Delaware

  • February 19, 2025

    EV Maker Nikola Hits Bankruptcy After Battery Recall

    Nikola Corp., maker of electric and hydrogen-powered trucks, filed for Chapter 11 bankruptcy protection Wednesday in Delaware, listing about $98 million of funded debt and blaming a sprawling battery pack recall for its financial troubles.

  • February 18, 2025

    Jury Awards Nearly $4M In Lawnmower Patent Trial

    A jury in Delaware federal court has found that power equipment company Techtronic Industries Co. Ltd. willfully infringed five lawnmower patents by China-based rival Chervon (HK) Ltd. and failed to prove that any of them were invalid, awarding just under $4 million as a reasonable royalty but declining to issue damages for lost profits or price erosion.

  • February 18, 2025

    Data Science Co. Director Admits $7M Skim In Del. Hearing

    An officer and co-founder of a Hong Kong-headquartered data science company who acknowledged skimming nearly $7 million from the business during a Delaware Court of Chancery hearing was found Tuesday to have breached his fiduciary duty to the company and was ordered to return the cash.

  • February 18, 2025

    Meta Repeats Push To Halt Social Media Coverage Row In Del.

    Meta urged a Delaware federal court again to stay coverage proceedings over underlying claims it deliberately designed its platforms to be addictive to adolescents, noting the Judicial Panel on Multidistrict Litigation may soon transfer the case to California federal court, where the underlying litigation is taking place.

  • February 18, 2025

    Vaccine Developer Files Ch. 11 Sale Plan With $11.5M Bid

    Omega Therapeutics, which develops mRNA vaccines, filed proposed bidding procedures in Delaware bankruptcy court, saying it hopes to get a sale approved by mid-April and has a stalking-horse bid in hand worth about $11.5 million.

  • February 18, 2025

    What's At Stake In Justices' Review Of IRS Debt Offsets

    A U.S. Supreme Court case that revolves around the IRS' use of offsets to collect a woman's contested tax liability could end up limiting taxpayers' collection due process rights and the U.S. Tax Court's jurisdiction in such circumstances. Here, Law360 looks at what’s at stake in the case.

  • February 18, 2025

    Proposed Tweaks To Del. Chancery Law Ignite DExit Firestorm

    Stockholder attorneys in Delaware pushed back immediately against two state Senate measures that would amend corporation law provisions at the center of recent debate over shareholder class lawsuits, big court awards and recent corporate moves to purportedly more business-friendly states such as Texas and Nevada.

  • February 18, 2025

    Chancery Tosses Class Suit Challenging Trade Desk CEO Pay

    Stockholders who sued to block an up to $5.2 billion, multiyear chairman's compensation package for global digital marketing venture The Trade Desk failed to show a required inference of director liability or bad faith, a Delaware vice chancellor has ruled.

  • February 15, 2025

    Real Estate Recap: Practice Pivot, Tariff Tax, Lennar's Lawyers

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest shifts in real estate law practice, a Big Law leader's predictions for a looming tariff "tax" debate, and a look at the legal talent behind homebuilder Lennar Corp.'s $5.8 billion spinoff.

  • February 14, 2025

    Digital Health Co. Beats Some Claims In SPAC Investor Suit

    A New Jersey federal judge has dismissed, with leave to amend, claims in an investor suit against a blank check company that took digital health equipment venture Butterfly Network Inc. public, finding that some of the shares the plaintiffs purchased are not traceable to the registration statement at issue in the suit.

  • February 14, 2025

    Insurers Say Del. Ruling Caps Redstone, NAI Coverage

    Four insurers for National Amusements Inc. and Shari Redstone are pointing to a recent Delaware Supreme Court ruling as supporting their claim that common, underlying wrongful acts bar two separate multimillion-dollar coverage claims for litigation costs in 2016 and 2019 focused on control of CBS and Viacom.

  • February 14, 2025

    Camston Wrather Files For Ch. 7 With Over $100M In Debt

    California-based sustainable resource recovery company Camston Wrather LLC has filed for Chapter 7 bankruptcy listing liabilities between $100 million and $500 million along with up to $50 million in assets, citing insufficient funding to continue operations.

