Delaware

  • July 15, 2025

    PTAB Knocks Out Claims In 3 Nasal Airway Patents

    The Patent Trial and Appeal Board has invalidated a host of claims across a trio of nasal airway treatment patents owned by Aerin Medical, agreeing with challenger Neurent Medical that the claims were obvious.

  • July 15, 2025

    3rd Circuit Says Risk Of Harm Justifies Disarming Pot User

    The Third Circuit has found that illegal drug users, including cannabis users, can be disarmed if their use is determined to increase the risk that they could pose a physical danger while possessing a gun, while finding that individual inquiry is necessary.

  • July 14, 2025

    Tender Greens Estate Defends Structured Dismissal Of Ch. 11

    The estate of One Table Restaurant Brands LLC, the former operator of casual restaurant chain Tender Greens and Mexican eatery Tocaya, defended its bid to dismiss its Chapter 11 case after the U.S. Trustee's Office said it would violate bankruptcy rules.

  • July 14, 2025

    States Back Domestic Violence Groups In DOJ Grant Fight

    Nearly two dozen states are backing a group of domestic violence coalitions in their bid to block the Trump administration from imposing restrictions on grants by the Department of Justice's Office on Violence Against Women, saying the funding is critical to their ability to fulfill their public safety obligations.

  • July 14, 2025

    J&J Unit Follows Fed. Circ. Win With Schizophrenia Drug Suits

    Johnson & Johnson's Janssen subsidiaries have sued Sun Pharma for patent infringement in federal courts in New Jersey and Delaware over the generics maker's plans to market its versions of Janssen's Invega Sustenna drug last week, following Janssen beating a patent challenge for the schizophrenia drug in the Federal Circuit.

  • July 14, 2025

    Former Del. GOP Leader Sworn In As US Atty

    The former head of the Delaware Republican Party was sworn in Monday as the top federal prosecutor in the First State, according to the agency's website and a social media post from the attorney.

  • July 14, 2025

    Supreme Court Clears Way For Education Dept. Layoffs

    The U.S. Supreme Court on Monday lifted a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, allowing the Trump administration to move forward with firing nearly 1,400 employees.

  • July 14, 2025

    2 Ex-Binance Employees Seek To Escape FTX Clawback Suit

    Two former Binance employees named as defendants in a $1.76 billion clawback suit brought by FTX in Delaware bankruptcy court have asked to be dismissed from the case, saying the court has no personal jurisdiction over them and that the complaint doesn't allege that they were involved in the transactions at issue.

  • July 11, 2025

    Amgen Eyes New Trial After Regeneron's $407M Antitrust Win

    Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.

  • July 11, 2025

    Success Tricking FDA Shouldn't Protect Merck, Justices Told

    Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.

  • July 11, 2025

    3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight

    The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.

  • July 11, 2025

    3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm

    The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.

  • July 11, 2025

    MSN Beats Novartis' Patent Suit Over Entresto

    A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.

  • July 11, 2025

    FTX Trust Says Blockchain Co. Hasn't Delivered $1.3M Coins

    A recovery trust for the bankrupt cryptocurrency exchange FTX filed a Chapter 11 adversary proceeding in Delaware bankruptcy court seeking turnover of $1.3 million worth of $XION digital tokens that the debtor's subsidiaries purchased prior to the bankruptcy filing.

  • July 11, 2025

    Dolphin Co. Says Ex-CEO Blocked Records, Violated Orders

    Dolphin encounter company Leisure Investments Holdings LLC told a Delaware bankruptcy court that its former executives ignored the court's order to submit the debtor's business records, therefore it should impose sanctions until they comply with the order. 

  • July 11, 2025

    Better Therapeutics Settles SPAC Suit In Del. For $1M

    Defunct telehealth provider Better Therapeutics Inc. has reached a roughly $1 million settlement with a shareholder to end a Delaware Chancery Court suit challenging its take-public merger, according to court filings.

  • July 11, 2025

    Dem States Drop Bid To Block Machine Gun Trigger Returns

    Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.

  • July 11, 2025

    Bove Faults 'Heavy-Handed' Jan. 6 Cases

    Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.

  • July 11, 2025

    Hess Faces Investor Suit Over $53B Chevron Deal

    As the parties await the result of a critical arbitration proceeding that could sink a planned $53 billion sale of Hess to Chevron, a shareholder is arguing that the deal disproportionately benefits CEO John Hess at the expense of the company's investors.

  • July 10, 2025

    VC Giant Andreessen Rips Del. Courts, Plans Move To Nev.

    Venture capital giant Andreessen Horowitz on Wednesday announced plans to reincorporate in Nevada, saying that it was no longer a "no-brainer" to launch a company and incorporate in the historically corporate-friendly state of Delaware.

  • July 10, 2025

    Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent

    The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.

  • July 10, 2025

    Mo' Money Mo' Problems: Biggie Smalls' Widow Sued Over IP

    A record executive has sued the Notorious B.I.G.'s widow, Faith Evans, in Delaware Chancery Court, accusing the R&B singer of improperly trying to seize control of her late husband's hip-hop music catalog, which includes chart-topping hits like "Juicy" and "Mo' Money, Mo' Problems," following his mother's recent death.

  • July 10, 2025

    Joann's Ch. 11 Wind-Down Plan Confirmed In Del.

    The Chapter 11 wind-down plan of former arts and crafts retailer Joann Inc. received approval Thursday in Delaware bankruptcy court without opposition from any party in interest.

  • July 10, 2025

    Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages

    Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.

  • July 10, 2025

    Jazz Looks To Block Avadel From Asking For Sleep Drug OK

    Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.

Expert Analysis

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • DOJ Actions Signal Rising Enforcement Risk For Health Cos.

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    The U.S. Department of Justice's announcement of a new False Claims Act working group, together with the largest healthcare fraud takedown in history, underscore the importance of sophisticated compliance programs that align with the DOJ's data-driven approach, say attorneys at Debevoise.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Nev. Steps Up Efforts To Attract Incorporations With New Law

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    Recent amendments to Nevada corporate law, which will narrow controlling stockholders’ liability, streamline mergers and allow companies to opt out of jury trials, show the interstate competition to attract new and reincorporating companies is still heating up, say attorneys at Simpson Thacher.

  • Birthright Opinions Reveal Views On Rule 23(b)(2) Relief

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    The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • IRhythm IPR Denial Raises Key PTAB Discretion Questions

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    By giving the passage of time a dispositive role in denying institution of five inter partes review petitions filed by iRhythm Technologies, the U.S. Patent and Trademark Office has upended the strategic considerations for filing and defending against IPRs, disclosing prior art during prosecution, and engaging in licensing negotiations, say attorneys at Dentons.

  • Opinion

    IPR Denial In IRhythm Should Not Set A Blanket Rule

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    Though the Patent Trial and Appeal Board's discretionary denial in iRhythm v. Welch Allyn last month raised concerns that mere knowledge of a patent could bar inter partes review institution, a closer look at the facts and reasoning reveals why this case's holdings should not be reflexively applied to all petitioners, says David McCombs at Haynes Boone.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.

  • Assessing New Changes To Texas Officer Exculpation Law

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    Consistent with Texas' recent modernization of its corporate law, the recently passed S.B. 2411 allows officer exculpation, streamlines certificate of formation amendments, authorizes representatives to act on shareholders' behalf in mergers and makes other changes aimed toward companies seeking a more codified, statutory model of corporate governance, say attorneys at Bracewell.

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