Delaware

  • November 13, 2024

    Damages Limited In AGs' Generic Drug Price-Fixing Case

    A Connecticut federal judge has nixed some claims against Sandoz Inc. and other generic-drug makers in a massive antitrust and unfair trade practices case filed by state attorneys general, finding that a handful of the enforcers cannot seek damages on behalf of their allegedly injured citizens.

  • November 13, 2024

    Alnylam Says It's Not A 'Patent Troll' In Vax IP Row

    Alnylam Pharmaceuticals has shot back at Moderna's request for about $2.8 million in legal costs it incurred defending a patent suit over its coronavirus vaccine, saying Moderna is wrongly trying to paint it as "a pernicious patent troll."

  • November 13, 2024

    FTX Prosecutors Tout Tech Chief's 'Outstanding Cooperation'

    Manhattan federal prosecutors urged a lenient sentence for former FTX technology chief Zixiao "Gary" Wang, telling the court on Wednesday that his "outstanding cooperation" was instrumental in securing the lightning-fast indictment and ultimate conviction of founder Sam Bankman-Fried for an $11 billion fraud that sank the crypto exchange.

  • November 13, 2024

    Gaming Co. Sued In Chancery To Block Controller Moves

    A large stockholder in Allied Gaming & Entertainment Inc. sued the company's board, controlling stockholder and others in Delaware's Court of Chancery on Tuesday, alleging moves by the controller to dilute the shares of outside stockholders ahead of a proxy contest.

  • November 13, 2024

    PrivatBank Says Ukraine Ruling Doesn't Bar Looting Suit

    An attorney for Ukraine's PrivatBank urged a Delaware vice chancellor Wednesday to reject arguments that the bank's multibillion-dollar fraud and unjust enrichment loan claims against two oligarchs and others were undone by an allegedly narrow Ukrainian high court ruling in favor of the borrowers.

  • November 13, 2024

    Judge To Confirm Ambri Ch. 11 Wind-Down Plan

    A Delaware bankruptcy judge Wednesday agreed to approve the Chapter 11 plan of battery company Ambri Inc., which will sell its assets to its lenders and wind down.

  • November 13, 2024

    3rd Circ. Wary Of Easing Cheesesteak Shop Owner's Sentence

    Third Circuit judges seemed mostly skeptical of overturning an extension to the prison sentence of a Philadelphia cheesesteak shop owner who admitted to paying employees off the books, saying during oral arguments it was unclear whether the employees should be considered co-conspirators in the tax fraud.

  • November 12, 2024

    FTX Targets Scaramucci, PACs, Law Firm In Wave Of Suits

    Bankrupt cryptocurrency exchange FTX filed roughly 30 suits in a bid to recoup millions of dollars donated to political and charitable causes, losses caused by alleged market manipulation, and funds spent on business partnerships, including with Skybridge Capital's Anthony Scaramucci and a boutique Florida law firm.

  • November 12, 2024

    Justices Told Fed. Circ. Overstep Claims Are 'Simply Incorrect'

    A unit of pharmaceutical company Alvogen on Tuesday urged the U.S. Supreme Court to reject a petition from the company whose blockbuster IBS drug it's hoping to copy, saying the "petition's fundamental premise" that the Federal Circuit went beyond its legal boundaries "is simply incorrect."

  • November 12, 2024

    Hertz Investors Urge Chancery Not To Toss Stock Warrant Suit

    An attorney for two Hertz Inc. institutional investors told a Delaware judge Monday that the vehicle rental giant relied on an impermissible reinterpretation of a warrant agreement to reject a redemption demand purportedly triggered by the company's post-Chapter 11 recapitalization.

  • November 12, 2024

    3rd Circ. Won't Revive Port Authority Worker's Race Bias Suit

    The Third Circuit won't revive a Black woman's suit claiming the Port Authority of New York and New Jersey didn't promote her because of her race and her complaints about discrimination, ruling that the bistate agency had legitimate, nondiscriminatory reasons for not promoting her.

