emerson Electric Co., with other suits and related actions still pending.

  • June 13, 2025

    Wabtec Gets Caterpillar Unit's Antitrust Claims Tossed

    A Delaware federal judge has dismissed Caterpillar subsidiary Progress Rail's antitrust claims over rail giant Wabtec's 2019 merger with General Electric's transportation unit but refused to dismiss breach of contract and other claims.

  • June 13, 2025

    Cisco Unit Beats Infringement Suit Over Authentication Patent

    A federal jury in Delaware on Friday cleared Cisco-owned security software company Duo Security Inc. of allegations it infringed a patent covering verification technology while also finding that the claims at issue were invalid.

  • June 13, 2025

    PE Firm Caused Policyholder To Overpay, R&W Insurer Says

    A representations and warranties insurer accused a private equity firm in Delaware Chancery Court of causing its policyholder to pay too much in its $140 million acquisition of a construction equipment manufacturer, arguing the firm must reimburse the insurer for its $12 million coverage payment.

  • June 13, 2025

    3rd Circ. Won't Rehear Bid To Toss Boy Scouts' Ch. 11 Plan

    The Third Circuit declined to hold a panel or full court rehearing of its May decision to uphold the Boy Scouts of America's Chapter 11 bankruptcy plan in a pair of Friday orders rejecting petitions by two sets of abuse survivors, with the orders implying some judges on the court had supported taking another look.

  • June 13, 2025

    2024 Patent Litigation: A Year In Review

    The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.

  • June 13, 2025

    Judge Blocks Trump Voting Order Requiring Citizenship Proof

    A Massachusetts federal judge on Friday blocked enforcement of what she called a likely unconstitutional Trump administration executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day, saying the president lacks authority to override existing voting laws.

  • June 12, 2025

    Fla. Doc Sues In Del. Alleging Multistate Group Conspiracy

    A Florida doctor and emergency room companies serving departments in Texas, Florida and Oklahoma have sued multiple entities in Delaware's Court of Chancery allegedly involved in an elaborate private equity-tied scheme to duck bans on the corporate practice of medicine.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

  • June 12, 2025

    These Firms Are Landing The Most PTAB Work

    Intellectual property powerhouse Fish & Richardson again secured the top spot on a list of firms appearing in the most trials over the past three years in front of the Patent Trial and Appeal Board.

  • June 12, 2025

    Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal

    The California attorney general and 10 other states sued the Trump administration in federal court Thursday, minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."

  • June 12, 2025

    Deal Ends Freedom Mortgage's Appeal Of $23M Verdict

    Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.

  • June 12, 2025

    Inovalon Investors' Revived Chancery Suit Moves Forward

    A Delaware chancellor sent into discovery investors' claim that Inovalon didn't properly disclose that a consortium of private equity firms that bought the healthcare data company paid $400 million in fees to its financial adviser before the transaction, dismissing some claims but finding it is "reasonably conceivable" that the suit's defendants acted in bad faith.

  • June 12, 2025

    Judiciary Committee Clears Squires For Full Senate Vote

    The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.

  • June 12, 2025

    Chancery Tags AstraZeneca Unit For $180M 'Expectation' Loss

    Rejecting calls for a $755 million award, a Delaware vice chancellor ruled late Wednesday that a biopharmaceutical company's shareholders are due $180.9 million in post-merger "expectation damages" plus interest after an AstraZeneca PLC unit's failure to reasonably pursue an acquired drug prospect.

  • June 11, 2025

    Consultant Pulls RTX Into Tech Co.'s $1.8M Contract Suit

    RTX Corp. is responsible for a business consulting firm's inability to pay a tech subcontractor for data migration work, according to a third-party complaint that dragged the aerospace and defense giant into a $1.8 million court battle in Connecticut.

  • June 11, 2025

    Del. Justices Press Atty On Earnout Damage Bid Despite Miss

    Delaware Supreme Court justices focused on the basics Wednesday during data management venture STX Business Solutions LLC's bid to revive a suit that was tossed by the Court of Chancery in October and accused a buyer of skipping a profitable deal to avoid paying an "earnout" bonus of up to $5.5 million.

  • June 11, 2025

    VA Contractor To Pay $4.3M To Resolve Overbilling Claims

    Healthcare technology company Omnicell Inc. has agreed to pay more than $4.3 million to settle allegations it fraudulently overcharged the U.S. Department of Veterans Affairs for medical products and software, federal prosecutors said Wednesday.

  • June 11, 2025

    AGs Press Meta To Do More To Stop Pump-And-Dump Scams

    Attorneys general from states and territories around the country, as well as the District of Columbia, sent an open letter to Meta Platforms Inc. Wednesday urging the social media giant to help stem the tide of widespread investment scams across Facebook and WhatsApp that they said have caused people to lose "life-changing" amounts of money.

  • June 11, 2025

    3rd Circ. Seems Skeptical Of NJ Town's Car Seizure Process

    The Third Circuit seemed open Wednesday to a bid by Honda's leasing arm to have a Garden State town's towing ordinance deemed unconstitutional, with judges appearing doubtful that it adequately provides for due process.

  • June 11, 2025

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law LLC reclaimed its status as the most active firm for patent plaintiffs, having filed more than twice as many cases in 2024 as it did in 2023, according to a new report from Lex Machina.

  • June 11, 2025

    3rd Circ. Sends Dow Pollution Suit Back To NJ State Court

    The Third Circuit on Wednesday said New Jersey's lawsuit accusing Dow Chemical Co. of causing widespread groundwater pollution through a product containing a potentially cancer-causing compound should be heard in state court, rejecting the chemical company's argument that it was acting under the direction of the federal government.

  • June 11, 2025

    New Patent Cases Rebound As EDTX Seals Top Venue Spot

    The number of new patent suits filed in 2024 increased 22.2% over 2023, bouncing back from a historically slow year, and the Eastern District of Texas further cemented its status as the most popular patent venue after a rule change made another Texas district less attractive to plaintiffs.

Expert Analysis

  • Series

    Playing Guitar Makes Me A Better Lawyer

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.