Delaware, Litigating and Litigation

Litigation Funding Disclosure In Delaware: Emerging Standard?

Above The Law

MAY 25, 2022

This may evidence a trend towards settling on an approach to resolve the long-running tussle over proposed mandatory disclosure of litigation funding, nationwide and internationally. The post Litigation Funding Disclosure In Delaware: Emerging Standard? appeared first on Above the Law.

Litigating

Litigating Litigation Laws Finance

Catching Up With Delaware's Chancery Court

Law 360

JUNE 30, 2025

In case you missed it, here's the latest from the Delaware Chancery Court.

Court

Court Litigating Litigation

Delaware Judge Seeks to Expose Patent-Litigation Funders

The IP Law Blog

JANUARY 5, 2023

Do defendants and the court have the right to ask who is funding a particular patent litigation? Chief Judge Connolly in Delaware says they do, and in In re Nimitz, the Federal Circuit denied a request to stop the judge’s inquiry. The issue arose as a result of two standing orders issued by Judge Connolly.

Litigation

Litigation Litigating Attorney Court

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3 Questions For A Delaware Litigator And Court Commentator (Part I)

Above The Law

NOVEMBER 22, 2022

The post 3 Questions For A Delaware Litigator And Court Commentator (Part I) appeared first on Above the Law. Andrew Russell's coverage of the fast-changing developments in a popular patent jurisdiction have been both enlightening and indispensable.

Litigating

Litigating Litigation Court Laws

3 Questions For A Delaware Litigator And Court Commentator (Part II)

Above The Law

NOVEMBER 29, 2022

The post 3 Questions For A Delaware Litigator And Court Commentator (Part II) appeared first on Above the Law. This court commentator is a practicing attorneys, not a reporter. He has a better idea of when a decision is significant and when it’s not.

Litigating

Litigating Litigation Court Attorney

3 Takeaways From The Lex Machina 2025 Patent Report

Above The Law

JUNE 10, 2025

Second, we should discuss the reasons behind the EDTX’s resurgence to the top of the charts in terms of patent litigation workload — and why changes at the PTAB might serve to cement EDTX as the busiest patent trial court for the foreseeable future.

Litigation

Litigation Litigating Laws Law Firms

Court OKs Tesla Board’s Deal to Repay Nearly $1 Billion

Intelligize Blog

JANUARY 14, 2025

Ending one skirmish amid the legal battles at Tesla over excessive compensation, a Delaware Chancery Court on January 8 approved a deal that Teslas board of directors struck 18 months ago to return roughly $919 million to the company. Along with the settlement, Delaware Chancery Court Chancellor Kathaleen McCormick also approved $176.2

Court

Court Legal Legal Litigation

Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Patently O

FEBRUARY 22, 2023

Stroud is General Counsel at Unified Patents – an organization often adverse to litigation-funded entities. [1] litigation finance boom of the past 20 years—as has been widely reported, private equity now undergirds huge swaths of U.S. Guest post by Jonathan Stroud. Patent assertion finance today is a multibillion-dollar business. [2]

Litigation

Litigation Litigating Finance Court

Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding [Sponsored]

Above The Law

APRIL 12, 2022

Analogous logic could apply to the costs of litigation funding. The post Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding appeared first on Above the Law.

Court Decisions

Court Decisions Litigating Litigation Court

Fox Rothschild Expands In Del. With Litigator From Boutique

Law 360

FEBRUARY 27, 2025

Fox Rothschild LLP has added an attorney to its Delaware office who spent more than a decade at commercial litigation boutique Abrams & Bayliss LLP to bolster its ability to handle cases in the Chancery and other courts.

Litigating

Litigating Litigation Attorney Court

On The Dotted Line

Above The Law

JANUARY 28, 2025

Considering the importance of settlement to patent cases, you would think that law firms would invest as much into training their less experienced attorneys on the set of skills necessary to achieve good client outcomes at settlement as they do in training up-and-coming litigators on how to take a deposition, for example. Settlement training?

