Delaware

  • June 11, 2026

    3rd Circ. Again Rejects $3.7M Atty Fee For BMW Defect Class

    In a precedential opinion Thursday, the Third Circuit once again overturned a $3.7 million fee award for attorneys representing BMW owners in an engine failure class action, after having previously sent the award back for recalculation.

  • June 11, 2026

    Legislative Update: Cannabis And Psychedelics Bill Roundup

    Lawmakers in multiple states advanced legislation reining in products derived from the kratom leaf, Pennsylvania lawmakers rejected a cannabis regulation bill, and Rhode Island's governor signed into law legislation eliminating residency requirements from the state's cannabis social equity program. Here are the major moves in cannabis and psychedelics legislation from the past week.

  • June 11, 2026

    Moderna Says New COVID Vax Doesn't Infringe BioNTech IP

    Moderna has pushed back at BioNTech's patent infringement lawsuit accusing its newer COVID-19 vaccine of exploiting BioNTech's own technology, saying that it never infringed and that the patent was invalid to begin with.

  • June 11, 2026

    Chancery Backs 'War Dogs' Figure's Lender In Mortgage Fight

    The Delaware Chancery Court has ruled that a lender was entitled to place disputed second mortgages on dozens of apartment properties controlled by a real estate investor, rejecting claims that the liens were invalid and entering judgment for the lender after a trial.

  • June 11, 2026

    3rd Circ. Asks How Legal Tech AI Tool Differed From Westlaw

    A Third Circuit panel grilled ROSS Intelligence's attorney Thursday over whether the defunct legal tech startup's use of Westlaw headnotes to train an artificial intelligence-powered legal research tool was truly transformative, repeatedly asking counsel to explain how the product differed from Westlaw.

  • June 11, 2026

    B. Riley Buyout Suit Nears $4.35M Settlement

    A proposed $4.35 million settlement would end a Delaware Chancery Court stockholder suit accusing former National Holdings Corp. Chairman and CEO Michael Mullen of breaching his fiduciary duties in connection with the company's 2021 sale to B. Riley Financial Inc., according to papers filed Wednesday.

  • June 10, 2026

    Alachua Wants DOD's $147M Chapter 11 Claim Slashed To $5M

    Biotech group Alachua Government Services asked a Delaware bankruptcy judge to trim the U.S. Department of Defense's Chapter 11 claim by $142 million, saying the government relied upon inapplicable federal regulations in claims connected to rejected contracts.

  • June 10, 2026

    FlexShopper Pushes For Mediation Of Ch. 11 Plan Issues

    Bankrupt rent-to-own company FlexShopper Inc. told a Delaware judge Wednesday that mediation would be the best option to address disputes over the distribution of its remaining assets under a Chapter 11 plan.

  • June 10, 2026

    Elliott, Stronghold Clash Over Oil And Gas Asset Wind-Down

    Elliott Investment Management LP and Stronghold Resource Partners urged the Delaware Supreme Court on Tuesday to adopt competing readings of a settlement agreement governing the wind-down of an oil and gas investment fund, with each side saying the contract's language supports a different path for liquidating the fund's remaining holdings.

  • June 10, 2026

    $25M Patent Verdict Against Ferring Backed By Del. Court

    Swiss drugmaker Ferring Pharmaceuticals Inc. on Wednesday lost its bid to dodge a $25 million verdict in a Delaware federal court patent case over an experimental enema used to treat a particularly deadly form of diarrhea.

  • June 10, 2026

    Del. Under-21 Gun Law Fight Pits Safety Against Age Rights

    Delaware officials defending a law that restricts handgun access for most 18- to 20-year-olds urged the state's high court on Wednesday to uphold the measure as a reasonable public safety regulation, while challengers argued that the statute unlawfully strips constitutional rights from an entire class of legal adults based solely on age.

  • June 09, 2026

    Crystallex Warns Of Delay Tactic In Citgo Sale Appeal

    Defunct Canadian miner Crystallex on Friday urged the Third Circuit to order Venezuela's counsel to prove its authority as the country challenges an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of its debt, pointing to the new administration of Delcy Rodriguez.

  • June 09, 2026

    Philly Violated Cornerstone Of Bankruptcy Law, 3rd Circ. Says

    The Third Circuit on Tuesday revived part of a pro se debtor's long-running bankruptcy fight against Philadelphia holding the city must face civil contempt sanctions for collecting on a lien after his debt was discharged, saying it "violated" one of the "historic cornerstones" of bankruptcy, which is a discharge's finality.

