Delaware

  • August 06, 2026

    2025 Patent Litigation: A Year In Review

    The number of patent infringement lawsuits soared in 2025 as patent owners saw their fortunes change at the Patent Trial and Appeal Board, where petitioners filed significantly fewer America Invents Act challenges. Meanwhile, most patent infringement suits were brought in the Eastern District of Texas, which had considerably more filings than the Western District.

  • August 05, 2026

    3rd Circ. Backs Arbitrators' Change To Investment Fee Award

    The Third Circuit has upheld a doctrine under which arbitrators are barred from revisiting their prior decisions, in a dispute over the distribution of certain fees that resulted in a revised award expanding an asset manager's liability from $300,000 to nearly $7 million.

  • August 05, 2026

    Chancery Sets Hybrid Interest Formula In Alexion Merger Fight

    The Delaware Chancery Court has adopted a hybrid method for calculating prejudgment interest in the long-running merger dispute between Shareholder Representative Services LLC and Alexion Pharmaceuticals Inc., rejecting both sides' competing approaches.

  • August 05, 2026

    JBS To Pay $31M In Pilgrim's Pride Investors' Control Suit

    Brazil-based meat giant JBS SA agreed to pay $31 million to shareholders of its subsidiary Pilgrim's Pride Corp. to settle a suit accusing JBS, its affiliates and its Pilgrim's board appointees of unfairly increasing JBS' clout and access to dividends and tax benefits at the expense of minority shareholders of Pilgrim's.

  • August 05, 2026

    Bath Product-Maker Vi-Jon Gets Interim Cash Use OK In Ch.11

    A Delaware bankruptcy judge on Wednesday granted private-label dry bath product-maker Vi-Jon LLC a range of first-day motions, including a cash management request, allowing the company to continue operating during its Chapter 11 case.

  • August 05, 2026

    Investors Say Transportation Biz HGIM Ignored Books Demand

    Three investment funds affiliated with Black Diamond Capital Management have sued HGIM Corp. in Delaware's Court of Chancery, accusing the marine transportation company of stonewalling their request to inspect corporate records tied to CEO Shane J. Guidry's push for majority control of the company.

  • August 04, 2026

    New Patent Suits Surge As PTAB Challenges Get Tougher

    More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents.

  • August 04, 2026

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law and Ramey LLP have maintained their roles as top patent suit filers, while Fish & Richardson PC and Gillam & Smith LP have remained leaders on defense teams, according to Lex Machina's annual patent litigation report.

  • August 04, 2026

    States Warn SEC Against 'Unlawful' Climate Rule Withdrawal

    A coalition of Democratic attorneys general are warning the U.S. Securities and Exchange Commission that its plan to discard a corporate climate disclosure regulation is "unlawful," adding their voices to a chorus of state and local pension funds urging the agency to abandon the planned regulatory withdrawal.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    WWE Says It Will Pay $105M Toward Merger Suit Settlement

    World Wrestling Entertainment expects to contribute $105 million toward a proposed settlement of Delaware shareholder litigation challenging its 2023 merger with UFC parent Endeavor, with most of that amount covered by insurance, according to a quarterly filing by parent company TKO Group Holdings Inc. filed Monday.

  • August 04, 2026

    Construction Co. Insurers Denied NYU Settlement Clawback

    A construction company's insurers cannot recoup $50 million they paid to resolve a lawsuit from New York University over project damage, the Delaware Superior Court has ruled, finding New York law would not allow insurers to recover payments made under a reservation of rights when the policy didn't expressly allow it.

  • August 04, 2026

    States Sue Trump Admin Over Aid Recipients' Data Disclosure

    New York, Illinois and 20 other states sued the Trump administration Monday to block a new policy that would authorize the disclosure of sensitive personal information, including Social Security numbers and immigration status, of their residents receiving temporary financial assistance.

  • August 04, 2026

    Ex-Dolphin Co. CEO Loses Bid To Derail Ch. 11 In Del.

    A Delaware bankruptcy judge rejected a motion to dismiss the Chapter 11 case of an affiliate of dolphin park owner Leisure Investments, finding that the former CEO was wrong to argue that a Mexican court had restored his authority.

  • August 04, 2026

    35 AGs Urge Congress Not To Delay Hemp Ban Rollout

    A bipartisan coalition of state attorneys general is urging Congress not to approve language in a pending continuing resolution that would delay the implementation of a ban on virtually all intoxicating hemp products for one month.

