Delaware

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Cannabis Investors Want Arbitration Award Fast-Tracked

    A group of cannabis investment funds has asked the Delaware Chancery Court to fast-track their bid to confirm a favorable arbitration award and immediately prevent entrepreneur John David Engel and several of his affiliated entities from taking actions that could undermine the award while confirmation proceedings are pending.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    Investor Sues In Chancery Over Alleged Sham Freeze-Out

    A minority investor in a medical technology company has sued its controlling stockholder in Delaware Chancery Court, accusing him of engineering a sham freeze-out merger that eliminated minority investors for pennies while diverting valuable intellectual property into companies he controlled.

  • June 30, 2026

    Vice Chancellor Zurn Confirmed For Del.'s Supreme Court

    Delaware Vice Chancellor Morgan T. Zurn was confirmed Tuesday by the state's Senate to serve a 12-year term on Delaware's highest court, filling a seat that will be vacated by Justice Karen L. Valihura in July.

  • June 30, 2026

    Justices Strike Down Trump's Birthright Citizenship Order

    The U.S. Supreme Court on Tuesday thwarted President Donald Trump's attempt to limit birthright citizenship to babies born to parents with permanent ties to the United States, finding the 14th Amendment cannot be read that narrowly — a decision dissenting justices fear will jeopardize the country's future.

  • June 29, 2026

    26 States Sue To Nix Medicaid Work Rule For Medically Frail

    More than two dozen states sued the Trump administration Monday in Massachusetts federal court in a bid to strike down new Medicaid work requirements for certain enrollees, saying the administration did not consider the consequences the requirements would have on vulnerable Medicaid enrollees.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Harvey Gulf CEO Sued In Chancery Over Alleged Control Grab

    Black Diamond-affiliated investment funds sued Harvey Gulf International Marine Inc.'s chief executive and other major stockholders in the Delaware Chancery Court, alleging they improperly orchestrated a stock transfer that gave CEO Shane J. Guidry majority control of the offshore vessel company.

  • June 29, 2026

    ITC To Probe Bobcat Imports After Caterpillar Complaint

    The U.S. International Trade Commission has opened an investigation into whether construction equipment maker Doosan Bobcat imported certain heavy machinery that infringed rival Caterpillar Inc.'s patents.

  • June 29, 2026

    Yellow Corp. Dodges WARN Act Liability Over 2023 Layoffs

    Yellow Corp. suffered a major loss in its bankruptcy proceedings Monday when the U.S. Supreme Court preserved a finding that it owes billions in retirement payments, but the defunct trucking company notched a small win in Delaware federal court by skirting liability for a WARN Act violation.

  • June 29, 2026

    3rd Circ. Won't Hear Appeal In Fatal Osprey Crash Suit

    The Third Circuit on Monday denied a petition from the families of eight U.S. service members killed in a V-22 Osprey crash in November 2023 who sought to appeal the dismissal of their state court claims against The Boeing Co., Bell Textron Inc. and Universal Stainless & Alloy Products Inc. over the crash.

  • June 29, 2026

    Asthma Drug Developer To Wind Down In Chancery Court

    A subsidiary of Rock Creek Advisors LLC created to administer the liquidation of an asthma drug developer to pay creditors notified Delaware's chancery court that the company turned to a wind-down after clinical trials came to a halt.

  • June 29, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

  • June 29, 2026

    Justices Toss 3rd Circ. Pot Gun Ruling, Leave 5th Circ. Intact

    The U.S. Supreme Court on Monday disposed of two cases questioning whether a federal law barring users of marijuana from lawful gun ownership runs afoul of the Second Amendment, following the justices' recent ruling on a similar matter.

  • June 29, 2026

    Justices Won't Review Yellow Corp. Ch. 11 Pension Liabilities

    The U.S. Supreme Court on Monday rejected defunct trucking giant Yellow Corp.'s appeal of a bankruptcy court decision that it owes billions of dollars in retirement fund withdrawal liability, despite a pandemic-era pension fund stimulus package.

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    Pistons Owner's PE Firm Sued Over $1B Margin Loan

    A Delaware pension fund has filed a derivative suit in the Delaware Chancery Court accusing a private equity firm of exploiting its control over a technology distributor to secure a multibillion-dollar margin loan that allegedly violated the company's own governance policies while exposing the company and its minority stockholders to significant financial risk.

  • June 26, 2026

    PTAB Leaders Undo Ax Of Patent From $253M GoDaddy Case

    Top Patent Trial and Appeal Board judges have overturned a panel's decision invalidating claims in a website patent from a $253 million judgment against GoDaddy, saying that after a jury upheld the patent, there was no reason for the board to reach a different validity outcome.

  • June 26, 2026

    Ingram Micro Investor Sues Over Margin Loan To PE Owner

    An institutional investor has brought a derivative lawsuit in Delaware's Chancery Court accusing California technology company Ingram Micro Holding Corp.'s controlling stockholder of exploiting its power to facilitate a margin loan that put stockholders at risk of major losses and violated the company's trading policy.

  • June 26, 2026

    Beacon Stockholder Challenges Director Removal Rule

    A Beacon Financial Corp. stockholder has filed a proposed class action in Delaware Chancery Court seeking to invalidate a charter provision requiring directors to be removed only for cause, arguing the restriction violates Delaware corporate law because the bank holding company no longer has a classified board.

  • June 26, 2026

    5 ERISA Cases To Keep An Eye On In The Second Half Of 2026

    A U.S. Supreme Court challenge to Intel Corp.'s 401(k) investment lineup tops the list of cases benefits attorneys will be watching this summer and fall, though appeals involving health plan tobacco fees, plan forfeiture spending and a potential Eleventh Circuit precedent shift are also top of mind. Here, Law360 looks at five ERISA cases that attorneys should have on their radar as 2026 rolls on.

  • June 26, 2026

    3rd Circ. Says Exculpatory Info Can't Undo Murder Conviction

    A man convicted of murder in 1995 can't reverse the jury's verdict based on the prosecution withholding impeachment evidence against two witnesses because he had not shown that evidence would have been likely to change the outcome of his trial, the Third Circuit ruled Friday.

  • June 26, 2026

    Elysium Loses Challenge To Patent After $3.6M Verdict

    A Delaware federal judge found that Elysium Health Inc. has failed to prove that a W.R. Grace vitamin patent that had been tied to a $3.6 million infringement verdict against Elysium is unenforceable.

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Operational AI Washing: Dismantling Claims Before Discovery

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    Operational AI washing claims can be rebuffed before discovery extracts their true costs by turning the documentary record established in earnings calls and public disclosures into a layered defense, which can exploit the Private Securities Litigation Reform Act’s heightened pleading standards, say attorneys at Akerman.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • Operational AI Washing: Fortifying The Disclosure Record

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    The same artificial intelligence-driven workforce narratives that once appeared in earnings calls and Form 8-Ks can easily become raw material for future operational AI washing claims, so companies must be careful when drafting public disclosures because winning a federal motion to dismiss starts months before a lawsuit is ever filed, say attorneys at Akerman.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

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