Delaware

  • December 20, 2024

    Bally's Hit With Suit Over Casino Dealer Tip Withholding

    Gaming table operators at Bally's Corp. and its Dover Casino have accused the businesses of violating Delaware's wage and hour law, alleging that their pay was improperly calculated based on tipped worker rates for both regular and overtime pay.

  • December 20, 2024

    A Look Back At 2024's Major Securities Litigation Moments

    The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.

  • December 20, 2024

    South Korean Needle Operation Secures Patent Win At ITC

    The U.S. subsidiary of a South Korean dermatologist's needle business has convinced a judge at the U.S. International Trade Commission that several rivals in the marketplace for selling microneedles to plastic surgeons are infringing patents. 

  • December 20, 2024

    3rd Circ. Denies Challenge To Pa. Autism Settlement

    A Third Circuit panel on Friday rejected claims a settlement requiring around-the-clock care for a woman with autism is too impractical to be enforced, reversing a lower-court decision and handing a victory to the Pennsylvania woman's family.

  • December 20, 2024

    Legislators Key To Court Fee Relief, Chief Justices Say

    Two state high court chief justices and a top judicial administrator have told the National Center for State Courts that while they've been able to make significant progress in abolishing unfair court fines and fees, lawmakers have been vital in enacting these changes.

  • December 20, 2024

    Real Estate Recap: Stats, Multifamily Tech, Pot Shop Pickle

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including big picture stats for commercial real estate in 2024, how one proptech company is leveraging resident data for multifamily profitability, and a conversation with a BigLaw leader about navigating New York's pot shop crackdown.

  • December 20, 2024

    Nippon Owes $115M In Muscular Dystrophy IP Fight, Jury Says

    Nippon Shinyaku Co. Ltd. owes more than $115 million for infringing a patent owned by Massachusetts-based Sarepta Therapeutics, a federal jury in Delaware said Friday after finding that the Japanese company failed to prove the patent was invalid.

  • December 20, 2024

    Yellow Corp. Layoff Notices Had Too Little Info, Judge Says

    A Delaware bankruptcy judge has shot down some of trucking company Yellow Corp.'s defenses against claims it failed to give proper notice of more than 25,000 layoffs just before it entered Chapter 11, saying the notices it sent weren't informative enough.

  • December 20, 2024

    Split Del. Jury Clears Qualcomm In Arm Ltd. Chip Fight

    A federal jury in Delaware on Friday rejected semiconductor design and licensing giant Arm Ltd. Inc.'s claims that Qualcomm Inc. breached Arm's chip architecture licensing and trademark rights, but was declared hung on matching claims against Nuvia Inc., acquired by Qualcomm in 2021

  • December 20, 2024

    Chilean Phone Co. WOM Gets OK On $500M Takeover Terms

    A Delaware bankruptcy judge on Friday signed off on the framework for Chilean mobile phone operator WOM SA's $500 million restructuring plan, finding the debtor had exercised sound business judgment in selecting the deal to reduce some $650 million in debt.

  • December 19, 2024

    Judge Wrongly Axed $107M IP Verdict, Pfizer Tells Fed. Circ.

    A Pfizer unit has told the Federal Circuit that a federal judge got it wrong when he overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents.

  • December 19, 2024

    Big Lots To Close All Stores After Ch. 11 Sale Falls Through

    Bankrupt discount retail chain Big Lots told a Delaware bankruptcy court Thursday that it will close its 870 remaining stores in the United States and initiate going-out-of-business sales starting Friday, after its $760 million deal for a going-concern sale to California private equity group Nexus Capital Management fell through.

  • December 19, 2024

    3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum

    The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.

  • December 19, 2024

    Arm-Qualcomm Trademark, Breach Suit Goes To Jury In Del.

    Jurors headed to deliberations late Thursday after nearly four days of trial in Delaware federal court on Softbank Group subsidiary Arm Ltd.'s claims that Qualcomm Inc. and Nuvia Inc. breached a protective contract for microprocessor core technology licensing agreements.

  • December 19, 2024

    Fed, OCC 'Asleep At Wheel' On Merger Policy, Warren Says

    Sen. Elizabeth Warren on Wednesday accused top federal bank regulators of blowing off calls for tougher merger scrutiny and leaving the financial system exposed to dangerous megadeals, blasting them as "asleep at the wheel" as the Capital One-Discover merger inched closer to approval.

  • December 19, 2024

    3rd Circ. Backs $22M Win For Battery Co. Workers In Pay Suit

    The Third Circuit held Thursday that a Pennsylvania battery manufacturer flouted federal labor law when it failed to pay workers $22 million for time they spent changing in and out of protective gear, rejecting the company's assertion it was only obligated to pay workers what was "reasonable."

  • December 19, 2024

    Fresenius Loses Invalidity Argument In Nausea Drug IP Fight

    Fresenius Kabi USA LLC has lost its arguments in Delaware federal court that claims in a pair of Heron Therapeutics patents for a nausea drug were invalid, keeping Fresenius' generic from entering the market for around a decade.

