Delaware

  • January 24, 2025

    Trump Media Says Presidential Shield Deflects Investors' Suit

    President Donald Trump's social media company on Friday urged the Delaware Chancery Court to dismiss, or at least stay, a lawsuit brought by investors alleging that plans to take the platform public would cheat them out of their shares, arguing that a sitting president is shielded from civil litigation in state court.

  • January 24, 2025

    Del. Justices Reject Investor Suit Over Dropped Drug Prospect

    Delaware's Supreme Court on Friday upheld a Court of Chancery decision dismissing a Ception Therapeutics Inc. stockholder suit alleging breaches of an agreement to use commercially reasonable efforts before Cephalon Inc., which acquired Ception, and Teva Pharmaceuticals USA Inc. abandoned a new drug prospect.

  • January 24, 2025

    Chancery Keeps $4.6B Cvent Sale Challenge Alive

    Most claims moved forward toward trial Friday in a Delaware Court of Chancery suit alleging breaches of fiduciary duty by the directors and CEO of cloud-based event management technology provider Cvent Holding Corp. and its controlling stockholder in a $4.6 billion take-private sale to affiliates of Blackstone Inc.

  • January 24, 2025

    Deere Loses Fed. Circ. Bid To Revive Seeding Patent Fight

    The Federal Circuit on Friday shot down John Deere's appeal of its loss at the lower court in a case where a jury found that a rival's SpeedTube products didn't infringe a pair of patents, affirming a lower court's denial of the farming equipment giant's bid for a new trial.

  • January 24, 2025

    3rd Circ. Halts Pa. Med Insurer Suit Pending High Court Review

    The Third Circuit agreed Friday to put a hold on its ruling that Pennsylvania's medical malpractice insurance fund is an agency of the state and can dip into the fund's $300 million budget surplus pending the outcome of the fund's appeal to the U.S. Supreme Court.

  • January 24, 2025

    Lutnick Settles Chancery Suit Ahead Of Commerce Hearing

    Billionaire Howard L. Lutnick, President Donald Trump's nominee for secretary of commerce, has settled a Delaware Court of Chancery derivative suit accusing the Newmark Inc. principal executive officer of "blowing smoke" around his part in a $500 million stock-value gain in order to receive a $50 million bonus.

  • January 23, 2025

    Hiring Freeze, Ending Telework Would Devastate USPTO

    The U.S. Patent and Trademark Office would be uniquely harmed if forced to follow the Trump administration's return to office mandate, given its nearly 30-year history of telework that has led to 96% of its employees being permanently remote.

  • January 23, 2025

    Ryanair's 'Piracy' Jury Win Over Booking.com Gets Undone

    A federal judge has decided that Ryanair failed to show that Booking.com made enough money scraping flight data from the discount Irish airline to justify a verdict in its favor, overturning a jury verdict out of Delaware last year that found the website broke computer fraud laws.

  • January 23, 2025

    Del. Justices Won't Revive Skechers Inc. Aircraft Use Suit

    Delaware's top court on Thursday grounded with scant comment a derivative suit appeal filed on behalf of a stockholder of comfort shoemaker Skechers USA Inc. seeking revival of a dismissed lower court case alleging failure to control top executives' use of corporate aircraft for personal travel.

  • January 23, 2025

    McKinsey Not Covered For Over 260 Opioid Suits, Chubb Says

    A group of Chubb insurers said they have no duty to defend or indemnify McKinsey & Co. in more than 260 suits accusing the management consulting firm of contributing to the opioid epidemic, telling a Delaware state court that the underlying suits do not seek damage "because of" bodily injury.

  • January 23, 2025

    Yellow Corp. Says It Acted In Good Faith With WARN Notices

    Defunct trucking company Yellow Corp. told a Delaware bankruptcy judge on Thursday that its last delivery was made the day before it laid off 22,000 union workers, making it a "liquidating fiduciary" that would not be liable for inadequate mass-layoff notices under the WARN Act.

  • January 23, 2025

    3rd Circ. Backs Tossing USCIS Green Card Wait Time Suit

    The Third Circuit ruled in a precedential opinion on Thursday that the courts don't have jurisdiction over an Indian couple's claims that the U.S. Citizenship and Immigration Services' policy of postponing adjudication of certain green card applications violates the law, because the agency has the delegated power to set its own systems for handling applications.

  • January 23, 2025

    7th Circ. Says Ex-Manager's Noncompete Allowed Clawback

    The Seventh Circuit reopened an auto parts company's lawsuit seeking to recover proceeds a plant manager got from selling shares he was granted, saying Delaware's top court has made clear that a lower court shouldn't have analyzed whether the forfeiture-for-competition provisions of the stock agreements were reasonable.

