Delaware

  • January 27, 2026

    Chancery Tosses Retiring BDO USA Partner's Equity Case

    The Delaware Chancery Court has dismissed a former partner of a major accounting firm's lawsuit challenging the company's decision to strip him of equity status after he announced plans to retire, holding that the governing partnership agreement gave the firm's board unfettered discretion to do exactly that.

  • January 26, 2026

    Minn. Judge Probes Limits Of ICE Enforcement Actions

    A Minnesota federal judge on Monday considered whether to preliminarily block the Trump administration from sending thousands of immigration enforcement officers to the state, questioning if the surge is a coercive federal act in violation of state sovereignty.

  • January 26, 2026

    3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit

    A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.

  • January 26, 2026

    Navy SEAL-Turned-MrBallen YouTuber Sues Ex-CEO in Del.

    A former Navy SEAL-turned-internet storyteller has asked the Delaware Chancery Court to unwind a reorganization of the company he started and strip a onetime business partner of control rights, alleging the deal was procured through fraud, breaches of fiduciary duty and the concealment of material facts about company finances and a key podcast licensing agreement.

  • January 26, 2026

    Full 3rd Circ. Passes On Alina Habba DQ Challenge

    The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.

  • January 26, 2026

    3rd Circ. Won't Revive Challenge To Fund For Bilked Clients

    A suspended attorney who was previously disbarred and jailed for a job-selling scheme within the Pennsylvania auditor general's office in the 1980s can't sue a state fund for compensating his clients after he allegedly siphoned money from their trust account, the Third Circuit ruled Monday.

  • January 26, 2026

    35 AGs Demand X Crack Down On Grok Sexual Deepfakes

    A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.

  • January 26, 2026

    Remote Discovery Tech Co. Alleges Fraud In Del. Suit

    A tech company that developed self-service applications for remote data collection from smartphones has launched a seven-count suit in Delaware's Court of Chancery accusing a product reseller of copying the application's functions and features and marketing competing versions.

  • January 26, 2026

    DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit

    The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.

  • January 26, 2026

    Healthcare Rewards Co. Sues Partner Over Alleged Tech Theft

    A California-based healthcare technology company has sued in Delaware Chancery Court, accusing a longtime business partner of secretly stealing its proprietary rewards technology, then attempting to terminate their contract years early after building a competing product in-house.

  • January 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.

  • January 23, 2026

    Trump Admin's EV Infrastructure Funding Pause Vacated

    A Seattle federal judge said Friday that President Donald Trump's administration overstepped its statutory powers and broke federal law by abruptly freezing approved funding for new electric vehicle charging infrastructure last year, vacating the program's suspension and siding with 20 states and environmental groups who challenged the move.

  • January 23, 2026

    Real Estate Recap: HUD, Corporate Landlords, Atty Errors

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the U.S. Department of Housing and Urban Development may be shifting focus, what President Donald Trump's executive order on investment in single-family homes means for Wall Street, and a look at some of the mistakes made by real estate attorneys.

  • January 23, 2026

    High Court's Med Mal Ruling Won't Spark Rise In Suits

    The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.

  • January 23, 2026

    Comerica Investor Seeks TRO To Halt $10.9B Fifth Third Deal

    A Comerica Inc. activist investor sued in Delaware's Court of Chancery Friday for an emergency temporary restraining order to block the company from closing Feb. 1 on a proposed $10.9 billion, all-stock acquisition by Fifth Third Bancorp, branding the terms as "fire sale" and tainted by fiduciary breaches.

  • January 23, 2026

    3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.

    The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.

  • January 23, 2026

    Vegan Protein Co. Claims Bad-Faith Dilution By Partner

    A vegan protein company has asked the Delaware Chancery Court to block what it describes as a deeply unfair capital call that would dramatically dilute its ownership stake in a mineral-processing venture, accusing its majority partner of engineering a squeeze-out through bad-faith governance and below-market pricing.

  • January 23, 2026

    Reforms, $737.5K Fee Proposed To End Del. Skin Tech Suit

    A mediated deal on corporate governance reforms and a fee and expenses award have tentatively settled a consolidated Delaware Court of Chancery derivative suit targeting oversight and disclosure failures involving a "hydrafacial" skin treatment device that cost The Beauty Health Co. at least $63.2 million to manage.

  • January 23, 2026

    Guardant Can Try Again To Nix Patent Tied To $83M Verdict

    The Federal Circuit on Friday threw out a Patent Trial and Appeal Board decision finding Guardant Health couldn't show that a University of Washington DNA sequencing patent is invalid, sending the case back to the board for another look.

  • January 23, 2026

    Chancery Says Daxko Noncompete Is Unenforceable

    The Delaware Chancery Court has recommended dismissing a lawsuit brought by software company Daxko LLC and its parent Diamond Parent LP against a former sales executive, concluding that the sweeping noncompete agreement at the center of the dispute is unenforceable under Delaware law.

  • January 22, 2026

    Debt Collector Takes Computer Fraud Ruling To High Court

    A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.

  • January 22, 2026

    SEC Gets $900K Judgments In Bitcoin Miner CEO's Fraud Suit

    The family and ex-wife of a former bitcoin miner CEO will pay the U.S. Securities and Exchange Commission nearly $900,000 to exit the regulator's claims the CEO misappropriated $48.5 million from investors.

  • January 22, 2026

    Feds Given More Time To Revisit School Grant Cancellations

    A Washington federal judge agreed Thursday to extend a deadline for the Trump administration to make fresh determinations as to 138 public school mental health grants that the court has found were illegally canceled, but admonished the federal government for previously understating how long those reassessments would take.   

  • January 22, 2026

    Merck Can't Get Fed. Circ. To Reconsider Axing MS Drug Patents

    The Federal Circuit on Thursday refused to reconsider decisions invalidating Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, turning aside the German drugmaker's claim that the court set an unjust new rule that means inventors' work can later be used against them.

  • January 22, 2026

    Care Co. Says 3rd Circ. Ignored Loper Bright In Backing DOL

    A home health company urged the Third Circuit to rethink its decision upholding a $1 million judgment against it after finding that the U.S. Department of Labor could strip third-party employers of an overtime exemption, saying the decision flouted the U.S. Supreme Court's Loper Bright ruling.

Expert Analysis

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Del. Dispatch: What Tesla Decision Means For Exec Comp

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    The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • What's On Deck In Tribal Nations' Prediction Markets Litigation

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    Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

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