  • December 19, 2024

    Calif. Hotel's Ch. 11 'Highly Likely' To Be Transferred To Del.

    A Delaware bankruptcy judge said Thursday he was "highly likely" to transfer the second Chapter 11 case of a San Jose, California, hotel back to the First State, granting an initial win to a lender that argued the case should be moved and dismissed as a bad faith filing.

  • December 19, 2024

    X Workers Say Entire Severance Suit Should Survive

    Former X employees urged a Delaware federal court to set aside portions of a magistrate judge's recommendation that the court partially toss their unpaid severance benefits lawsuit, saying the judge incorrectly found that a merger agreement stripped them of standing.

  • December 19, 2024

    DC Apartment Complex Hits Chapter 11 With Over $10M Debt

    The operator of an apartment complex in Washington, D.C., filed for Chapter 11 in Delaware, saying the impact of COVID-19 and the district's affordable housing voucher program have led to diminishing cash reserves.

  • December 19, 2024

    Genworth Can Get Docs Explaining Atty's Role Amid Sale Row

    A Delaware vice chancellor has ruled Genworth Life Insurance Co. can access certain documents from policyholders who sued over the sale of valuable subsidiaries, including discussions involving a former law partner of one of the plaintiffs who is representing certain entities believed to be funding the litigation.

  • December 19, 2024

    Del. Justices Affirm Toss Of Co.'s Suit Against Gusrae Kaplan

    Delaware's Supreme Court has affirmed a trial court's dismissal of an Applied Energetics Inc. suit accusing Gusrae Kaplan Nusbaum PLLC and a former partner of launching a frivolous securities fraud suit in order to hobble other litigation against the laser weapons maker's former CEO.

  • December 18, 2024

    Sens. Hear Split Views On Bill To Boost Patent Injunctions

    A bill that would make it easier to obtain patent injunctions got a divided reaction at a Senate hearing Wednesday, with the sponsor and some speakers saying it would benefit patent owners and critics calling it an unnecessary change that only aids patent assertion entities.

  • December 18, 2024

    Yellow Corp. Gets Del. Court OK For Ch. 11 Asset, Lease Sales

    Bankrupt trucking venture Yellow Corp. secured a Delaware judge's approval Wednesday for a $192.5 million series of deals to sell or lease a dozen properties owned or leased by Yellow in California, Miami, Ohio and other states.

  • December 18, 2024

    CVS Fueled Opioid Epidemic In Rush For Profits, Feds Say

    The U.S. Department of Justice unveiled a suit Wednesday accusing CVS, the nation's largest pharmacy chain, of knowingly filling invalid prescriptions for powerful opioids and ignoring internal pleas from its pharmacists as it allegedly put profits over safety. 

Expert Analysis

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Justices Upended The Administrative Procedure Act

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    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Vendor Rights Lessons From 2 Chapter 11 Cases

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    A Texas federal court’s recent critical vendor order in the Zachry Holdings Chapter 11 filing, as well as a settlement between Rite Aid and McKesson in New Jersey federal court last year, shows why suppliers must object to critical vendor motions that do not recognize creditors' legal rights, says David Conaway at Shumaker.

  • Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?

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    A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.

  • Daubert Motion Trends In Patent Cases Reveal Damages Shift

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    A review of all 2023 Daubert decisions in patent cases reveals certain trends and insights, and highlights the complexity and diversity in these cases, particularly in relation to lost profits and reasonable royalty damages opinions, say Sherry Zhang and Joanne Johnson at Ocean Tomo.

  • Series

    Playing Dungeons & Dragons Makes Me A Better Lawyer

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    Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.

  • Del. Dispatch: Director Caremark Claims Need Extreme Facts

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    The Delaware Court of Chancery recently dismissed Caremark claims against the directors of Centene in Bricklayers Pension Fund of Western Pennsylvania v. Brinkley, indicating a high bar for a finding of the required element of bad faith for Caremark liability, and stressing the need to resist hindsight bias, say attorneys at Fried Frank.

  • Class Action Law Makes An LLC A 'Jurisdictional Platypus'

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    The applicability of Section 1332(d)(10) of the Class Action Fairness Act is still widely misunderstood — and given the ambiguous nature of limited liability companies, the law will likely continue to confound courts and litigants — so parties should be prepared for a range of outcomes, says Andrew Gunem at Strauss Borrelli.

  • Jarkesy Ruling May Redefine Jury Role In Patent Fraud

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    Regardless of whether the U.S. Supreme Court’s Jarkesy ruling implicates the direction of inequitable conduct, which requires showing that the patentee made material statements or omissions to the U.S. Patent and Trademark Office, the decision has created opportunities for defendants to argue more substantively for jury trials than ever before, say attorneys at Cadwalader.

  • 3 Leadership Practices For A More Supportive Firm Culture

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    Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.

  • E-Discovery Quarterly: Rulings On Hyperlinked Documents

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    Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.

  • Loper Bright Limits Federal Agencies' Ability To Alter Course

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    The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.

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