Delaware

  • July 21, 2026

    Acer Can't Escape Ericsson Dispute Over 4G, 5G Patents

    A Delaware federal judge won't throw out Ericsson's suit seeking a finding it didn't infringe Acer Inc. patents covering 4G, LTE and 5G wireless standards, despite Acer filing litigation first in Texas accusing Ericsson's customers of infringement.

  • July 21, 2026

    Thermo Fisher Says TRO Needed To Protect $8.9B Deal

    A Delaware Chancery Court judge said Tuesday he is still weighing whether to temporarily block a former Thermo Fisher Scientific Inc. executive from joining Fortrea Holdings Inc., signaling that the dispute turns on difficult questions about the scope of restrictive covenants while cautioning the parties not to assume how he will rule.

  • July 21, 2026

    Dems Press Skadden On Trump Pro Bono Pact, Intel Deal Work

    A group of Democrats demanded Tuesday that Skadden Arps Slate Meagher & Flom LLP disclose details of its pro bono arrangement with the Trump administration in light of allegations the firm advised both Intel Corp. and the U.S. Department of Commerce when the administration received a 10% company stake.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    Boehringer Alleges United Therapeutics Poached Staff, Secrets

    Boehringer Ingelheim Pharmaceuticals Inc. is suing United Therapeutics Corp. in Delaware Chancery Court, alleging it recruited more than 20 members of Boehringer's specialized interstitial lung disease sales team to obtain confidential business information before launching a competing drug.

  • July 20, 2026

    Moderna Hits CureVac With Countersuit In COVID Vax Fight

    Moderna has filed a countersuit in Delaware federal court against a BioNTech subsidiary's claims that Moderna's COVID-19 vaccine infringed several patents, saying the rival biotech company was trying to "take credit" for Moderna's own innovations in mRNA vaccines.

  • July 20, 2026

    Apple Can't Get Judge To Toss Masimo's $634M Patent Verdict

    Apple has lost its bid to dodge a jury's finding that it owes $634 million for infringing a Masimo Corp. patent after a California federal judge rejected the tech giant's challenge to how the court construed a key term and its bid for a new trial.

  • July 20, 2026

    Del. Judge Rejects Fast-Track Bid For Agtech Co. Receiver

    The Delaware Chancery Court on Monday refused to fast-track a former HerdDogg Inc. founder's bid to place the agricultural technology company into receivership and denied her request for a temporary restraining order, finding she failed to show current evidence of insolvency or an imminent threat of irreparable harm.

  • July 20, 2026

    Trump Media Settles Claims With Ex-SPAC CEO In Fla. Suit

    The corporation that operates President Donald Trump's Truth Social website agreed to dismiss its lawsuit against the former CEO of a special purpose acquisition company over a botched public offering following a settlement between the parties in Florida state court. 

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Fed. Circ. Told Decision Clearing Sirius In Patent Case Flawed

    German research institute Fraunhofer-Gesellschaft has urged the Federal Circuit to revive its patent suit against SiriusXM, saying a lower court made various errors when deciding that the satellite radio giant relied on a delay in bringing the suit.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving intellectual property, corporate control, fiduciary duties, artificial intelligence, trust administration and cryptocurrency litigation.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    US Seeks Toss Of Arbutus Patent Suit Over Moderna Vaccine

    The federal government asked the U.S. Court of Federal Claims on Friday to dismiss much of a patent suit against it by Arbutus Biopharma tied to Moderna's COVID-19 vaccine, saying the court couldn't hear the bulk of the case because Arbutus and Moderna reached a multibillion-dollar consent judgment that is subject to appeal.

  • July 17, 2026

    Judge Says OMB Can't Change Grant Terms After Award

    A Massachusetts federal judge said Friday the Trump administration cannot rely on a shift in policy to retroactively change the terms of already awarded grants in order to justify canceling them.

  • July 17, 2026

    Del. Says Counter-Counterclaims Are Allowed In Crypto Case

    The Delaware Chancery Court has recommended denying a cryptocurrency holding company's bid to throw out a former executive's breach of contract claim, concluding that Delaware's procedural rules permit so-called "counter-counterclaims" and rejecting arguments that the claim was barred by res judicata or was untimely under the doctrine of laches.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    States Ask To Join Fight Against DOD Wind Project Blockage

    Nearly 20 states have told an Oregon federal judge they want in on a lawsuit challenging the Trump administration's decision to block land-based wind projects in the U.S. from moving forward.

  • July 17, 2026

    Rivian Hit With Chancery Derivative Suit Over EV Demand

    A Rivian Automotive Inc. stockholder has filed a derivative lawsuit in the Delaware Chancery Court accusing the electric-vehicle maker's current and former directors and officers of misleading investors about customer demand, production growth and the company's path to profitability, allegedly exposing Rivian to significant legal costs and potential liability.

  • July 17, 2026

    Bankrupt Pa. City Can Keep Disputed Revenue, 3rd Circ. Says

    The Third Circuit ruled Friday that the bankrupt city of Chester, Pennsylvania, gets to keep income from a casino, a trash incinerator and other sources that secured its debt, finding that its creditors' liens on the revenues did not survive Chester's Chapter 9 filing.

  • July 17, 2026

    States Stepping Up Merger Work In First Half Of 2026

    Federal enforcers reached a number of merger settlements in the first half of 2026, while state attorneys general stepped up their independent enforcement efforts, taking on Nexstar's planned purchase of rival broadcaster Tegna and Paramount's deal for Warner Bros. Discovery.

  • July 16, 2026

    Fed. Circ. Asked Not To Shift Moderna Vax Patent Case To Gov't

    Drugmakers like Novartis, former federal judges, a startup group and others have urged the Federal Circuit to reject calls to shift liability in a COVID-19 vaccine patent suit against Moderna to the federal government, saying that doing so would undermine patent rights.

  • July 16, 2026

    American Signature Seeks OK To Sell Google Antitrust Claims

    Bankrupt furniture retailer American Signature Inc. has asked a Delaware bankruptcy judge for permission to sell its potential antitrust claims against Google for about $5.76 million, arguing that converting an uncertain litigation asset into immediate cash is the best way to maximize value for creditors while avoiding the costs and risks of pursuing the claims itself.

Expert Analysis

  • E-Discovery Quarterly: Recent Rulings On ESI Control

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    Several recent federal court decisions have perpetuated a split over what constitutes “control” of electronically stored information — with judges divided on whether the standard should turn on a party's legal right or practical ability to obtain the information, say attorneys at Sidley.

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • CFTC Actions Show Prediction Market Insider Trading Risks

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    It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

  • Prepping For White House's Proposed AI Framework

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    The artificial intelligence legislative framework issued by the White House last month reframes the policy landscape, creating a number of near-term developments for companies to track as congressional committees attempt to convert the framework into legislative text, say attorneys at Morgan Lewis.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 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.

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