Drafting

Drafting Litigation Litigating Depositions

How LexisNexis CourtLink And Lexis Snapshot Deliver Business Wins

Above The Law

APRIL 15, 2025

While this trope is most useful in works of fiction, there is one adjacent kernel of truth: Being first to act on new litigation developments carries business advantages. And read on for a tour of the products capabilities along with the litigation and business wins it will deliver. This example summarizes a 21-page document.

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Litigation Litigating Law Firm Law Firms

3 Lessons From The Delaware Bench Bar Conference (Part I)

Above The Law

SEPTEMBER 26, 2023

No other district court other than Texas has as much impact on patent litigation as Delaware. The post 3 Lessons From The Delaware Bench Bar Conference (Part I) appeared first on Above the Law.

Litigating

Litigating Litigation Court Laws

3 Lessons From The Delaware Bench Bar Conference (Part II)

Above The Law

OCTOBER 3, 2023

The goings-on in Delaware are as relevant as ever to patent litigators and their clients. The post 3 Lessons From The Delaware Bench Bar Conference (Part II) appeared first on Above the Law.

Litigating

Litigating Litigation Laws

What Litigation Funding Disclosure In Delaware May Look Like

Law 360

JUNE 10, 2022

A standing order issued by Delaware's chief federal judge requiring litigants to disclose whether their cases or defenses are being financed by third parties is unlikely to have onerous effects but may raise questions regarding potential conflicts of interest and access to justice, say Cayse Llorens and Matthew Oxman at LexShares.

Litigation

Litigation Litigating Finance

In Westlaw-ROSS Litigation, Judge Allows ROSS’s Antitrust Case to Move Forward, But Tosses ‘Sham Litigation’ Claim

LawSites

APRIL 26, 2022

district judge in Delaware but who last month became a judge of the Court of Appeals for the Federal Circuit — sided with ROSS. However, the judge did not accept a second antitrust theory asserted by ROSS — that TR had engaged in anticompetitive conduct by pursuing sham litigation. Judge Leonard P.

Litigation

Litigation Litigating Legal Research Legal

Delaware Disclosure Dance

Above The Law

DECEMBER 20, 2022

disclosure have led to the recent drama roiling the patent litigation world. . The post Delaware Disclosure Dance appeared first on Above the Law. The changes to Rule 7.1

Litigating

Litigating Litigation Laws

Four B’s of a Well-Rounded Paralegal

Paralegal Bootcamp

APRIL 14, 2025

If youre a corporate paralegal, take a CLE in estate planning litigation. Personal Injury Paralegal Boot Camp As a personal injury paralegal, you have an important role in the pre-litigation phase of your claim files. She continued her education at Delaware Technical Community College earning her Paralegal Certificate in 2017.

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Paralegals Paralegal Personal Injury Real Estate

Catching Up With Delaware's Chancery Court

Law 360

APRIL 10, 2023

Delaware Chancery Court decisions last week touched on foot powder litigation, an AMC settlement and in-person signage as damage control for a postponed hearing. New cases ranged from Amazon sales centers to a fibrosis drug.

Court

Court Court Decisions Litigating Litigation

Delaware Courts Face Complex, 'Exciting' Litigation In 2025

Law 360

JANUARY 1, 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.

Litigating

Litigating Litigation Court Laws

10 States Challenge Asbestos Claim Doc Purge Plans

Law 360

JULY 1, 2025

Ten states have won Delaware Court of Chancery clearance to submit a friend of the court brief opposing nationwide asbestos claims trust proposals to purge records linked to tens of thousands of exposure cases, adding their views to a suit filed by asbestos litigation defendants.

Litigating

Litigating Litigation Court

Chancery Sends Protein Co. Suit Toward Trial With Caution

Law 360

JUNE 10, 2025

to a major investor for an unfair price easily survived a Delaware Court of Chancery dismissal bid Tuesday, but with a court caution that litigation costs could outweigh the stakes. A suit accusing company insiders and investors of exploiting their position to sell plant protein venture Nutriati Inc.

