Delaware

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    Judge Trims Dental Patent Case, But Keeps Patent Alive

    A Delaware federal judge has refused to invalidate a pair of dental patents that medical technology companies Align Technology and Medit Corp. were accused of infringing, but did agree to narrow the case.

  • June 01, 2026

    Law Unclear On 'Deplorable' Photo Share, 3rd Circ. Rules

    A split Third Circuit panel has ruled that a Philadelphia police officer can't be sued for photographing and sharing a picture of a dead man who jumped from a bridge, holding that while the conduct was "deplorable," the Constitution did not clearly establish that families have a right to control images of their loved ones' deaths.

  • June 01, 2026

    JPMorgan Defeats Suit Over Transaction Processing Patent

    JPMorgan Chase & Co. was able to dodge a suit accusing it of infringing a patent covering a way to process a financial transaction, after a Delaware federal judge agreed that the patent didn't pass the U.S. Supreme Court's Alice test.

  • June 01, 2026

    KnowBe4 Escapes Suit Over $4.6B Take-Private Deal

    Security awareness platform KnowBe4 and several affiliates successfully argued for dismissal of a suit from shareholders challenging the company's $4.6 billion sale to private equity firm Vista Equity Partners, with the court finding the suit does not adequately allege the company's ex-CEO and its financiers breached their fiduciary duties.

  • June 01, 2026

    Judge OKs 3rd Circ. Review For Homebuyer Antitrust Case

    A Pennsylvania federal judge on Monday allowed brokerage Hanna Holdings to ask the Third Circuit to review a March decision largely rejecting its attempt to escape claims from homebuyers that its allegiance to National Association of Realtor rules drove up the cost of purchases.

  • June 01, 2026

    Lugano OK To Hand Over Insurance For Lost $10.5M Diamond

    Jewelry house Lugano Diamonds on Monday secured a Delaware bankruptcy judge's tentative approval to transfer an insurance policy to a creditor that consigned the debtor a diamond worth $10.5 million that later went missing.

  • June 01, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving merger litigation, startup financing battles, cryptocurrency contracts, investor oversight claims and corporate governance challenges, while also issuing notable rulings in cases tied to World Wrestling Entertainment Inc., cybersecurity company KnowBe4 Inc. and biotechnology firm Ayala Pharmaceuticals Inc.

  • June 01, 2026

    Justices Skip CareDx's Bid To Revive $45M False Ad Award

    The U.S. Supreme Court on Monday declined to take up a challenge to a Third Circuit decision that wiped out a nearly $45 million false advertising award against Natera Inc., preserving a ruling that said proof of actual consumer deception is required to support damages.

  • May 29, 2026

    Real Estate Recap: Data Centers, SEC, Law Firm Leasing

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the tireless lives of data center attorneys, the U.S. Securities and Exchange Commission's proposal to ease capital formation in public markets, and the two-year low in U.S. law firm leasing.

  • May 29, 2026

    Gate City Sues White Energy For $200M Over Carbon Project

    Gate City Renewable Fuels sued White Energy Holdco for $200 million in Delaware Chancery Court on Wednesday, alleging it was induced into merging together based on a carbon capture and storage project that faced unfavorable geological conditions, regulatory hurdles, permitting risks and unresolved landowner holdouts that rendered the project nonviable.

  • May 29, 2026

    ChargePoint Leaders Face Investor Suit Over Revenue Claims

    Executives and directors of California-based electric-vehicle charging company ChargePoint Holdings Inc. were hit with a shareholder's derivative suit accusing them of allowing unsuitable revenue-inflating practices and misleading investors about the company's performance, the subject of multiple lawsuits the company is currently facing.

  • May 29, 2026

    Nielsen Patent Survives Alice Invalidation Bid Before Trial

    A Delaware federal judge on Friday declined to invalidate a patent held by The Nielsen Co. covering audio recognition software under the U.S. Supreme Court's Alice test, saying the language of the patent was not abstract.

