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Delaware

  • June 16, 2025

    Water Filter Co. Seeks Help Getting Clorox's Deleted Emails

    A water filtration company accusing Clorox Co. and its Brita brand of a "patent ambush" to corner the market on home water filters has told a Pennsylvania federal court it needs assistance obtaining emails Clorox purportedly admitted to getting rid of through an auto-delete policy.

  • June 16, 2025

    Mass. Judge Blocks NIH Grant Cuts, Points To 'Discrimination'

    A Massachusetts federal judge on Monday blocked the National Institutes of Health from cutting hundreds of grant programs to universities, hospitals and other organizations, saying that in his 40 years on the bench he had never seen such "palpable" racial and LGBTQ discrimination from the government.

  • June 16, 2025

    All 50 States Agree To Purdue Pharma's $7.4B Settlement

    Attorneys general from 55 U.S. states and territories on Monday backed Purdue Pharma's $7.4 billion deal to settle opioid injury claims against the company and the Sackler family, almost a year after the U.S. Supreme Court threw out Purdue's previous plan to end litigation over its role in the opioid epidemic.

  • June 16, 2025

    Home Decor Retailer Blames Tariffs For New Ch. 11 Filing

    Household furnishing retail chain At Home Group Inc. filed for Chapter 11 protection Monday with just shy of $2 billion of debt, saying recent uncertainty over tariffs worsened its highly leveraged balance sheet and drove it into bankruptcy.

  • June 16, 2025

    Justices Turn Away Merck's Bone Drug Warning Label Row

    The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.

  • June 16, 2025

    Justices Take Up NJ Anti-Abortion Group's Subpoena Fight

    The U.S. Supreme Court on Monday agreed to review the Third Circuit's dismissal of an anti-abortion pregnancy center's federal lawsuit challenging a subpoena from the New Jersey attorney general demanding information about its donors.

  • June 16, 2025

    High Court Skips NexStep's Patent Fight With Comcast

    The U.S. Supreme Court on Monday聽rejected聽NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated聽patent law's doctrine of equivalents.聽

  • June 13, 2025

    Real Estate Recap: Builders' Hack, Korean Mezz, Hotel Angst

    Catch up on this past week's key developments by state from Law360 Real Estate Authority 鈥 including an inside look at California's Builder's Remedy, aggressive moves by South Korean mezzanine lenders, and why one BigLaw hospitality leader says hotels are "scared to death."聽

  • June 13, 2025

    More Aspen Tech Stockholders Pile In For Del. Mega-Appraisal

    A new Aspen Technology Inc. stockholder group launched a team demand Friday for Delaware Court of Chancery appraisal of their shares prior to the company's $265 per share, $7.2 billion minority stake acquisition by Emerson Electric Co., with other suits and related actions still pending.

  • June 13, 2025

    Wabtec Gets Caterpillar Unit's Antitrust Claims Tossed

    A Delaware federal judge has dismissed Caterpillar subsidiary Progress Rail's antitrust claims over rail giant Wabtec's 2019 merger with General Electric's transportation unit but refused to dismiss breach of contract and other claims.

  • June 13, 2025

    Cisco Unit Beats Infringement Suit Over Authentication Patent

    A federal jury in Delaware on Friday cleared Cisco-owned security software company Duo Security Inc. of allegations it infringed a patent covering verification technology while also finding that the claims at issue were invalid.

  • June 13, 2025

    PE Firm Caused Policyholder To Overpay, R&W Insurer Says

    A representations and warranties insurer accused a private equity firm in Delaware Chancery Court of causing its policyholder to pay too much in its $140 million acquisition of a construction equipment manufacturer, arguing the firm must reimburse the insurer for its $12 million coverage payment.

  • June 13, 2025

    3rd Circ. Won't Rehear Bid To Toss Boy Scouts' Ch. 11 Plan

    The Third Circuit declined to hold a panel or full court rehearing of its May decision to uphold the Boy Scouts of America's Chapter 11 bankruptcy plan in a pair of Friday orders rejecting petitions by two sets of abuse survivors, with the orders implying some judges on the court had supported taking another look.

  • June 13, 2025

    2024 Patent Litigation: A Year In Review

    The Eastern District of Texas held onto its newly regained title as the busiest patent venue in the U.S., with nearly three times as many cases in 2024 as the once-dominant Western District of Texas. In addition, Patent Trial and Appeal Board filings bounced back after falling to a record low in 2023.

