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Delaware
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July 31, 2025
Judge Questions Gov't Objection To Shielding FEMA Funds
A Massachusetts federal judge Thursday questioned the Trump administration's assertion that it has not redirected funds allocated by Congress for natural disaster mitigation efforts toward other Federal Emergency Management Agency programs, even as the government was objecting to states' narrow request to protect the funds for now.
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July 31, 2025
Immigration Board Raises Bar To Fight State Drug Convictions
The Board of Immigration Appeals ruled that an individual fighting removal after being convicted on state drug charges has the burden of proving the law they were convicted under is broader than federal law to prevail to avoid deportation.
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July 31, 2025
Split 3rd Circ. Expels Rutgers MBA Fraud Suit Over Standing
The plaintiff leading a proposed class action against Rutgers University for allegedly cooking its MBA rankings by fudging job placement statistics doesn't have standing because he was in a different part-time certificate program, a split Third Circuit has ruled, affirming a New Jersey federal court's decision.
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July 31, 2025
Fintech, BofA, JPMorgan Face Class Suit Over Cyberattack
Financial software company Finastra Technology Inc., Bank of America and JPMorgan Chase Bank NA face a proposed class action alleging they failed to properly safeguard customers' personal information that was exposed by a data breach.
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July 30, 2025
3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit
A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.
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July 30, 2025
Newmark Seeks Del. Nod For Ex-Broker Equity Sanctions
Global commercial real estate giant Newmark Holdings Inc. has sued for a Delaware Court of Chancery declaratory judgment confirming cancellation of cash, stock or restricted shares potentially earned by a Midwest contractor and his company, alleging secret handoffs of prospects and deals to a competitor.
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July 30, 2025
Court Urged To Free Micron From Netlist's Infringement Threat
Micron has asked a Delaware federal court to conclude that it's not infringing a Netlist patent covering a computer memory technology, alleging in a complaint that Netlist keeps going after Micron with "non-credible infringement allegations of facially invalid patents."
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July 30, 2025
Blue Bell Class Seeks Settlement Records In Derivative Suit
Attorneys for a Blue Bell Creameries USA Inc. stockholder class sought a Delaware Court of Chancery order compelling access to records concerning a $60 million settlement of liability claims after a deadly ice cream contamination incident in 2015.
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July 30, 2025
3rd Circ. Says Quote From Earlier Case Doesn't Nix Sentence
A federal judge who gave a Dominican citizen a stiffer sentence after a second arrest improperly failed to warn the defendant that he would quote from the first sentencing, but the Third Circuit on Wednesday denied a do-over because the defendant didn't show that having notice would have changed the outcome.
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July 30, 2025
Trump Official Denies Shutting Down FEMA Disaster Program
The administrator of the Federal Emergency Management Agency told a Massachusetts federal judge that President Donald Trump's administration has not decided whether to end the agency's flagship natural disaster protection program, despite a lawsuit by 20 states claiming it had been shut down.
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July 29, 2025
States Sue To Block Feds' Demand For Benefit Recipient Data
Nearly two dozen state attorneys general are fighting the USDA's directive for states to turn over private information about millions of food assistance benefit recipients, arguing in a new lawsuit filed in California federal court that this demand violates multiple privacy laws and the U.S. Constitution.
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July 29, 2025
Affirmed Energy Says FERC Unlawfully Cut Auction Rights
Affirmed Energy LLC told the D.C. Circuit the Federal Energy Regulatory Commission can't justify orders approving PJM Interconnection LLC's proposal to bar energy efficiency resources from participating in its electricity capacity auctions.
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July 29, 2025
Senate Confirms DOJ Official Emil Bove To 3rd Circ.
The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.
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July 29, 2025
Chancellor Partly Reverses Toss Of Pioneer Merger Doc Suit
A Pioneer Natural Resources stockholder has won a battle but lost the war in a Delaware Court of Chancery review of a senior magistrate's denial of expanded access to books and records on Pioneer's $59.5 billion May 2024 merger with Exxon-Mobil.
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July 29, 2025
OxyChem, Nokia Tell 3rd Circ. Passaic Cleanup Deal Is Unfair
Occidental Chemical Corp. and Nokia of America Corp. on Monday asked the Third Circuit to reverse a New Jersey federal district court's approval of a $150 million settlement to clean up the Lower Passaic River.
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July 29, 2025
Prime Core Ch. 11 Trust Seeks Return Of $2.1M In Transfers
The litigation trust for Prime Core Technologies has sued to claw back $2.1 million in cash and cryptocurrency paid out to customers in the weeks before its bankruptcy filing, saying other creditors are facing a serious recovery shortfall worsened by the payments.