  • November 12, 2024

    Truth Social Sponsor's Shares Mostly Gone, Del. Court Told

    An attorney for the former CEO of a company central to the public stock listing of Donald Trump's social media platform told a Delaware vice chancellor Monday only 45,000 shares remain available from an 8.1 million share founders' stake now at the center of multiple suits in multiple courts.

  • November 12, 2024

    3rd Circ. Says County Not Liable For Accused Harassers' Acts

    The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.

  • November 12, 2024

    FTX Sues Binance, Former CEO Zhao Seeking $1.8B Clawback

    The estate of fallen cryptocurrency exchange FTX has sued Binance and its former CEO Changpeng Zhao to recover $1.76 billion it says the defunct company illegally transferred prior to its collapse two years ago, alleging FTX used customer money to complete a share repurchase that it couldn't otherwise afford.

  • November 08, 2024

    Fla. Apparel Distributor Sues Gap Over $378M Bait-And-Switch

    A South Florida-based apparel distribution company has brought a $378 million counter-complaint against Gap Inc. in California state court, alleging the clothing retailer threatened to sabotage an initial public offering after pulling a bait-and-switch by sending millions of dollars of oversized, unsellable garments and ruin relationships with existing customers.

  • November 08, 2024

    Fed. Circ. Backs Invalidation Of Geolocation IP Under Alice

    The Federal Circuit won't breathe new life into GeoComply's infringement suit against its geolocation competitor XPoint over an anti-location-spoofing patent, affirming a lower court's dismissal.

  • November 08, 2024

    Chancery Tosses Microchip Co.'s Tech Licensor Challenge

    A Delaware vice chancellor on Friday dismissed a lawsuit filed by Swiss microchip maker u-blox AG against tech licensor InterDigital Inc., finding among other points that u-blox was barred from moving forward with potentially unsettled claims arising from the same issues in a California federal court case.

  • November 08, 2024

    Chancery Rejects $2.4M Fee Request In 'Poison Pill' Case

    Cautioning that class attorneys in virtual lookalike settlements shouldn't expect to match big, early fee awards, a Delaware vice chancellor on Friday approved a $300,000 attorney fee — downsized from a $2.4 million request — for those who secured a company agreement to scuttle an overreaching shareholder rights "poison pill."

  • November 08, 2024

    3rd Circ. Unsure Progressive Can Undo Car Value Suit Cert.

    A Third Circuit panel on Friday grappled with whether an adjustment that Progressive Specialty Insurance Co. did every time it calculated the value of a totaled vehicle was enough to warrant class certification for a lawsuit claiming the adjustment was unfair, or if classwide treatment was inappropriate when each class member could have a different outcome of that assessment.

  • November 08, 2024

    Disney Hit With Suit Over Streaming Media Patents

    The Walt Disney Co. and subsidiaries like Hulu and ESPN have been hit with a federal lawsuit claiming that the entertainment giant's various streaming services infringe a series of media patents owned by Adeia Technologies Inc.

  • November 08, 2024

    FTX Investment Firm Seeks Return Of $11M In Crypto Assets

    Alameda Research, an investment arm of the now-bankrupt FTX digital asset empire, has filed a lawsuit against cryptocurrency exchange Crypto.com in Delaware bankruptcy court, seeking the return of $11.4 million in assets still held on the platform despite multiple requests from the debtor.

  • November 08, 2024

    Judge Will Give Solar Co. $3M Interim Lifeline In Ch. 11

    A Delaware bankruptcy judge said Friday she will grant Oya Renewables, a solar energy producer with offices in Boston and Toronto, interim access to $3 million in postpetition funding on offer from its Chapter 11 stalking horse bidder once some final modifications are made.

  • November 07, 2024

    Litigation Funders Look For Attorneys They Can Trust

    Litigation funders often see the attorneys they would be working with as the most important element of whether to invest in a case, several members of the industry said on a panel at the University of Texas School of Law's Advanced Patent Law Institute.