  • May 29, 2026

    3rd Circ. Leaves Dominican Woman's Removal Intact

    A divided Third Circuit on Friday left intact a Board of Immigration Appeals decision denying a Dominican woman's bid to avoid removal after a drug conviction, with the three-judge panel splitting over both jurisdiction and the attorney general's authority to treat drug-trafficking offenses as "particularly serious crimes" by default.

  • May 29, 2026

    Gov't Pressed On Trump's Authority For H-1B Visa Fee

    A Massachusetts federal judge on Friday searched for the limits of the president's power to restrict foreign workers from entering the U.S., as the government defended attaching a $100,000 fee to process certain skilled-worker visas.

  • May 28, 2026

    Ex-NBA Player Sues Crypto Co. After $2M Publicity Deal Sours

    Former NBA player Tristan Thompson sued cryptocurrency firm World Mobile Group Ltd. in Delaware Chancery Court, accusing the company of manufacturing bogus allegations to get out of its obligations under his $2 million brand ambassador deal while continuing to use his name, image and likeness.

  • May 28, 2026

    3 Federal Circuit Clashes To Watch In June

    The Federal Circuit's argument calendar next month includes a dispute between Micron and Netlist over Idaho's law against "bad faith" patent suits, and appeals of multimillion-dollar verdicts against Boston Scientific on a stent patent and TP-Link on Wi-Fi patents.

  • May 28, 2026

    5 AI Cos. Sued Over Neural Network Patent In Delaware

    Five companies developing various transcription, speech-to-text and customer experience products with artificial intelligence are facing lawsuits brought by an entity alleging they infringed a patent covering neural networks.

  • May 28, 2026

    Chancery Tosses Insider Financing Suit Against Ayala Brass

    The Delaware Chancery Court has dismissed a stockholder derivative suit against several venture capital investors and directors of biotechnology company Ayala Pharmaceuticals Inc., ruling that the plaintiff failed to show the board could not independently evaluate litigation over a disputed 2023 financing deal.

  • May 28, 2026

    Athletes Decry Antitrust Immunity In College Sports Bill

    College athlete advocacy groups have criticized a proposed bipartisan U.S. Senate bill that provides congressional oversight to college sports and allows athletes to have agents, but also limits player movement and compensation and grants the NCAA antitrust immunity.

  • May 28, 2026

    Bestar Wins Ch. 15 Bid Amid Landlord Deposit Tussle

    A Delaware bankruptcy judge on Thursday granted Chapter 15 recognition to Canadian furniture company Bestar Inc. over the objection of a landlord seeking a $250,000 security deposit for potential damages that could occur when Bestar's foreign representative begins to liquidate a western New York factory next month.

  • May 28, 2026

    King & Spalding Blocked From Exiting $300M Fraud Lawsuit

    King & Spalding LLP and Lennon Murphy & Phillips LLC can't withdraw from representing clients in consolidated litigation over an alleged $300 million stock swindle, a Connecticut state court judge has ruled, saying the firms' motions ahead of a June trial lack good cause.

  • May 28, 2026

    ITC Investigating Welch's Rival's Fruit Snack Imports

    The U.S. International Trade Commission opened an investigation into claims by the manufacturer of Welch's Fruit Snacks that a rival company, Cibo Vita, is importing patent-infringing yogurt-covered snacks into the U.S.

  • May 28, 2026

    High Court Says First Step Act Can't Inform Early Releases

    The U.S. Supreme Court ruled Thursday that changes in mandatory minimum sentences cannot be considered retroactively when weighing if a federal prisoner should be granted early release.

  • May 27, 2026

    3rd Circ. Affirms Toss Of Spirit Airlines Site Tracking Suit

    The Third Circuit has refused to revive a proposed class action accusing the now-defunct Spirit Airlines of recording communications by visitors to its website, finding the plaintiffs voluntarily provided information to look for flights and that, at any rate, many understand "'that what we do on the Internet is not completely private.'"

Expert Analysis

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Keys To Federal Carbon Compliance In Data Center Siting

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    Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

  • Emissions Permits May Not Override Pollution Exclusions

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    Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.

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