Delaware

  • January 03, 2025

    Biden Honors Del. Jurist For Role In Brown V. Board Ruling

    President Joe Biden issued a top civilian award, posthumously, to former Chancellor Collins J. Seitz of Delaware Chancery Court, father of the state's current chief justice, for his role in decisions woven into the U.S. Supreme Court's landmark 1954 Brown v. Board of Education ruling.

  • January 02, 2025

    3rd Circ. Again Remands Honduran Woman's Removal Order

    The Third Circuit on Thursday again remanded a Honduran woman's removal order challenge back to the Board of Immigration Appeals, saying the agency made mistakes when considering whether she rebutted a presumption that an immigration hearing notice was delivered to her.

  • January 02, 2025

    Boston Dynamics Settles Robot IP Suit With Rival

    Boston Dynamics Inc. has agreed to a deal to end a patent infringement lawsuit it launched against competitor Ghost Robotics Corp. in Delaware federal court over artificial intelligence technology tested by the U.S. Air Force.

  • January 02, 2025

    Tesla Investors Appeal Chancery Rulings In Musk Pay Suit

    Three Florida-based Tesla Inc. stockholders have moved ahead with Delaware Supreme Court appeals aimed at Court of Chancery decisions that short-circuited the electric car company's 10-year, $56 billion compensation plan for Elon Musk and granted a $345 million cash award for class attorneys who won the decision.

  • January 02, 2025

    Meta Seeks To Pause Social Media MDL Coverage Fight

    Meta has urged a California federal court to find that its insurers cannot yet litigate to attempt to avoid covering thousands of pending lawsuits accusing the social media giant of deliberately designing its platforms to be addictive to adolescents, arguing that the coverage issues overlap with issues in the underlying cases.

  • January 02, 2025

    Comcast Foe Fails To Resurrect Patent Case Over Xfinity App

    The full Federal Circuit on Thursday denied a request to look at a decision overturning a Delaware federal jury's infringement verdict in favor of a small California company that has been suing Comcast over patent claims for the past five years.

  • January 02, 2025

    Celsius To Challenge $445M Claim Denial In FTX Bankruptcy

    Celsius Network's post-Chapter 11 plan counsel filed an appeal on Thursday of a Delaware bankruptcy judge's denial of the cryptocurrency network's amended $444.6 million claim against fellow bankrupt crypto platform FTX.

  • January 02, 2025

    Bankrupt Pa. City Must Remit Casino Revenue, County Argues

    Pennsylvania's Delaware County has asked the Third Circuit to undo a bankruptcy court's ruling that the financially ailing city of Chester is excused from paying the county revenue from gambling taxes because of the city's Chapter 9 proceedings, despite an ordinance mandating that the county get a cut of the money.

  • January 02, 2025

    Del. Courts Gavel Out 2024 With Fox, Opioid Case Rulings

    2024 went out with a flurry of rulings in Delaware's corporate and commercial law courts, while the new year saw a Chancery veteran become that court's first senior magistrate. Here's a quick roundup of the latest news in First State courts.

  • January 02, 2025

    'Crush-Resistant' OxyContin Patents Fail At Fed. Circ.

    In one of its last major moves in 2024, the Federal Circuit decided to reject an appeal from the bankrupt maker of OxyContin, which is trying to use patent laws to block the release of a competing "crush-resistant" generic painkiller.

  • January 02, 2025

    Feds Ink $1B Supply Deal With Constellation Nuke Plants

    The U.S. General Services Administration said Thursday it has cut the largest energy procurement deal in its history after purchasing 10 million megawatt-hours of electricity from Baltimore-based Constellation New Energy Inc. in combined energy contracts totaling more than $1 billion.

  • January 02, 2025

    Terraform Founder Arraigned In NY, Denies $40B Crypto Fraud

    Terraform Labs creator Do Kwon appeared Thursday before a Manhattan federal judge to deny charges that he orchestrated a $40 billion fraud on customers and investors who backed the cryptocurrency platform based on promises that it had real-world viability.

  • January 01, 2025

    Trump Begins 2nd Term With At Least 45 Judge Seats To Fill

    Incoming President Donald Trump will take office Jan. 20 with 45 seats on the federal bench to fill. Currently, there are 39 empty seats on U.S. district and circuit courts and 6 pending vacancies due to announced retirements and plans to take senior status, three of which opened on Dec. 31 and another that opened Jan. 2.

  • January 02, 2025

    D&O, Cyber Issues Top Specialty Line Cases To Watch In 2025

    2025 promises to usher in significant developments in ongoing litigation fights over crucial specialty line insurance issues, including directors and officers and cyber risk policies. Here, Law360 speaks to experts for carriers and policyholders on the top cases to watch in the new year.

  • January 01, 2025

    Delaware Courts Face Complex, 'Exciting' Litigation In 2025

    Delaware's corporate and commercial law courts are heading into 2025 with a heavier caseload than ever, while facing unprecedented criticism from the corporate bar, state lawmakers and unhappy litigants in a changing social and political landscape.