  • January 23, 2025

    Unsigned Bladder Drug Patent Deal Not Binding, Judge Rules

    A federal judge has rejected Astellas Pharma's request to enforce a purported settlement with MSN Pharmaceuticals in a patent dispute over MSN's planned generic version of an overactive bladder drug, holding that the deal is not binding because MSN never signed it.

  • January 23, 2025

    Chancery Tosses Suit Challenging $10.2B Zendesk Sale

    Rejecting stockholder claims of misstated or omitted deal terms, a Delaware vice chancellor on Wednesday dismissed a suit accusing managers of software-as-a-service venture Zendesk Inc. of taking the company private at a $10.2 billion price far below earlier offers.

  • January 23, 2025

    GenapSys Says Paul Hastings Can't Keep Privileged Docs

    GenapSys is pushing back on Paul Hastings LLP's bid to force it to turn over documents that it had inadvertently released during discovery in a legal malpractice suit alleging that the law firm improperly drafted board documents that led to the "demise and liquidation" of the genetic-sequencing company.

  • January 23, 2025

    Exactech Seeks Bonuses For Top Execs For Ch. 11 Sale

    Bankrupt medical implant manufacturer Exactech asked a Delaware bankruptcy judge Thursday for permission to pay up to $5 million in bonuses to its top executives, saying they are performing necessary work for the company's sale plans.

  • January 23, 2025

    15 States Reach $7.4B Settlement With Sackler Family

    A bipartisan coalition of states on Thursday announced a $7.4 billion settlement in principle with the Sackler family and their company Purdue Pharma Inc., representing the largest settlement to date with the family accused of contributing significantly to the opioid epidemic.

  • January 22, 2025

    Crocs Investor Sues Over Dismal Heydude Footware Biz

    Crocs Inc. and its top brass were hit Wednesday with a proposed class action in Delaware federal court over disappointing returns from its Heydude subsidiary, which investors allege dragged down the rubber-clog maker's earnings.

  • January 22, 2025

    Del. Justices Probe $10.4B Anaplan-Thoma Bravo Deal

    The Delaware Supreme Court on Wednesday repeatedly asked attorneys what Anaplan Inc.'s officers needed to tell shareholders before they voted on the company's $10.4 billion sale to private equity firm Thoma Bravo, probing what sorts of disclosures would be required under the First State's so-called Corwin doctrine.

  • January 22, 2025

    Waste Co. Says Ex-Director Used Secret Info For Sabotage

    Commercial waste management company RTS has accused a former board director in Delaware Chancery Court of misusing its confidential information and deliberately sabotaging the business to try to force a cheap sale to the ex-director's private equity firm.

  • January 22, 2025

    Hotel Guests Urge 3rd Circ. To Revive Algorithmic Pricing Suit

    Guests accusing Atlantic City hotel-casino owners of inflating room rates by using the same software have told the Third Circuit that a lower court was wrong to rely on a similar case targeting room rates in Las Vegas when dismissing their claims.

  • January 22, 2025

    Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals

    The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.

  • January 22, 2025

    Nixed Invitae Asset Buyer Asks Ch. 11 Court To Stop Litigation

    Genetic testing company Natera has launched an adversary lawsuit against Invitae, a competitor that sought insolvency protection last year, asking a New Jersey bankruptcy judge to stop Invitae's Chapter 11 plan administrator from collecting payments owed under a rejected contract.

  • January 22, 2025

    Captive Insurance Co. Head Seeks Tax-Shelter Fine Refund

    A tax attorney who heads a business that creates captive insurance companies said the IRS wrongly accused him of promoting an abusive tax shelter, telling an Ohio federal court the agency owes him a refund of penalties he handed over.

Expert Analysis

  • Racing Patents To The Fed. Circ.: Collateral Estoppel Lessons

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    As more and more parties find themselves in two different forums addressing the same issues and then competing in a race to the Federal Circuit, certain strategies can help despite unanswered questions on when Patent Trial and Appeal Board determinations trigger collateral estoppel, say attorneys at Akin.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • How AstraZeneca Ruling Could Change Dosage Patent Claims

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    If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Del. Dispatch: Clarifying Charter Amendment Vote Obligations

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    The Delaware Court of Chancery recently held in Gunderson v. The Trade Desk that only a majority stockholder vote is needed to approve a company's proposed reincorporation from Delaware to Nevada through a corporate conversion, which bodes well for other companies also considering leaving the First State, say attorneys at Fried Frank.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

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