Delaware

  • March 05, 2024

    Magnolia Medical Again Sues Kurin Over Sepsis IP

    Magnolia Medical has accused Kurin of continuing to infringe patents covering its diagnostic tests for sepsis and other bloodstream infections after Kurin lost a jury trial in 2022 over a different patent, claiming its rival has a "predatory business model."

  • March 05, 2024

    Avadel Told To Pay Jazz Pharma $234K Over Narcolepsy Drug IP

    A Delaware federal jury found Monday that a specialty drugmaker owes nearly $234,000 to drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind its newer narcolepsy drug, launched last year to sales of over $28 million.

  • March 05, 2024

    DocGo Hit With Investor Suit Over 'Limitless' Charter Clause

    A mobile-healthcare company under scrutiny after being awarded a $432 million contract to provide services for migrants in New York City has been hit with a stockholder suit in Delaware's Court of Chancery alleging that the company's charter contains "broad and limitless" provisions that run afoul of state corporate law.

  • March 05, 2024

    EV Maker Proterra's Ch. 11 Plan Gets Thumbs-Up In Del.

    A Delaware bankruptcy judge on Tuesday approved the reorganization plan of commercial electric vehicle technology company Proterra, which entered Chapter 11 to overhaul nearly $200 million in funded debt, overruling a handful of remaining objections.

  • March 05, 2024

    Meta Tells Chancery It Didn't 'Utterly Fail' To Stop Exploitation

    Shareholders accusing Meta's leaders of "utterly failing" to eliminate pedophilia, human trafficking and child sexual exploitation on its social media platforms didn't ask enough about the company's efforts and haven't shown any "corporate trauma," an attorney for Meta's board told Delaware's Court of Chancery on Tuesday.

  • March 05, 2024

    Callon Sued Over Disclosures Prior To $4.5B APA Deal

    A Callon Petroleum Company shareholder has alleged in a proposed class action in Delaware Chancery Court that the company breached its fiduciary duties in connection with a pending $4.5 billion acquisition by APA Corp. by not fully disclosing the details of another proposal.

  • March 05, 2024

    FDA Rejection Of Fosamax's Label Fix Not Final, 3rd Circ. Told

    Counsel for patients suing Merck over its osteoporosis drug Fosamax's alleged risk of causing painful bone fractures told a Third Circuit panel Tuesday that a Food and Drug Administration letter denying changes to the drug's label does not count as a final agency action triggering federal preemption of state law failure to warn claims.

  • March 04, 2024

    Teamsters Request Discovery Stay In $137M Fight With Yellow

    A Kansas federal judge should decide whether Yellow Corp.'s $137 million lawsuit against the Teamsters can survive the union's dismissal bid before making the union produce more documents, the Teamsters said, looking to pause the discovery process in litigation accusing the union of holding up a corporate restructuring.

  • March 04, 2024

    Hospital Operator Pushes For Ch. 11 Plan Confirmation

    California-based hospital operator Alecto Healthcare Services LLC defended its Chapter 11 plan proposal Monday in Delaware bankruptcy court, saying opposition from creditors is based on a faulty belief that there are valuable claims that can be asserted for the benefit of creditors.

  • March 04, 2024

    3rd Circ. Says Union Courted Rebuke In NLRB Reversal

    A Third Circuit panel on Monday reversed a National Labor Relations Board ruling that a nonprofit nudged workers to rebuke their union before withdrawing recognition, with one member going on to question limits on courts' power to review board rulings.

  • March 04, 2024

    NerdWallet, Syracuse Hit With 'Fraudulent' Bankruptcy Cases

    Personal finance platform NerdWallet, the city of Syracuse, New York, a Taco Bell franchisee and a financial tech company were targets of apparently phony bankruptcy cases opened in Delaware over the weekend by a frequent pro se litigant.

  • March 04, 2024

    French Spinal Care Co. Can't Get €4.2M Award Enforced

    A Delaware judge has blocked the enforcement of a €4.2 million ($4.56 million) arbitral award issued in a dispute over failed plans for a French medical equipment company to expand into Colombia, ruling that the company misinterpreted an arbitration clause that referred to a nonexistent arbitral forum.

  • March 04, 2024

    Auto Repair Website's Indicted VP Wants Co. To Pay Legal Bill

    The former finance vice president of RepairPal is suing the auto repair website in Delaware Chancery Court for an advancement of legal fees to help him fight accusations he directed $2.7 million in bonuses and extra pay to himself, saying the company is contractually obligated to foot the bill.

  • March 04, 2024

    $22M Deal Proposed In Golden Nugget-DraftKings Merger Suit

    Golden Nugget Online Gaming Inc. and public stockholders who challenged the venture's $1.56 billion all-stock sale to DraftKings Inc. in Delaware's Court of Chancery have agreed to settle the case for $22 million, with up to 23% reserved for class attorneys.

  • March 04, 2024

    Catching Up With Delaware's Chancery Court

    A Swedish music producer's takeover, a proposed award payable in Tesla shares, Truth Social stock squabbles, and an unusually blunt slap-down from the bench added up to an especially colorful week in Delaware's famous court of equity. On top of that came new cases about alleged power struggles, board entrenchment, consumer schemes and merger disputes.

  • March 01, 2024

    Tesla Stock For Fees? Attys Who Got Musk's Pay Cut Say Yes

    The lawyers who convinced the Delaware Chancery Court to scuttle Elon Musk's proposed $55 billion Tesla compensation package on Friday filed a request for legal fees that came with a twist — they want to be paid in Tesla stock that rounds out to about $5.6 billion.