  • June 09, 2026

    Fed. Circ. 'Recalibrates' Analysis For Constitutional Standing

    The Federal Circuit eased the line between constitutional and statutory standing last month when reviving A.L.M. Holding Co.'s infringement suit against Zydex Industries Private Ltd., in a decision attorneys say makes standing more accessible and clarifies how patent licensors can maintain their rights.

  • June 09, 2026

    Investor Says Vikasa Still Owes $1.15M For Settlement

    A California investor has sued in the Delaware Chancery Court seeking to enforce a settlement with investment firm Vikasa Capital Inc., claiming the company paid only a fraction of the $1.25 million it agreed to pay to resolve claims that it fraudulently induced a $5 million investment through misrepresentations and doctored corporate records.

  • June 09, 2026

    SPAR Board Hit With $22M Insider Control Suit In Chancery

    A SPAR Group Inc. stockholder has filed a derivative lawsuit in the Delaware Chancery Court accusing several current and former directors and officers of orchestrating a yearslong scheme to maintain control of the company's board, enrich insiders and approve conflicted transactions that allegedly cost the company $22 million.

  • June 09, 2026

    Apollo SLC Opposes Bid To Oust Judge In $570M Payout Suit

    A special litigation committee of Apollo Global Management Inc.'s board is opposing a bid to disqualify a Delaware vice chancellor from presiding over litigation regarding a $570 million payout to company insiders due to a possible conflict because she previously was an attorney at Skadden Arps Slate Meagher & Flom LLP, saying there are no grounds for disqualification.

  • June 09, 2026

    The Law360 400: A Look At The Top 100 Firms

    The race to build the legal industry's largest law firm accelerated in 2025, with major firms leaning on mergers, lateral hiring and strategic expansion to climb the ranks of the Law360 400.

  • June 09, 2026

    QXO Stockholder Sues Over TopBuild Deal Disclosures

    A QXO Inc. stockholder has filed a proposed class action in the Delaware Chancery Court seeking to block a shareholder vote tied to the company's planned $17 billion acquisition of TopBuild Corp., alleging that investors were not given enough information to make an informed decision on the deal.

  • June 08, 2026

    Fed. Circ. Scrutinizes UT's 'Inflammatory' Comments In IP Trial

    The "inflammatory" language used by the University of Texas to secure a $42 million patent infringement verdict against Boston Scientific is "about as good an example as one can possibly think of," U.S. Circuit Judge Richard G. Taranto told the university's attorney on Monday.

  • June 08, 2026

    AIPLA, NAM Rally Behind Moderna's Fight Over Vax Patents

    The American Intellectual Property Law Association, National Association of Manufacturers and others urged the Federal Circuit to undo a lower court's ruling that Moderna, and not the government, must face a multibillion-dollar patent infringement suit over its COVID-19 vaccine.

  • June 08, 2026

    DC Circ. Backs FERC Rejection Of Grid-Planning Deal

    The Federal Energy Regulatory Commission was allowed to reject a proposal by PJM transmission owners that would've allowed the regional grid operator to make grid-planning decisions without the approval of its members committee over an issue with a single amendment, the D.C. Circuit has said.

  • June 08, 2026

    Catching Up With Delaware's Chancery Court

    At the Delaware Chancery Court, a trial over World Wrestling Entertainment Inc.'s $21.4 billion merger with Ultimate Fighting Championship's parent company has been canceled, and a Reddit investor has filed a suit claiming the company used artificial intelligence to challenge his grievance about a charter provision.

  • June 08, 2026

    Fed. Circ. Panel Backs Invalidation Of OxyContin Patent

    The Federal Circuit on Monday upheld a Delaware federal court's decision that deemed invalid a Purdue Pharma patent covering an abuse-deterrent version of the opioid OxyContin, rebuffing the company's arguments that the lower court got its obviousness analysis wrong.

  • June 08, 2026

    Cineverse Investor Sues In Del. Over Post-Split Stock Grants

    A Cineverse Corp. shareholder has sued the entertainment company, its chief executive and three directors in Delaware Chancery Court, alleging they improperly enriched themselves with stock grants after a 2023 reverse stock split and then failed to fully disclose those actions when seeking shareholder approval for additional equity awards.

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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