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Delaware

  • September 23, 2025

    Jenzabar Investor Faces Multiple Suit Challenges In Del.

    A Delaware vice chancellor pressed an attorney for a trust stockholder of educational software company Jenzabar Inc. Tuesday to explain how another state's court empowered it with standing to bring derivative claims against a Delaware chartered company.

  • September 23, 2025

    DHS Floats H-1B Rule To Prioritize Higher-Paid Workers

    The Trump administration proposed a rule on Tuesday to change the H-1B lottery process to one that gives priority to higher-skilled workers at companies offering better pay, according to a Federal Register notice.

  • September 23, 2025

    Fed. Circ. Gives Bayer Chance To Save Xarelto Patent Claims

    The Federal Circuit revived several claims of a patent underpinning Bayer Pharma Aktiengesellschaft's blockbuster blood thinner Xarelto on Tuesday, sending the challenge brought by Mylan Pharmaceuticals Inc., Teva Pharmaceuticals USA Inc. and a Cipla unit back to the Patent Trial and Appeal Board.

  • September 23, 2025

    Apple Gets Judge To Ax MyPort Patent Suit Under Alice

    A Delaware federal court on Tuesday tossed for now MyPort Technologies Inc.'s lawsuit claiming Apple Inc. infringed four patents with its smartphones and tablets, finding all the patents were just "conventional."

  • September 23, 2025

    Software Co. Says Seller Is Trying To Back Out Of Merger Deal

    Software company Livefront LLC has sued in the Delaware Chancery Court to force through a stalled acquisition, accusing seller Zeal IT Consultants of trying to get out of an already agreed-upon deal.

  • September 23, 2025

    FTX Trust Seeks $1B From Crypto Miner Genesis Digital

    The recovery trust created under FTX's Chapter 11 plan has filed a lawsuit in Delaware bankruptcy court that aims to claw back more than $1 billion that FTX's founder invested in Genesis Digital Assets Ltd., accusing the bitcoin mining firm of overinflating its value and projections to secure the funds.

  • September 23, 2025

    Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.

    An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.

  • September 22, 2025

    $100K H-1B Fee Will Likely Hurt Both US And Foreign Workers

    The new $100,000 fee for H-1B visas, which took effect on Sunday with little advance notice, blindsided immigration attorneys who told Law360 that it could ultimately hurt domestic workers by driving U.S. companies to do business elsewhere.

  • September 22, 2025

    Investors Dunk Battle For Portland Hoops Team In Chancery

    An arm of sports, real estate and consumer goods venture RAJ Capital LLC sued on Monday in Delaware's Court of Chancery for a temporary restraining order enjoining interests of the Cherng Family Trust from pursuing deals, equity or other involvement in the NBA's Portland Trail Blazers.

  • September 22, 2025

    Chancery Orders New Doc Handover In Crypto Co. Merger Suit

    A busted crypto-venture merger battle resurrected by Delaware's Supreme Court last year took another turn Monday with a ruling by Delaware's chancellor compelling Galaxy Digital Holdings LLC's handover of records that crypto-wallet business Bitgo Holdings Inc. said ties Galaxy to an alleged crypto pump-and-dump scheme.

  • September 22, 2025

    J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told

    The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling. 

  • September 22, 2025

    Ligado OK'd For $7.8B Debt-For-Equity Swap Ch. 11 Plan

    A Delaware bankruptcy judge Monday agreed to approve telecommunications group Ligado Networks' debt-for-equity swap Chapter 11 plan, overruling the U.S. Trustee's objection over the plan potentially not taking effect for three years.

  • September 22, 2025

    Lighting Patent Case Against Warner Bros., Sony Stays Alive

    A Delaware federal court has refused to let entertainment industry titans Warner Bros. Entertainment, Sony Pictures Entertainment and Fox Corp. dodge a suit claiming they infringed various lighting patents, but agreed to trim some of the case.

  • September 22, 2025

    Catching Up With Delaware's Chancery Court

    Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.

  • September 22, 2025

    3rd Circ. Slams Attys For Debt Disputes Designed To Fail

    Pittsburgh law firm J.P. Ward & Associates sent rambling, handwritten debt dispute letters in its clients' names that were intended to fail so the attorneys could sue collectors for not recognizing the dispute, a Third Circuit panel said Monday in upholding sanctions against the firm in a pair of lawsuits.

  • September 19, 2025

    Trump Tags H-1B Visa Apps With $100,000 Fee

    President Donald Trump on Friday signed an executive order to impose a $100,000 fee for H-1B visas, framing it as a "restriction on entry" necessary to stem the entry of high-skilled foreign workers, particularly in science and technology fields.

  • September 19, 2025

    Real Estate Recap: Rate Cut, REIT Rules, Construction Debt

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including reactions to the Fed's interest rate cut, new guidance for states reviewing securities issued by public nonlisted real estate investment trusts, and a look at the banks with the most construction debt.

  • September 19, 2025

    Estée Lauder Faces Derivative Suit In Del. After Stock Drops

    An Estée Lauder Inc. stockholder filed a derivative lawsuit late Friday against the cosmetics giant's officers and directors in Delaware's Court of Chancery, seeking recoveries over a $41 billion market capitalization plunge after a long-undisclosed reliance on "gray market" sales in China came to light.

  • September 19, 2025

    Victims' Families Sue Boeing, Honeywell Over Fatal 787 Crash

    The families of four passengers who were among the 260 killed in the crash of an Air India flight in June have hit Boeing and Honeywell with a product defect and negligence lawsuit in Delaware Superior Court, saying the companies ignored a defect in fuel cutoff switches.

  • September 19, 2025

    3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'

    The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.

  • September 19, 2025

    FTX Trust Says Bankruptcy Laws Apply To Binance Founder

    The recovery trust created by the Chapter 11 plan of cryptocurrency exchange FTX told a Delaware judge late Thursday that the bankruptcy court has jurisdiction over Binance and its founder in a $1.76 billion clawback suit, and that bankruptcy laws apply to entities outside the United States.

  • September 19, 2025

    MongoDB Directors, Officers Sued In Del. Over Trading

    A stockholder of software venture MongoDB sued a dozen company directors and key officers in Delaware's Court of Chancery late Thursday, seeking to recover more than $240 million allegedly lost in part to trading by insiders after the release of what the complaint said were unsupported, upbeat growth forecasts and business model changes.

  • September 19, 2025

    Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.

    The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.

  • September 18, 2025

    Delaware Judge Calls For Civility After 'Annus Horribilis'

    In a rare postscript to her bench ruling this week, a Delaware vice chancellor lamented what she observed as a breakdown in the state bar's civility and mutual respect over the past "annus horribilis," comments that have since drawn cautious support and resonance with several in the First State's legal community.

  • September 18, 2025

    Arbitration Clauses Won't Protect IPOs From Investor Suits

    With the U.S. Securities and Exchange Commission greenlighting the use of mandatory arbitration clauses for newly public companies, securities litigation experts are waiting to see whether any company is willing to risk the almost inevitable legal blowback that will come with taking advantage of the policy.

Expert Analysis

  • Rare Del. Oversight Ruling Sends Governance Wake-Up Call

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    An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Rebutting Price Impact In Securities Class Actions

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    Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Resilience Planning Is New Key To Corporate Sustainability

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    While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.

  • 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.

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