  • November 07, 2024

    3rd Circ. Says Tainted Bayer Antifungals Clearly 'Worth Less'

    Four of the nine named plaintiffs in a proposed class action over Bayer's 2021 recall of potentially benzene-tainted antifungal sprays can revive their claims against the company on the grounds that they'd paid for an effectively worthless product, a Third Circuit panel ruled Thursday.

  • November 07, 2024

    Chancery Mulls Stay, Toss Of SPAC Suit Pending NJ Ruling

    Attorneys for the sponsor of a deal that took digital health equipment venture Butterfly Network public in February 2021 argued Thursday for a stay or dismissal of a Delaware Court of Chancery suit challenging the deal, citing extensive overlap with an earlier-filed federal securities action in New Jersey.

Expert Analysis

  • Bankruptcy Courts Have Contempt Power, Del. Case Reminds

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    A Delaware bankruptcy court recently held Camshaft Capital and its principal in contempt, serving as a reminder to bankruptcy practitioners and anyone else that appears before a bankruptcy judge that there are serious consequences for failing to comply with court orders, say Daniel Lowenthal and Kimberly Black at Patterson Belknap.

  • Opinion

    Climate Change Shouldn't Be Litigated Under State Laws

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    The U.S. Supreme Court should reverse the Hawaii Supreme Court's October decision in Honolulu v. Sunoco that Hawaii could apply state law to emissions generated outside the state, because it would lead to a barrage of cases seeking to resolve a worldwide problem according to 50 different variations of state law, says Andrew Ketterer at Ketterer & Ketterer.

  • Del. Rulings Make Clear That 'Arbitrator' Isn't A Magic Word

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    Recent decisions by the Delaware Chancery Court clarify that calling a process an "expert determination" or "arbitration" in a purchase agreement is not sufficient to define it as such, so practitioners must consider how to structure dispute resolution provisions to achieve their clients’ desired result, say attorneys at Troutman Pepper.

  • Del. Ruling Highlights M&A Deal Adviser Conflict Disclosures

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    The Delaware Supreme Court recently reversed the Court of Chancery's dismissal of challenges to Nordic Capital's acquisition of Inovalon, demonstrating the importance of full disclosure of financial adviser conflicts when a going-private merger seeks business judgment rule review, say attorneys at Debevoise.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • How Courts Are Interpreting Fed. Circ. IPR Estoppel Ruling

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    In the year since the Federal Circuit’s Ironburg ruling, which clarified the scope of inter partes and post-grant review estoppel, district court decisions show that application of IPR or PGR estoppel may become a resource-intensive inquiry, say Whitney Meier Howard and Michelle Lavrichenko at Venable.

  • Patent Damages Jury Verdicts Aren't Always End Of The Story

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    Recent outcomes demonstrate that patent damages jury verdicts are often challenged and are overturned approximately one-third of the time, and successful verdict challenges typically occur at the appellate level and concern patent validity and infringement, say James Donohue and Marie Sanyal at Charles River.

  • Notable Q1 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.

  • Why High Court May Have Rejected IP Obviousness Appeal

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    Attorneys at Womble Bond analyze possible reasons the U.S. Supreme Court rejected Vanda Pharmaceuticals' request to review the Federal Circuit’s reasonable expectation of success standard for determining obviousness, including that the court was unpersuaded by the company's argument that Amgen v. Sanofi places a bind on drug developers.

  • Opinion

    Viral Deepfakes Of Taylor Swift Highlight Need For Regulation

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    As the nation grapples with addressing risk from artificial intelligence use, the recent circulation of AI-generated pornographic images of Taylor Swift on the social platform X highlights the need for federal legislation to protect nonconsenting subjects of deepfake pornography, say Nicole Brenner and Susie Ruiz-Lichter at Squire Patton.

  • The Fed. Circ. In April: Hurdles Remain For Generics

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    The Federal Circuit’s recent Salix v. Norwich ruling — where Salix's brand-name drug's patents were invalidated — is a reminder to patent practitioners that invalidating a competitor's patents may not guarantee abbreviated new drug application approval, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

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