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Delaware
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January 06, 2026
6 Key Rulings From Outgoing Del. Justice Karen L. Valihura
Soon-to-be-retiring Delaware Supreme Court Justice Karen L. Valihura carved her name deeply into First State corporate law jurisprudence over her dozen years on the bench, at a time of surging caseloads and intensifying political scrutiny of the business court where many of the country's largest corporate battles are waged.
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January 06, 2026
Envestnet Trade Secrets Suit Cleared For Trial
A Delaware federal judge has cleared the way for a long-running fintech trade secrets case to proceed toward trial, overruling defense objections to spoliation findings and holding that a jury may infer that destroyed electronic evidence would have been unfavorable to Envestnet Inc. and its former subsidiary Yodlee Inc.
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January 06, 2026
1st Circ. Questions Feds' Mootness Claim In NIH Grant Suits
The First Circuit appeared to push back Tuesday on assertions by the government that new guidance for terminating medical research grants over supposed links to issues like DEI, gender identity and vaccines — along with a partial settlement last week — moot a pair of lawsuits challenging the directives.
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January 06, 2026
3rd Circ. Backs DOL In Home Healthcare Wage Case
The Third Circuit upheld a $1 million judgment against home health company WiCare Home Care Agency LLC Tuesday, finding it was within the secretary of labor's power to write regulations keeping "third-party employers" subject to the Fair Labor Standards Act and not exempt under a provision for "companionship services."
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January 06, 2026
Boscov's Tenant Sues Over Del. Mall Tax Reimbursements
A company that runs a Boscov's department store in a Newark, Delaware, shopping center has claimed in Delaware state court that the property's landlord forced the company to overpay tax reimbursements.
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January 06, 2026
Practus Faces DQ Bid In Lacrosse Glove Patent Fight
Sporting goods company STX LLC has asked a Delaware federal court to disqualify Practus LLP and one of its attorneys from representing competitor StringKing Inc. in a patent infringement case related to lacrosse gloves, arguing that the firm has a conflict of interest.
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January 06, 2026
Chancery Asked To Block Parallel Earnout Suit With Tech Cos.
Audatex North America LLC and its parent company Solera Holdings LLC have requested that the Delaware Chancery Court block former RedCap Technologies LLC owners from reviving a stayed Superior Court lawsuit, arguing that the sellers expressly agreed to halt all court activity while their earnout dispute is arbitrated.
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January 06, 2026
Top Personal Injury, Medical Malpractice Cases Of 2025
A headline-grabbing $329 million wrongful death verdict against Tesla and a landmark $2.5 billion deal between DuPont and New Jersey over PFAS "forever chemicals" are among Law360's top personal injury and medical malpractice cases from 2025.
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January 05, 2026
1st Circ. Upholds Block On Trump Admin NIH Funding Cuts
The First Circuit on Monday affirmed a Massachusetts federal judge's order permanently blocking the Trump administration from gutting National Institutes of Health funding for biomedical research, agreeing that the government didn't have the authority to cap indirect costs for research grants.
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January 05, 2026
3rd Circ. Won't Reconsider Burford German Arbitration Fight
The Third Circuit has denied litigation funder Burford Capital's request that the appeals court revisit its decision dismissing on jurisdictional grounds the funder's bid to arbitrate a dispute relating to German antitrust litigation.
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January 05, 2026
ITC To Review If Bike Trainer Imports Infringe Wahoo Patents
The U.S. International Trade Commission has agreed to investigate whether an Australian company is infringing a group of patents owned by Wahoo Fitness with its bicycle training product imports.
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January 05, 2026
Chancery Rejects BankUnited's Employee Poaching Claims
The Delaware Chancery Court has denied BankUnited's attempt to block former executives and rival Customers Bank from recruiting employees and pursuing business in the title-services market, finding that the lender failed to show it was likely to win on any of its contract or fiduciary-duty claims.
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January 05, 2026
Nicklaus Takes Aim At Bankrupt Golf Co.'s Ch. 11 Loan
Retired professional golfer Jack Nicklaus is opposing the Chapter 11 financing and sale procedures floated by sporting gear and golf course design company GBI Services, saying the business is trying to sell assets that include valuable intellectual property that he owns.