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July 29, 2025
Del. Judge Lets Realtek Beat IP Suit With Alice Invalidation
A Delaware federal judge has invalidated the communications patent Media Content Protection LLC accused Realtek Semiconductor Corp. of infringing, finding it doesn't meet patent eligibility requirements.
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July 29, 2025
3rd Circ. Says DOL H-2A Case Should Have Been In Fed. Court
A New Jersey farm was entitled to have a federal court weigh in on the U.S. Department of Labor's allegations that it flouted H-2A visa program requirements, the Third Circuit ruled Tuesday, finding the DOL improperly relied on in-house administrative proceedings to impose over $580,000 in fines.
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July 29, 2025
Del. Justices Undo Amazon's Chancery Win In Docs Row
A Delaware Supreme Court panel has reversed a Court of Chancery decision tossing a suit from Amazon stockholders seeking company documents to probe alleged anticompetitive behavior, wrongdoing and mismanagement, finding the lower court declared the claims "overbroad" without considering their credibility.
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July 29, 2025
22 States Sue To Block Defunding Of Planned Parenthood
California and more than 20 other states on Tuesday launched their own legal challenge to budget legislation that halts federal Medicaid funding for Planned Parenthood, alleging the measure illegally targets the organization and violates its First Amendment rights.
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July 29, 2025
Justices Can Fix Circuit Split On Compassionate Release
The First Step Act drastically reduced the mandatory minimum sentences for certain federal crimes, but it will be up to the U.S. Supreme Court to settle a 6-4 circuit split over whether courts can consider those changes when weighing a prisoner's compassionate release, attorneys tell Law360.
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July 29, 2025
Insurer Says Misrepresentations Void Real Estate Co.'s Policy
Material misrepresentations in a commercial real estate firm's insurance renewal application mean the insurer has no duty to defend the firm or a former director against a $6.5 million claim related to the sale of a client's properties, the insurer told an Indiana federal court.
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July 29, 2025
Wash. Atty Disbarred In Del. For 'Pattern Of Misconduct'
Delaware's Supreme Court has barred a Washington attorney from practicing law in the First State, saying he "engaged in a pattern of misconduct" and "acted with a selfish or dishonest motive" by not informing a state court that granted him a temporary admission that there were pending disciplinary proceedings against him in another jurisdiction.
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July 28, 2025
EXp Holdings Accused Of 'Bad Faith Inaction' In Del. Suit
An attorney for stockholders of real estate brokerage eXp World Holdings Inc. told Delaware's chancellor Monday the company's response to long-running sexual assault allegations was an example of "bad faith inaction" rather than good faith responses.
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July 28, 2025
UpHealth Moves To Toss Glocal Ch. 11 Dispute
Bankrupt medical tech company UpHealth is urging a Delaware bankruptcy judge to nix a $200 million adversary proceeding launched by Glocal Healthcare in a bitter feud over an ill-fated merger, accusing the Indian digital healthcare services platform of bad faith through a pattern of delay and obfuscation.
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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New DOJ Penalty Policy Could Spell Trouble For Cos.
In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.
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High Court Cert Spotlights Varying Tests For Federal Removal
A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons
The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.
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APA Relief May Blunt Justices' Universal Injunction Ruling
The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.
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Building Better Earnouts In The Current M&A Climate
In the face of market uncertainty, we've seen a continued reliance on earnouts in M&A deals so far this year, but to reduce the risk of related litigation, it's important to use objective standards, apply company metrics cautiously and ensure short time periods, among other best practices, say attorneys at White & Case.
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Managing Risks As State AGs Seek To Fill Enforcement Gap
Given an unprecedented surge in state attorney general activity resulting from significant shifts in federal enforcement priorities, companies must consider tailored strategies for navigating the ever-evolving risk landscape, say attorneys at Cozen O'Connor.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Special Committees Gain Traction In Chapter 11 Investigations
Excerpt from
Tara Pakrouh at Morris James discusses why special committees are becoming more common in Chapter 11 bankruptcies, how they've been used in real cases and what makes them effective.
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How Real Estate Funds Can Leverage Del. Statutory Trusts
Over the last two years, traditional real estate fund sponsors have begun to more frequently adopt Delaware Statutory Trust programs, which can help diversify capital-raising strategies and access to new sources of capital, among other benefits, say attorneys at Polsinelli.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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FDA's Hasty Policymaking Approach Faces APA Challenges
Though the U.S. Food and Drug Administration has abandoned its usual notice-and-comment process for implementing new regulatory initiatives, two recent district court decisions make clear that these programs are still susceptible to Administrative Procedure Act challenges, says Rachel Turow at Skadden.