  • January 02, 2025

    3M, Meta MDLs Top General Liability Cases To Watch In 2025

    Courts across the country are expected to weigh in on a number of important issues this year in general liability insurance cases, led by a multidistrict litigation coverage suit in Delaware against Facebook that raises similar issues seen in opioid coverage battles. Here, Law360 looks at the top cases to watch this year.

  • January 01, 2025

    Copyright Cases To Watch In 2025

    Several copyright cases involving artificial intelligence are teed up for major rulings in 2025, with attorneys anxiously awaiting what courts have to say about fair use, and at the Ninth Circuit, a photographer will argue for the reversal of a jury finding that a tattoo artist didn't infringe his photo of Miles Davis. Here are Law360's picks for copyright cases to watch in 2025.

  • January 01, 2025

    Food & Beverage Cases To Watch In 2025

    Food and beverage attorneys have no shortage of interesting issues to follow in 2025, from Albertsons turning on Kroger after their proposed $25 billion merger was blocked, to new state laws covering the life cycle of single-use packaging, and claims over heavy metals and "forever chemicals" contaminating food.

  • January 01, 2025

    Patent Litigation Trends To Watch In 2025

    Litigation funding resulting in more heated disputes, artificial intelligence tools becoming a fact of life for patent attorneys and increased use of patent reexaminations are among the trends attorneys will be keeping tabs on in the coming year.

  • December 23, 2024

    Biden Vetoes Bill To Add New Judgeships

    President Joe Biden vetoed a bill Monday that would have added more federal judgeships, despite the judiciary's plea that more seats on the bench are needed desperately.

  • December 23, 2024

    3rd Circ. Must Make Newspaper Rescind Changes, NLRB Says

    The National Labor Relations Board asked the Third Circuit to greenlight an injunction against the publisher of the Pittsburgh Post-Gazette involving a yearslong negotiating dispute with a NewsGuild affiliate, seeking compliance with portions of a board decision that required the company to walk back unilateral changes.

  • December 23, 2024

    Amazon Infringed Nokia's Video Tech IP, ITC Judge Says

    A judge at the U.S. International Trade Commission has found Amazon was infringing a series of Nokia patents related to video technology.

  • December 23, 2024

    AI Co. ILearningEngines Hits Ch. 11 With $100M-Plus Debt

    Artificial intelligence software company iLearningEngines has filed for Chapter 11 protection in Delaware bankruptcy court with up to $500 million in debt after a recent cyberattack and proposed securities class action added to mounting pressures facing the company.

  • 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.

Expert Analysis

  • A Look At The Economic Impact Of Drug Patent Differentiation

    Author Photo

    Given the Federal Trade Commission’s recent emphasis on unfair competition based on disputed patent listings, pharmaceutical market participants are likely to require nuanced characterizations of actual and but-for market competition when multiple patents differentiate multiple products, say economists at Competition Dynamics.

  • Considering Possible PR Risks Of Certain Legal Tactics

    Author Photo

    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

    Author Photo

    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

    Author Photo

    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Del. Dispatch: Drafting Lessons For Earnout Provisions

    Author Photo

    The Delaware Court of Chancery's recent decision in Medal v. Beckett Collectibles provides guidance for avoiding ambiguity in provisions relating to the acceleration of earnout payments under specified circumstances, and provisions mandating good faith negotiations before bringing earnout litigation, say attorneys at Fried Frank.

  • Missouri Injunction A Setback For State Anti-ESG Rules

    Author Photo

    A Missouri federal court’s recent order enjoining the state’s anti-ESG rules comes amid actions by state legislatures to revise or invalidate similar legislation imposing disclosure and consent requirements around environmental, social and governance investing, and could be a blueprint for future challenges, say attorneys at Paul Hastings.

  • New Lessons On Managing Earnout Provision Risks

    Author Photo

    Earnout provisions can be a useful tool for bridging valuation gaps in M&A, particularly in developmental-stage pharmaceutical transactions, but the Delaware Chancery Court’s recent decision in Shareholder Representative Services v. Alexion sheds new light on the inherent risks and best practices for managing them, say attorneys at Cleary.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

    Author Photo

    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

    Author Photo

    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

    Author Photo

    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Finding Coverage For Online Retail Privacy Class Actions

    Author Photo

    Following recent court rulings interpreting state invasion of privacy and electronic surveillance statutes triggering a surge in the filing of privacy class actions against online retailers, companies should examine their various insurance policies, including E&O and D&O, for defense coverage of these claims, says Alison Gaske at Gilbert LLP.

  • Avoiding Corporate Political Activity Pitfalls This Election Year

    Author Photo

    As Election Day approaches, corporate counsel should be mindful of the complicated rules around companies engaging in political activities, including super PAC contributions, pay-to-play prohibitions and foreign agent restrictions, say attorneys at Covington.

  • Opinion

    Congress Must Do More To Bolster ERISA Protections

    Author Photo

    As the Employee Retirement Income Security Act turns 50 this month, we applaud Congress for championing a statute that protects worker and retiree rights, but further action is needed to ban arbitration clauses in plan provisions and codify regulations imperiled by the U.S. Supreme Court’s Chevron ruling, say Michelle Yau and Eleanor Frisch at Cohen Milstein.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

    Author Photo

    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

  • Why Attorneys Should Consider Community Leadership Roles

    Author Photo

    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!