Litigating

Litigating Litigation Court

NAI Gets Partial Del. Win On CBS-Viacom Litigation Insurance

Law 360

APRIL 28, 2023

and an NAI affiliate won a partial victory Friday in a Delaware Superior Court battle over potential partial insurance coverage for payouts in CBS-Viacom merger challenges that recently produced a $289.5 Redstone, National Amusements Inc. million pair of tentative Chancery Court stockholder settlements.

Litigation

Litigation Litigating Court

Catching Up With Delaware's Chancery Court

Law 360

SEPTEMBER 11, 2023

Delaware's Court of Chancery last week approved an "extraordinary" $167.5 million damage request, and lamented the difficulties of enforcing court orders for faraway litigants. In case you missed any of it, here's the latest from Delaware's Chancery Court. million settlement but sent back two others, largely upheld a $480.7

Court

Court Litigating Litigation

Catching Up With Delaware's Chancery Court

Law 360

JUNE 6, 2022

Controversy came to the Delaware Chancery Court as advocates panned the governor's nominee for a vacant seat. In the meantime, Lynn Tilton's management of Stila Styles got a makeover, a delivery from Amazon got a winning review, and a unanimous Delaware Supreme Court ruling may finally spell an end to TransPerfect litigation.

Court

Court Court Rules Litigating Litigation

Del. Corp. Litigation Bill Already Turning Up In Other Cases

Law 360

FEBRUARY 27, 2025

A fast-moving legislative push to curb some stockholder litigation and large class attorney fees in Delaware courts is getting more pushback, two weeks ahead of an initial state Senate hearing on the measure.

Litigating

Litigating Litigation Attorney Court

AI Coding App Co. Hits Ch. 7 After Legal Challenges

Law 360

JUNE 5, 2025

Engineer.ai, the parent of an artificial intelligence-supported coding app maker, Builder.ai, has filed papers for a Chapter 7 liquidation in Delaware with more than $50 million in liabilities, following litigation regarding claims about its technology and the recent appointment of a new CEO.

Legal

Legal Legal Litigating Litigation

Funko Settles Derivative Litigation in Delaware, California

Law 360

AUGUST 6, 2024

has agreed to resolve derivative claims in multiple stockholder suits in California federal court and Delaware's Court of Chancery by implementing corporate governance reforms and paying up to $2.15 Pop culture lifestyle brand Funko Inc. million to plaintiffs' attorneys, the company has announced.

Litigation

Litigation Litigating Attorney Government

Do Employees Working from Home Impact Venue in Patent Litigation?

The IP Law Blog

NOVEMBER 17, 2022

In support of its motion, Monolithic argued venue is improper in the Western District of Texas because Monolithic is a Delaware corporation; it does not own or lease property in the Western District of Texas, and the homes of the four remote employees in the district do not “constitute a ‘regular and established place of business’ of Monolithic.”.

Work From Home

Work From Home Litigation Litigating Statute

Del. Judge Finds Exception To Absolute Litigation Shield

Law 360

AUGUST 30, 2024

An "absolute litigation privilege" barring lawsuits targeting defamation related to court action in Delaware doesn't block involuntary LLC share repurchase demands triggered by a terminated subsidiary officer's alleged defamatory statements, a Delaware judge has ruled.

Litigating

Litigating Litigation Court

Clark Hill Gets Ex-Elliott Greenleaf Litigator In Del.

Law 360

OCTOBER 24, 2024

Clark Hill PLC has added an attorney who previously led Elliott Greenleaf PC's Delaware office to help bolster the firm's litigation team and its work handling corporate litigation in the First State's esteemed Chancery Court.