  • March 01, 2024

    3rd Circ. Preview: Exxon Whistleblower Case Fuels March

    Headlining the list of Third Circuit arguments in March is a bid from a pair of ExxonMobil whistleblowers to have the courts recognize an Occupational Safety and Health Administration order reinstating their jobs after they were fired following a press report mirroring internal complaints they made about the company's alleged misjudgment of energy output in the Delaware River Basin. 

  • March 01, 2024

    Jury Awards Midwest Energy $57M On Refined Coal Patents

    A Delaware federal jury on Friday awarded Midwest Energy Emissions Corp. more than $57 million after finding that numerous affiliated companies willfully infringed its patents on technology for refining coal to reduce mercury in emissions from power plants.

  • March 01, 2024

    Blockbuster Drug Sales Help Keep J&J Patent Alive

    Johnson & Johnson has persuaded a federal judge in Wilmington, Delaware, to rule in its favor in a patent case seeking to prevent a startup from launching a competing line of schizophrenia drugs, in part because Invega Sustenna has made the pharmaceutical giant billions of dollars.

  • March 01, 2024

    4 Argument Sessions Benefits Attys Should Watch In March

    The Biden administration will urge the Fifth Circuit to preserve preventive services requirements in the Affordable Care Act, the Eighth Circuit will dive into an insurer's payment practices, and the Eleventh Circuit will hear Home Depot workers' bid to revive their 401(k) suit.

  • March 01, 2024

    ​​​​​​​Amazon Shareholder Seeks Prime Info In Del. Chancery

    An Amazon stockholder has sued the online shopping and media giant in Delaware's Court of Chancery to obtain internal documents regarding what the investor and the government have called misleading schemes by the company to drive up Prime service subscriptions and confound customers who try to cancel their paid membership.

  • March 01, 2024

    Fintech Co. Vesttoo's Ch. 11 Plan OK'd After Dissent Defused

    A Delaware bankruptcy judge has approved the Chapter 11 liquidation plan proposed by the official committee of unsecured creditors to bankrupt Israeli fintech firm Vesttoo Ltd., after the committee sorted out a final objection to the plan.

  • March 01, 2024

    MediaMath Floats Ch. 11 Dismissal After $22M Sale Of Assets

    Bankrupt adtech company MediaMath Holdings Inc. asked a Delaware bankruptcy judge to end its Chapter 11 case and allow it to dissolve, because it's sold off basically all it had for $22 million and there's nothing left to reorganize.

  • March 01, 2024

    Network Co. Directors Sue In Chancery To Stop Power Grab

    A power struggle at network connectivity services provider PacketFabric Inc. hit Delaware's Court of Chancery on Thursday, with an investor and two directors suing for a court declaration that they are still members of the board.

  • March 01, 2024

    Music App Shareholders Ask Chancery To OK Board Takeover

    Controlling stockholders of a music creation and social media app have sued in Delaware's Court of Chancery seeking to confirm that Swedish music producer and pop songwriter Andreas Carlsson had replaced the company's board, its CEO, and all of its directors and officers.

Expert Analysis

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • An Overview Of Circuit Courts' Interlocutory Motion Standards

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    The Federal Arbitration Act allows litigants to file an immediate appeal from an order declining to enforce an arbitration agreement, but the circuit courts differ on the specific requirements for the underlying order as well as which motion must be filed, as demonstrated in several 2023 decisions, says Kristen Mueller at Mueller Law.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • 10 Essential Bankruptcy Litigation Tips For In-House Counsel

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    Bankruptcy litigation is a complex and multifaceted area of law that poses unique challenges for in-house counsel, and there are several tools at legal professionals' disposal, like appraisals and understanding jurisdictions, to stay well-informed and protect their companies' interests, says Alison Ashmore at Dykema.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Tips For Avoiding Disputes From M&A Earnout Provisions

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    Attorneys at Freshfields review key Delaware cases to outline several important considerations that may reduce the risk of an earnout dispute arising from a merger agreement and help the parties navigate disputes when they do occur.

  • Del. Dispatch: Refining M&A Terms After Twitter Investor Suit

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    The Delaware Court of Chancery's recent decision in Crispo v. Musk — invalidating a merger agreement provision that has been commonly used to disincentivize buyers from wrongful merger termination — should cause target companies to consider new approaches to ensure the payment of lost premium damages, say attorneys at Fried Frank.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Earnout Contract Considerations After NC Good Faith Ruling

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    The North Carolina Supreme Court's recent Value Health Solutions v. Pharmaceutical Research decision, holding the implied covenant of good faith and fair dealing did not apply in an earnout dispute related to an asset sale, demonstrates the need for practitioners to pay careful attention to milestone concepts in M&A transactions, says Benjamin Hicks at Wagner Hicks.

  • Cos.' Trade Secret Measures Must Adjust To Remote-Work Era

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    Several recent cases demonstrate that companies need to reevaluate and adjust their trade secret protection strategies in this new age of remote work, says Stephanie Riley at Womble Bond.

  • ITC Ban On Apple Watch Could Still Be Reversed

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    The U.S. International Trade Commission's recent final decision that the Apple Watch infringed two patents owned by Masimo Corp. was a rare instance of a popular consumer product being hit with an absolute importation ban, but it's possible that President Joe Biden could assert his power to reverse the ITC decision, says Benjamin Horton at Marshall Gerstein.

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