Delaware

  • August 06, 2026

    Tax Court Nixes Trader's $170M Dividend Tax Break

    The Internal Revenue Service correctly disallowed over $170 million in qualified dividend deductions and over $25 million in foreign tax credits to a trading firm in 2012, the U.S. Tax Court held Thursday, finding its transactions failed an anti-abuse rule.

  • August 06, 2026

    Trump Again Targets Birthright Citizenship In 2 New Orders

    President Donald Trump on Thursday signed two executive orders that seek to limit automatic citizenship for babies born in the U.S., after the U.S. Supreme Court struck down a previous birthright citizenship executive order as unconstitutional.

  • August 06, 2026

    NJ Justices Say Employee UIM Needn't Match Liability Cap

    In answering two certified questions from the Third Circuit, the New Jersey Supreme Court on Thursday said a worker injured while driving a company vehicle is not entitled to his employer's full general liability limit under a state law that requires employers to give workers the same underinsured motorist coverage. 

  • August 06, 2026

    Ore. Judge Says DOD Wind Project Blockage Was Unlawful

    An Oregon federal judge on Thursday halted the U.S. Department of Defense's freeze of wind projects, finding renewable energy groups and environmental nonprofits are likely to succeed in showing the agency violated deadlines for reviewing the projects' impact on military readiness.

  • August 06, 2026

    Judge Sets Feb. Trial In States' Generics Price-Fixing Suit

    A Connecticut federal judge has set a February trial date on claims from dozens of state attorneys general that generic-drug makers conspired to artificially inflate the prices of generic topical drugs.

  • August 06, 2026

    Del. Chancery Sends Iridium CFO Dispute To Arbitration

    The Delaware Chancery Court has stayed a lawsuit over the authority of an interim chief financial officer at Iridium Industries Inc., ruling that a nearly three-decade-old stockholder agreement requires arbitrators, not the court, to decide whether the dispute belongs in arbitration.

  • August 06, 2026

    Richards Layton Under Fire Amid Bid To Avoid AI Sanctions

    A firm has asked a Delaware vice chancellor to allow it to submit more "factual information" regarding what it says are inconsistencies in Richards Layton & Finger PA's attempt to avoid sanctions for submitting a filing with errors generated by artificial intelligence.

  • August 06, 2026

    Telecom Co. Denied Coverage For $27M 'Bump-Up' Settlement

    Insurers do not owe coverage to a telecom company for a $27 million settlement with shareholders who said they were shorted in an acquisition, the Delaware Superior Court said, finding the settlement was a "bump-up" in shareholder consideration that was excluded under the company's directors and officers coverage.

  • August 06, 2026

    Suit Against Ex-Lumio Execs Will Stay In Delaware

    A Delaware bankruptcy judge Thursday denied a request by former executives of solar panel provider Lumio Holdings to transfer a suit against them by the company's liquidating trustee to a Utah court.

  • 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.

Expert Analysis

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

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