Litigating

Litigating Litigation Attorney Court

Cravath is entitled to nearly $75M as a contingency fee in failed-merger litigation, judge rules

ABA Journal

AUGUST 29, 2022

A Delaware judge has ruled that Cravath, Swaine & Moore is entitled to a $74.8 million shifted contingency fee in a lawsuit for damages following…

Litigation

Litigation Litigating

Practical Implications Of Delaware's New Demand-Futility Test

Law 360

OCTOBER 13, 2021

Zuckerberg, the Delaware Supreme Court adopted a new universal test for assessing a board’s ability to independently assess a shareholder litigation demand, which may close off certain paths for plaintiffs who seek to plead demand futility, say Courtney Worcester and Roger Lane at Holland & Knight.

Litigating

Litigating Litigation Court

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

Law 360

JANUARY 15, 2025

A recent study claimed that litigation funders have fled 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.

Litigating

Litigating Litigation Finance Court

Corporate owners knew little about patents they got free of charge and the litigation that followed, judge finds

ABA Journal

DECEMBER 5, 2022

A federal judge in Delaware is explaining why he ordered patent holding company Nimitz Technologies to produce records showing how it came to own a…

Litigation

Litigation Litigating Technology

First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants

Law 360

JULY 5, 2024

The Delaware Chancery Court's first full dismissal of claims challenging a special purpose acquisition company transaction under the entire fairness doctrine in the recent Hennessy Capital Acquisition Stockholder Litigation establishes useful precedent to abate the flood of SPAC litigation, says Lisa Bugni and Benjamin Lee at King & Spalding.

Litigating

Litigating Litigation Court

Potter Anderson Expands Its Corporate Litigation Group

Law 360

MARCH 13, 2023

Delaware firm Potter Anderson & Corroon LLP announced Monday that the firm has brought on two new lateral hires from Skadden Arps Slate Meagher & Flom LLP and Wilson Sonsini Goodrich & Rosati PC for its corporate litigation group.

Litigating

Litigating Litigation

Google Privacy Suit Gets New Judge After Settlement Denied

Law 360

AUGUST 25, 2023

A new judge will preside over decade-old litigation alleging Google bypassed internet browser privacy settings to track user communications — a reassignment that comes after a Delaware federal judge refused to approve a $5.5 million settlement to end the multidistrict litigation.

Litigating

Litigating Litigation

Hagens Berman To Spearhead Litigation Over Skin Tech Woes

Law 360

MAY 3, 2024

Hagens Berman Sobol Shapiro LLP was appointed lead counsel in securities litigation claiming Beauty Health Co. hid the news of a defective skin care device, beating competing bids from Glancy Prongay & Murray LLP and Pomerantz LLP, according to an order in Delaware federal court.

Litigation

Litigation Litigating Court

Insurers Say Del. Ruling Caps Redstone, NAI Coverage

Law 360

FEBRUARY 14, 2025

and Shari Redstone are pointing to a recent Delaware Supreme Court ruling as supporting their claim that common, underlying wrongful acts bar two separate multimillion-dollar coverage claims for litigation costs in 2016 and 2019 focused on control of CBS and Viacom. Four insurers for National Amusements Inc.

Court Rules

Court Rules Litigating Litigation Court

7 Tips for Mastering the Paper Flow in the Paralegal World

Paralegal Bootcamp

NOVEMBER 10, 2021

Whether you’re a personal injury paralegal, litigation paralegal, or explored other paralegal career options, having a process for taking care of every single file that gets handed to you is essential to ensure that nothing is missed and more importantly nothing gets lost. I have five beautiful children and live in Delaware at the beach.

Paralegals

Paralegals Paralegal Personal Injury Law Firm

Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards

Law 360

FEBRUARY 20, 2025

Amid a push by Delaware lawmakers to overhaul the First State's corporation law provisions, the state Senate is seeking recommendations aimed at avoiding "excessive" attorney fee awards in corporate litigation, drawing a mixed reaction from members of Delaware's lawyers and corporate law scholars.