  • August 04, 2026

    Senate Reenacts Small Business, Consumer Debt Limit Hikes

    The U.S. Senate passed the Bankruptcy Threshold Adjustment Act of 2026 by unanimous consent, taking steps to make permanent the higher debt limits that apply to small business and consumer debtors first implemented during the early days of the COVID-19 pandemic.

  • August 04, 2026

    ABA Seeks Bar Exam Reform Following Tech Failures

    Over the course of its two-day annual meeting, the American Bar Association's policymaking body, the House of Delegates, approved measures to urge further bar exam oversight and backed measures to support law schools at accredited historically Black colleges and universities.

  • August 04, 2026

    Del. Chancery Partly Revives HKA's Employment Contract Suit

    The Delaware Chancery Court on Monday let HKA Global LLC revive parts of its suit against three former partners and Accuracy US LLC, allowing several new claims while refusing to reinstate contract theories the court had already rejected after voiding key restrictive covenants.

  • August 04, 2026

    ABA Gives Symbolic Support For Law School DEI Standards

    In a split vote, American Bar Association House of Delegates members on Tuesday elected to uphold a rule requiring law schools to demonstrate DEI standards, but then followed up with a vote allowing another path to removing the standards, in an effort to avoid the Trump administration's threat to strip the ABA of accreditation authority.

  • August 03, 2026

    AT&T Can't Cut Claims From Cellular Partnership Suit

    The Delaware Chancery Court has refused to toss two new claims from companies suing AT&T over rural Oklahoma cellular partnerships, saying the telecom titan "appears to have drafted an ambiguous contract and must now live with the results."

  • August 03, 2026

    21 States Again Fight ACA Changes That Could Increase Costs

    A coalition of 21 states sued the U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services in California federal court Friday, challenging an Affordable Care Act rule that shifts costs onto enrollees while reimposing certain provisions that a Maryland federal court vacated for being unlawful and arbitrary.

  • August 03, 2026

    25 States Sue Trump Over 3rd Round Of Global Tariffs

    California, Arizona and 23 other states sued the Trump administration in the U.S. Court of International Trade on Monday claiming the president is trying for a third time to impose illegal tariffs against nearly all the country's trading partners, this time under the cover of federal law meant to combat forced labor.

  • August 03, 2026

    Monthly Merger Review Snapshot

    A group of state enforcers challenged Paramount's planned $110 billion acquisition of Warner Bros. Discovery, as a separate group of states and DirecTV accused Nexstar of violating an order preventing it from integrating with Tegna and the Federal Trade Commission faced a bench trial seeking to block a constructive adhesive deal.

  • August 03, 2026

    Sandoz Settles States' Generics Price-Fixing Cases For $450M

    Sandoz reached a settlement with a coalition of state enforcers on Monday, agreeing to pay $450 million to end claims against it in several cases targeting alleged price-fixing in the generic-drug industry.

  • August 03, 2026

    Mitchell Gold Workers Drop Suit After Bankruptcy Deal

    A former employee of high-end North Carolina furniture company Mitchell Gold + Bob Williams has told a federal judge she was ending her lawsuit alleging the employer failed to give adequate notice of layoffs to hundreds of workers.

Expert Analysis

  • Takeaways From 1st Del. Ruling Applying Moelis Amendments

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    Delaware corporations should carefully review contractual arrangements and governance documents following the Court of Chancery's recent enforcement of a non-Delaware forum selection clause in a CEO's employment agreement under 2024 amendments to the state's General Corporation Law, say attorneys at Morgan Lewis.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • 'Honeypot' Suit Spotlights Nuances Of Trade Secret Law

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    Fintech company MyCard's recent complaint filed in Delaware federal court, alleging that competitor Atomic FI copied its proprietary software, including a "honeypot" in the form of a specific 37-character string, highlights fact-intensive questions of when alleged trade secrets are actually secret, says Eugene Mar at Farella Braun.

  • A Lender's Guide To Fraud: Identifying Risks

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    The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • How Boards Can Shrink The AI Governance Gap

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    While companies have overwhelmingly embraced artificial intelligence, most lack corresponding governance structures and director-level fluency to oversee these programs, highlighting the importance of board and executive supervision to keep pace with growing litigation risk, say attorneys at Alston & Bird.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

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