Delaware

  • August 19, 2025

    Dredging Vehicle Patent Sinks Over On-Sale Bar At Fed. Circ.

    The Federal Circuit on Tuesday affirmed a Louisiana federal court's axing of claims in a Wilco Marsh Buggies and Draglines Inc.'s excavator and dredging vehicle patent, saying they were invalid because the product detailed in the patent was sold in the 1990s.

  • August 19, 2025

    Credit Union Seeks Coverage For ITM Hack, Fraud Schemes

    An insurer owes nearly $715,000 for two separate losses a credit union incurred after a crime ring hacked a number of its interactive teller machines and a counterfeit check fraud scheme affected multiple account holders, the credit union said in a lawsuit removed to Delaware federal court.

  • August 19, 2025

    Title Insurer Says No Fiduciary Duty Owed To Board Members

    A Connecticut-based title insurance company and its subsidiary have argued in a court filing that a former board member lacks standing under Delaware and Florida law to assert fiduciary duty claims against fellow directors, the companies and their in-house counsel.

  • August 19, 2025

    Linqto Says Ch. 11 Plan Will Have In-Kind Customer Payment

    Linqto and its unsecured creditors committee told a Texas bankruptcy judge Tuesday that they have come to an agreement to give customers the chance for in-kind payment in the investment platform's Chapter 11 plan.

  • August 18, 2025

    HHS Says Layoffs, Reorganization Are Within Its Authority

    The Trump administration urged a Rhode Island federal judge to toss claims that massive cuts to the Health and Human Services Department violate the U.S. Constitution and usurp congressional authority, arguing the state plaintiffs don't have the authority to dictate how the executive branch manages its personnel.

  • August 18, 2025

    Catching Up With Delaware's Chancery Court

    Executives and board members of Cencora Corp. tentatively settled a stockholder derivative suit for $111.25 million, VectoIQ board members reached a $6.3 million deal on stockholder claims over electric carmaker Nikola's prospects, and class attorneys who secured a $50 million derivative suit settlement saw their proposed 25% attorney fee cut by almost half. Here's the latest from the Delaware Chancery Court.

  • August 18, 2025

    Del. Justices Reject CVS Bid For Opioid Claim Insurance

    CVS Corp. lost its bid on Monday for Delaware Supreme Court reversal of a lower court ruling rejecting the healthcare giant's argument that insurers should cover government, hospital and third-party payer claims for economic losses related to the company's opioid dispensing practices.

  • August 18, 2025

    AGs Sue DOJ For Tying Victim Aid To ICE Enforcement

    A coalition of 21 state attorneys general, led by Matthew Platkin of New Jersey, filed suit against the Trump administration on Monday, accusing it of unlawfully tying $1 billion in crime victim funding to immigration enforcement, a move they say defies congressional intent and jeopardizes critical support for survivors.

  • August 18, 2025

    3rd Circ. Says IRS Can Pursue Taxes In Decades-Old Fraud

    The IRS can go after a woman's unpaid taxes more than 20 years later because her return preparer committed fraud on her filings, even though the woman did not mean to evade taxes, the Third Circuit ruled Monday.

  • August 18, 2025

    Del. OKs Property Tax Installment Payments, Refund Change

    Delaware made property tax changes, including allowing installment payments and changing refund rules, under bills signed by the governor.

  • August 18, 2025

    3rd Circ. Backs Pittsburgh In Row Over Zoning Board Conflict

    The Third Circuit has backed the dismissal of a mixed-use project developer's million-dollar lawsuit against the Pittsburgh Zoning Board of Adjustment over variance delays caused by a conflict of interest dispute, saying its due process rights weren't violated.

  • August 18, 2025

    Newsmax Settles Dominion Defamation Suit For $67M In Del.

    Newsmax Inc. and Dominion Voting Systems Inc. have settled for $67 million Dominion claims that Newsmax falsely accused the voting machine company of rigging the 2020 election in favor of former President Joe Biden.

  • August 15, 2025

    18 AGs, Governors Sue To Block DOE Funding Cap

    A coalition of 19 states and Washington, D.C., on Friday hauled the U.S. Department of Energy into Oregon federal court, challenging a policy they say places a new cap on reimbursements for administrative and staffing costs, and thus slashes funds needed for state-run energy programs.

  • August 15, 2025

    Stewart Issues Dozens More Discretionary Denial Decisions

    Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart denied numerous petitions challenging patents on discretionary grounds this week, while referring a smaller number of cases to the Patent Trial and Appeal Board.

  • August 15, 2025

    Defense Attys Predict Rise In Shareholder Suits, Report Says

    Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.