Litigating

Litigating Litigation Lawyer Lawyers

Duplicative-Litigation Doctrine Stalls Avoidance of Discovery Penalty

Patently O

SEPTEMBER 8, 2022

As required by Delaware local rules, Arendi provided a set of infringement contentions to LG. In Delaware, these local rules are seen as discovery requirements that operate alongside other mandatory discovery found in FRCP 26. Arendi sued LG in 2012 for infringing its US7917843. Default Standard for Discovery § 4.

Litigation

Litigation Litigating Court

Del. Justices Toughen Demand-Futility Test In Facebook Row

Law 360

SEPTEMBER 23, 2021

Delaware's Supreme Court adopted a new more stringent demand-futility standard for derivative suits Thursday and upheld the dismissal of a Facebook investor's $95 million derivative suit that sought to recover litigation fees Facebook spent defending CEO Mark Zuckerberg's eventually abandoned stock reclassification plan.

Litigating

Litigating Litigation Court

Litigation Funding Disclosure In Delaware: Emerging Standard?

Catching Up With Delaware's Chancery Court

Webinars

Trending Sources

Delaware Judge Seeks to Expose Patent-Litigation Funders

Webinars

3 Questions For A Delaware Litigator And Court Commentator (Part I)

3 Questions For A Delaware Litigator And Court Commentator (Part II)

3 Takeaways From The Lex Machina 2025 Patent Report

Court OKs Tesla Board’s Deal to Repay Nearly $1 Billion

Guest Post: Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

Why A Delaware Supreme Court Decision Affirming Shifting A Contingency Fee To The Losing Party Could Have Applications To Recovering The Costs Of Litigation Funding [Sponsored]

Fox Rothschild Expands In Del. With Litigator From Boutique

On The Dotted Line

How LexisNexis CourtLink And Lexis Snapshot Deliver Business Wins

3 Lessons From The Delaware Bench Bar Conference (Part I)

3 Lessons From The Delaware Bench Bar Conference (Part II)

What Litigation Funding Disclosure In Delaware May Look Like

In Westlaw-ROSS Litigation, Judge Allows ROSS’s Antitrust Case to Move Forward, But Tosses ‘Sham Litigation’ Claim

Delaware Disclosure Dance

Four B’s of a Well-Rounded Paralegal

Catching Up With Delaware's Chancery Court

Delaware Courts Face Complex, 'Exciting' Litigation In 2025

10 States Challenge Asbestos Claim Doc Purge Plans

Chancery Sends Protein Co. Suit Toward Trial With Caution

NAI Gets Partial Del. Win On CBS-Viacom Litigation Insurance

Catching Up With Delaware's Chancery Court

Catching Up With Delaware's Chancery Court

Del. Corp. Litigation Bill Already Turning Up In Other Cases

AI Coding App Co. Hits Ch. 7 After Legal Challenges

Funko Settles Derivative Litigation in Delaware, California

Do Employees Working from Home Impact Venue in Patent Litigation?

Del. Judge Finds Exception To Absolute Litigation Shield

Clark Hill Gets Ex-Elliott Greenleaf Litigator In Del.

Cravath is entitled to nearly $75M as a contingency fee in failed-merger litigation, judge rules

Practical Implications Of Delaware's New Demand-Futility Test

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

Corporate owners knew little about patents they got free of charge and the litigation that followed, judge finds

First-Of-Its-Kind Chancery Ruling Will Aid SPAC Defendants

Potter Anderson Expands Its Corporate Litigation Group

Google Privacy Suit Gets New Judge After Settlement Denied

Hagens Berman To Spearhead Litigation Over Skin Tech Woes

Insurers Say Del. Ruling Caps Redstone, NAI Coverage

7 Tips for Mastering the Paper Flow in the Paralegal World

Snapshot: Delaware Lawmakers Target Hefty Atty Fee Awards

Duplicative-Litigation Doctrine Stalls Avoidance of Discovery Penalty

Del. Justices Toughen Demand-Futility Test In Facebook Row

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