  • June 13, 2025

    Judge Blocks Trump Voting Order Requiring Citizenship Proof

    A Massachusetts federal judge on Friday blocked enforcement of what she called a likely unconstitutional Trump administration executive order requiring physical proof of citizenship to vote and invalidating ballots received after Election Day, saying the president lacks authority to override existing voting laws.

  • June 12, 2025

    Fla. Doc Sues In Del. Alleging Multistate Group Conspiracy

    A Florida doctor and emergency room companies serving departments in Texas, Florida and Oklahoma have sued multiple entities in Delaware's Court of Chancery allegedly involved in an elaborate private equity-tied scheme to duck bans on the corporate practice of medicine.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

  • June 12, 2025

    These Firms Are Landing The Most PTAB Work

    Intellectual property powerhouse Fish & Richardson again secured the top spot on a list of firms appearing in the most trials over the past three years in front of the Patent Trial and Appeal Board.

  • June 12, 2025

    Calif. Sues Trump Over 'Wildly Partisan' EV Waiver Repeal

    The California attorney general and 10 other states sued the Trump administration in federal court Thursday, minutes after President Donald Trump signed resolutions repealing California's Clean Air Act waiver that allowed the state to establish its own vehicle emissions standards, slamming the resolutions as unconstitutional, irrational and "wildly partisan."

  • June 12, 2025

    Deal Ends Freedom Mortgage's Appeal Of $23M Verdict

    Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.

  • June 12, 2025

    Inovalon Investors' Revived Chancery Suit Moves Forward

    A Delaware chancellor sent into discovery investors' claim that Inovalon didn't properly disclose that a consortium of private equity firms that bought the healthcare data company paid $400 million in fees to its financial adviser before the transaction, dismissing some claims but finding it is "reasonably conceivable" that the suit's defendants acted in bad faith.

  • June 12, 2025

    Judiciary Committee Clears Squires For Full Senate Vote

    The U.S. Senate Judiciary Committee approved former Goldman Sachs intellectual property attorney John Squires to serve as U.S. Patent and Trademark Office director on Thursday, putting his nomination in the hands of the full Senate.

  • June 12, 2025

    Chancery Tags AstraZeneca Unit For $180M 'Expectation' Loss

    Rejecting calls for a $755 million award, a Delaware vice chancellor ruled late Wednesday that a biopharmaceutical company's shareholders are due $180.9 million in post-merger "expectation damages" plus interest after an AstraZeneca PLC unit's failure to reasonably pursue an acquired drug prospect.

  • June 11, 2025

    Consultant Pulls RTX Into Tech Co.'s $1.8M Contract Suit

    RTX Corp. is responsible for a business consulting firm's inability to pay a tech subcontractor for data migration work, according to a third-party complaint that dragged the aerospace and defense giant into a $1.8 million court battle in聽Connecticut.

  • June 11, 2025

    Del. Justices Press Atty On Earnout Damage Bid Despite Miss

    Delaware Supreme Court justices focused on the basics Wednesday during data management venture STX Business Solutions LLC's bid to revive a suit that was tossed by the Court of Chancery in October and accused a buyer of skipping a profitable deal to avoid paying an "earnout" bonus of up to $5.5 million.

Expert Analysis

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it 鈥 and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • UK Lawyers Can Access Broad US Discovery To Win Cases

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    Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted 鈥 with many applications even proceeding without contest, say lawyers at Miller & Chevalier.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Predicting Where State AGs Will Direct Their Attention In 2025

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    In 2025, we expect state attorneys general will navigate a new presidential administration while continuing to further regulate and police financial services, artificial intelligence, junk fees and antitrust, say attorneys at Troutman Pepper.

  • A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond

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    Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.

  • Chancery May Have Raised Bar For Books, Records Requests

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    The Delaware Court of Chancery recently approved the聽denial of a books and records demand against Amazon, raising important questions about what evidence and purpose a stockholder is required to show to succeed on such a request, say attorneys at Selendy Gay.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law 鈥 including design patent obviousness, expert testimony admissions and patent term adjustments 鈥 all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024鈥檚 uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts鈥 resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • Top 10 Noncompete Developments Of 2024

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    Following an eventful year in noncompete law at both state and federal levels, employers can no longer rely on a court's willingness to blue-pencil overbroad agreements and are proceeding at their own peril if they do not thoughtfully review and carefully enforce such agreements, say attorneys at Faegre Drinker.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • Best Practices To Find Del. Earnout Provisions That Hold Up

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    Recent Delaware earnout litigation illustrates the need for careful drafting and proactive planning to avoid later divergent interpretations of the signed contract, and a series of drafting tips can help, say attorneys at Cozen O'Connor.

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