  • February 14, 2025

    Judge Leaves Curbs On DOGE Treasury Access After Hearing

    A Manhattan federal judge left in place temporary curbs on sweeping powers handed by President Donald Trump to Elon Musk's government-slashing U.S. DOGE Service Temporary Organization, after 19 states challenged the organization's access to U.S. Treasury payment systems.

  • February 13, 2025

    4 Takeaways From 1st Opinion On AI Training And Fair Use

    A Delaware federal court's rejection of a company's fair use defense for using copyrighted material to train an artificial intelligence program is a key moment in the clash between copyright law and AI development, as both intellectual property owners and tech companies seek favorable judicial guidance.

  • February 13, 2025

    Del. Lawmakers Told Admin Response To Biz Unrest Looms

    Delaware's new secretary of state told lawmakers Thursday that news is imminent regarding the state's responses to reports that companies are considering moving their charters following purportedly negative rulings in high-profile corporate lawsuits.

  • February 13, 2025

    Tesla, Objector Appeal $730M Chancery Board Pay Deal

    Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.

  • February 13, 2025

    Mallinckrodt Fails To Halt Airgas' Generic Nitric Oxide Drug

    A Delaware federal judge has rejected Mallinckrodt Pharmaceuticals' attempt to block French industrial gas company Airgas Healthcare from selling a generic version of its inhaled nitric oxide treatment, saying Mallinckrodt didn't show enough evidence that Airgas infringed its patents or that it would suffer irreparable harm.

  • February 13, 2025

    Dem AGs Urge Companies To Keep DEI Programs In Place

    A coalition of 16 Democratic state attorneys general told companies Thursday not to immediately scrap programs meant to promote diversity, equity and inclusion within their organizations, saying these initiatives are largely legal despite threats from President Donald Trump's administration.

  • February 13, 2025

    Chancery OKs Appraisal Suit Fix For Sears Damage Ruling

    A Sears Hometown Stores investor that saw its Delaware Court of Chancery share appraisal suit tanked by the company's bankruptcy in 2019 won a $4.06 per share payout ruling Thursday in a Court of Chancery decision focused on fair price and full and incremental damage claims.

  • February 13, 2025

    Profs Back Hotel Guests In 3rd Circ. Algorithmic Pricing Case

    A group of academics has joined antimonopoly groups to support hotel guests accusing several Atlantic City casino hotels of using shared software to fix room rates in their Third Circuit fight to revive their suit.

  • February 13, 2025

    Conde Nast, Politico Are Latest To Bring AI Copyright Fight

    Conde Nast, Politico LLC and other publishers and news organizations on Thursday hit artificial intelligence company Cohere Inc. with a copyright infringement lawsuit in New York federal court, the latest salvo in the high-stakes battle over AI companies' use of published materials to train their models.

  • February 13, 2025

    Former 3rd Circ. Judge Jordan Joins Richards Layton

    Former Third Circuit Judge Kent A. Jordan is bringing the knowledge he gained during his more than two decades on the federal bench to help bolster Delaware firm Richards Layton & Finger PA's litigation department and help clients resolve disputes.

  • February 13, 2025

    4th Judge Rejects Trump's Take On Birthright Citizenship

    A Massachusetts federal judge on Thursday joined three other U.S. district courts in blocking President Donald Trump's executive order limiting birthright citizenship, rejecting the administration's interpretation of the 14th Amendment.

  • February 13, 2025

    Greenberg Traurig Adds Skadden Litigator In Delaware

    Greenberg Traurig LLP announced Thursday that it has hired a corporate and commercial litigator for its Delaware office who formerly worked at Skadden Arps Slate Meagher & Flom LLP.

  • February 13, 2025

    Chancery Gets Another Magistrate To Fill Vacancy

    Delaware's Chancery Court has added another magistrate to help move its caseload, this time bringing on a longtime state Department of Justice worker who formerly headed the department's felony trial unit and was also previously its chief legal ethics officer.

Expert Analysis

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Post-Election Implications For The EPA's Methane Rules

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    Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.

  • 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

    Excerpt from Practical Guidance
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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. 

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