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January 05, 2026
3rd Circ. Won't Rethink Tax On Interest In $191M Pharma Deal
The Third Circuit declined to reconsider its decision that a pharmaceutical company's $191 million payment settling a family feud was for the sale of a family trust's ownership shares and included interest that should be taxed as ordinary income.
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January 05, 2026
Chancery Orders $25K Daily Sanction In Trump Media Dispute
The blank-check company that took Trump Media & Technology Group Corp. public last year drew a $25,000 per-day sanction on Monday in Delaware's Court of Chancery after refusing an over $2 million legal fee advancement bill arising from litigation involving a former CEO in Florida.
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January 05, 2026
Calif. AG Urges Court To Install Trustee For FlipCause Ch. 11
The California Attorney General's Office asked a Delaware bankruptcy judge to appoint a Chapter 11 trustee in the bankruptcy case of fundraising tech company FlipCause, asserting the debtor's case reveals severe mismanagement.
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January 05, 2026
Delaware Chancery Narrows Real Estate Valuation Suit
A Delaware Chancery Court judge on Monday narrowed the scope of a lawsuit over a disputed real estate valuation, dismissing a contract claim while allowing an implied-covenant claim to proceed based on allegations that the managing member improperly influenced an independent appraisal, with limited discovery to follow.
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January 05, 2026
Delaware Justice Karen L. Valihura To Retire In July
Delaware Supreme Court Justice Karen L. Valihura announced Monday she would leave the state's five-member top court at the end of her 12-year term in July, stepping away from one of the nation's more-important corporate law venues amid continuing political and philosophical turmoil.
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January 02, 2026
Catching Up With Delaware's Chancery Court
Delaware's Court of Chancery paddled through mostly calm waters at the year's end, with plenty of big hearings and decisions in its rearview mirror, including a recent Chancery reversal restoring Elon Musk's compensation package, earlier valued at $56 billion.
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January 02, 2026
CoinFund Co-Founder Alleges Secret Plot To Strip 25% Stake
A co-founder of cryptocurrency investment firm CoinFund has sued the firm and several of its partners in Delaware Chancery Court, alleging that they orchestrated a covert scheme to strip him of a roughly 25% equity stake using undisclosed written consents, a non-pro rata distribution structure and what he calls a sham valuation designed to minimize his payout.
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January 02, 2026
Consumer Protection Cases And Trends To Watch In 2026
State attorneys general will litigate more consumer protection cases in the new year, whether the suits are filed by their own offices or with the help of outside counsel, while the federal government under the Trump administration will drop pending enforcement actions and continue its shift away from broad rulemaking.
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January 02, 2026
Bankruptcy And Restructuring Trends To Watch In 2026
Bankruptcy practitioners expect restructuring activity to remain elevated in the year ahead as more debt comes due and businesses continue to grapple with economic uncertainty. Major court rulings on bankruptcy plans, innovations in out-of-court debt deals and shifts in what is permitted under Chapter 11 will also have important effects in 2026, experts told Law360.
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January 02, 2026
Top Delaware Chancery Cases And Trends To Watch In 2026
Delaware's business courts and corporation laws are heading into 2026 wrapped in a third straight year of controversy and high-level litigation, with the state's future as the nation's premier corporate charter hub under continued critical attention.
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January 02, 2026
Approach The Bench: What Judges Had To Say In 2025
Jurists discussed their strategies for decision-making, the difficulties of case management, and their predictions for the future of litigation in a dozen interviews with Law360 this year.
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January 02, 2026
Trademark Cases To Watch In 2026
An appeal over the use of foreign words in branding is up for consideration at the U.S. Supreme Court, and a Delaware federal judge is set to deliver his verdict following a bench trial over the "Ugliest House in America." Here are Law360's picks for the trademark cases to watch in 2026.
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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Reviewing 2025's Artificial Intelligence Disputes Over IP
2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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4 Privacy Trends This Year With Lessons For Companies
As organizations plan for ongoing privacy law changes, 2025 trends that include a shift of activity from the federal to the state level mean companies should take an adaptive and principle-based approach to privacy programs rather than trying to memorize constantly changing laws, say attorneys at Sheppard Mullin.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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2025 Noncompete Developments That Led To Inflection Point
Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.