  • August 15, 2025

    Life Spine Owes $9.5M In Implant Patent Suit, Jury Says

    A Delaware federal jury on Friday found that medical technology manufacturer Life Spine Inc. owes $9.5 million for infringing a Globus Medical Inc. patent on parts used to make expandable implant devices used in spinal fusion surgeries.

  • August 15, 2025

    Real Estate Recap: Water Law, Risky Debt, NYC Rezone

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.

  • August 15, 2025

    Investors' Suit Claims Fla. Tower Developer Stole $3M

    Dozens of investors have brought a Florida state court lawsuit accusing a Delaware-based developer of fleecing them out $3 million that was provided toward the construction of a residential high-rise, saying their money is wrongfully being held despite no meaningful progress on the building. 

  • August 15, 2025

    Technology Co. Says Zurich Must Defend Shareholder Suit

    A technology company behind a brain fitness app told a Delaware federal court Friday that a Zurich unit must defend it in an underlying shareholder suit accusing the company and its directors of misappropriating funds, misleading investors and violating corporate obligations.

  • August 15, 2025

    Chancery Says Failed FTX Claim Buy Is Outside Its Jurisdiction

    A Delaware Chancery Court judge on Friday ruled that a lawsuit over a failed deal to buy a claim in the Chapter 11 case of cryptocurrency platform FTX does not belong in his court, saying the fact the bankruptcy is being heard in Delaware does not constitute a sufficient connection to the state.

  • August 15, 2025

    Getty Refiles Copyright Case Against Stability AI In Calif.

    Getty Images voluntarily dropped a copyright infringement suit in Delaware against an artificial intelligence startup it claims used millions of photos without permission, but refiled in California where the startup contends the case can be heard.

  • August 15, 2025

    $111.25M Del. Settlement Proposed For Cencora Opioid Suits

    Executives and board members of Cencora Corp. — formerly AmerisourceBergen — have tentatively settled for $111.25 million a Delaware Court of Chancery stockholder derivative suit accusing them of taking a "devil may care" attitude toward the illegal distribution of opioid painkillers at the center of a nationwide addiction epidemic.

  • August 15, 2025

    Wholesalers Want Final OK For $51M AstraZeneca Settlement

    Drug wholesalers asked a Delaware federal judge Thursday for the final stamp of approval on a combined $51.4 million in settlements AstraZeneca Pharmaceuticals LP and Handa Pharmaceuticals LLC agreed to pay to resolve allegations AstraZeneca paid off generic-drug makers, including Handa, to protect its brand antipsychotic Seroquel XR.

  • August 15, 2025

    Paragon Tech, Ex-CEO End Legal Fee Dispute In Del.

    Holding company Paragon Technologies Inc. and its ousted CEO have ended a legal fees dispute in Delaware Chancery Court, ending a chapter of a power struggle at the top of the company following allegations of misconduct.

  • August 15, 2025

    3rd Circ. Says Barring Testimony OK In Deportation Case

    The Third Circuit ruled Friday that an immigration judge did not violate a Mexican man's due process rights by barring testimony from his wife and psychologist since the seriousness of multiple drunken driving convictions precluded a finding of good moral character.

Expert Analysis

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • How IPR Estoppel Ruling May Clash With PTAB Landscape

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    Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.

  • Texas Targets Del. Primacy With Trio Of New Corporate Laws

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    Delaware has long positioned itself as the leader in attracting business formation, but a flurry of new legislation in Texas aimed at attracting businesses to the Lone Star State is aggressively trying to change that, says Andrew Oringer at the Wagner Law Group.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.

  • Cos. Considering DExit Should Assess D&O Insurance Effects

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    As companies consider incorporating in less-regulated states than Delaware, they shouldn't neglect to balance the long-term insurance implications against the short-term benefits of lower taxes and a more permissive legal regime, say attorneys at Pillsbury.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • A Look At Texas Corp. Law Changes Aimed At Dethroning Del.

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    Seeking to displace Delaware as the preferred locale for incorporation, Texas recently significantly amended its business code, including changes like codifying the business judgment rule, restricting books and records demands, and giving greater protections for officers and directors in interested transactions, say attorneys at Fenwick.

  • High Court Birthright Case Could Reshape Judicial Power

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    Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • Del. Corporate Law Rework May Not Stem M&A Challenges

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    While Delaware's S.B. 21 introduced significant changes regarding controllers and conflicted transactions by limiting what counts as a controlling stake and improving safe harbors, which would seem to narrow the opportunities to challenge a transaction as conflicted, plaintiffs bringing shareholder derivative claims may merely become more resourceful in asserting them, say attorneys at Debevoise.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

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