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Delaware

  • October 15, 2025

    3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez

    The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.

  • October 14, 2025

    NJ, Del. Judges Stress Value Of Local Counsel For IP Attys

    Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.

  • October 14, 2025

    Skinny Labels, Orange Book Take Center Stage In IP Talks

    Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.

  • October 14, 2025

    Full 3rd Circ. Won't Rethink $45M CareDx False Ad Case

    The Third Circuit on Tuesday turned down medical testing company CareDx's request to have a full panel mull whether to reinstate a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • October 14, 2025

    Mining Company Seeks Judge's Removal From Citgo Auction

    A bidder in the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt has asked to disqualify a Delaware federal judge from the forced judicial auction, saying it submitted the top bid of $7.9 billion but unfairly lost out to a competitor's lower bid.

  • October 14, 2025

    LG Subsidiary Sued In Del. Over Share Pledge Blocks

    Two tech company stockholders sued a majority shareholding affiliate of LG Electronics Inc. in Delaware's Court of Chancery Tuesday, alleging wrongful blocking of rights to pledge shares of the tech company for loans and accusing Zenith of scheming to squeeze out minority investors.

  • October 14, 2025

    Split 3rd Circ. Won't Redo Order To Count Undated Ballots

    The Third Circuit on Tuesday narrowly rejected a request to take another look at its ruling that Pennsylvania's counties can not discard mail-in ballots with misdated or absent dates on their outer envelopes, with six of the 14 circuit judges, including new-Trump appointee Judge Emil Bove, voting to reconsider its ruling in light of emerging election law in the state.

  • October 14, 2025

    Prime Core's Trust Seeks $93.6M Clawback After Bankruptcy

    The litigation trust overseeing bankrupt crypto custodian Prime Core Technologies Inc. has launched a clawback suit in the U.S. Bankruptcy Court for the District of Delaware, seeking to recover nearly $93.6 million in alleged preferential transfers made to a London-based trading partner in the weeks before Prime's collapse.

  • October 14, 2025

    3rd Circ. Vacates Injunction Over Erie Indemnity Fee Claims

    A Pennsylvania federal court erred in preliminarily halting a state court action challenging Erie Indemnity Co.'s collection of a management fee, the Third Circuit ruled Tuesday, rejecting Erie Indemnity's position that two similar, now-dismissed lawsuits precluded the state court action from proceeding.

  • October 14, 2025

    Judge Slams Feds' 'Ham-Handed' Bid To Skirt DHS Aid Order

    The U.S. Department of Homeland Security and other federal agencies did "precisely" what a Rhode Island federal court forbade when they recently told states that they must agree to help with immigration enforcement in order to receive disaster and security funding, a judge ruled Tuesday.

  • October 14, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.

  • October 14, 2025

    Chancery Pushes Forward SaaS Co. Share Buyback Suit

    A stockholder challenge to a tech company share repurchase seen as restoring, without cost, a co-founder's majority voting control won Delaware Court of Chancery fast-tracking on Tuesday, with a vice chancellor asking if the action could implicate expanded "safe harbor" protections already under state Supreme Court review.

  • October 14, 2025

    Blood Test Co. Can't Escape Willful Infringement Claims

    A company that makes diagnostic medical tests has been denied a bid to escape from a medical research firm's claims that it willfully infringed patents when a judge held that reading the allegations in combination creates a plausible basis that the company had knowledge of the patents.

  • October 10, 2025

    Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.

  • October 10, 2025

    Chancery Resolves Caribevision TV's Control, Management

    A series of rulings by a Delaware vice chancellor on Friday resolved for now disputes over control of Caribevision TV Network LLC, the self-described media "eyes and ears of the Caribbean" that recently saw police called in to block an attempt to replace the company's CEO.

  • October 10, 2025

    'LinkedIn For Doctors' Accused In Chancery Of Inflating Data

    A shareholder of a San Francisco-based networking company for healthcare workers filed a derivative suit Friday in the Delaware Chancery Court accusing the CEO and directors of overstating user engagement and deceiving investors.

  • October 10, 2025

    SEC's Atkins Criticizes Del. As 'Uninterested' In IPO Reform

    U.S. Securities and Exchange Commission Chair Paul Atkins said he is "disappointed" by recent changes to Delaware law that he believes will drive up litigation costs for public companies and make the state seem "uninterested in reform" that would encourage more companies to file initial public offerings there.

  • October 10, 2025

    GoPro Beats Infringement Claims In $174M Camera IP Trial

    A California federal jury cleared camera giant GoPro of accusations that some of its products infringed two video camera technology patents in a case where Contour IP Holding LLC had sought $174 million in damages.

  • October 10, 2025

    X Corp. Workers Seek Redo On Severance Claims In Del.

    Six former X Corp. employees have argued in a lawsuit naming billionaire Elon Musk that a federal circuit judge was "manifestly looking in the wrong place" when he found that those who sued for severance benefits lacked standing for their claims after Twitter's merger with X Corp.

  • October 10, 2025

    Dish Streaming Patent Fight Sent To Utah For Witnesses' Ease

    A case brought by Pornhub's owner seeking a declaration that it did not infringe three of Dish Technologies LLC's patents could likely be litigated more conveniently in Utah, a Delaware federal judge has said in transferring the suit.

  • October 09, 2025

    US Wind Fights For Countersuit Against Offshore Project Foes

    US Wind Inc. is asking a Maryland federal court to allow it to proceed with claims against local governments and community, business and environmental groups that are challenging the approval of a wind energy project off the state's coastline.

  • October 09, 2025

    NJ Justices Probe Insurer's Role In $12M Settlement Fight

    The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.

  • October 09, 2025

    Judge Axes Cell Analysis Patent In Case Against Parse

    A federal magistrate judge in Delaware has trimmed a suit accusing biotechnology company Parse Biosciences of infringing patents covering a way of detecting target molecules in cell samples, finding one of the patents was invalid.

  • October 09, 2025

    ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal

    The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.

  • October 09, 2025

    Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.

    The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.

Expert Analysis

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

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