Delaware

  • 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.

  • June 26, 2026

    Del. Justices Back Trade Desk In Nevada Records Fight

    The Delaware Supreme Court on Friday upheld a Delaware Chancery Court ruling limiting a stockholder's inspection rights, affirming that The Trade Desk Inc. does not have to produce director emails and other informal communications sought in an investigation into the advertising technology company's 2024 reincorporation from Delaware to Nevada.

  • June 25, 2026

    Judge Tosses Most Of Patent Suit Against Comcast, Peacock

    A Delaware federal court has tossed most of a suit accusing Comcast and its subsidiaries, NBCUniversal and Peacock TV, of offering video streaming and network monitoring services that infringe four patents, allowing one direct infringement claim over one patent to survive.

  • June 25, 2026

    Brokerage Workers Say $1.05B Sale Shortchanged Them

    A proposed class action in Delaware Chancery Court alleges the founders and directors of insurance brokerage startup Newfront Insurance Holdings Inc. breached fiduciary duties by forcing employee shareholders to accept inferior merger consideration and restrictive employment conditions in the company's $1.05 billion sale to Willis Towers Watson PLC.

  • June 25, 2026

    Another Trump Order For Election Restrictions Blocked

    A Massachusetts federal judge on Thursday blocked the Trump administration from implementing the president's March order to compile a federal list of eligible voters and to set new restrictions on the use of mail-in ballots in this fall's general election.

  • June 25, 2026

    ZipRecruiter Investor Challenges CEO's Control Gain

    A ZipRecruiter Inc. stockholder has filed a proposed class action in Delaware Chancery Court accusing the company's directors of allowing CEO and co-founder Ian Siegel to obtain majority voting control without paying a control premium or compensating public investors.

  • June 25, 2026

    3rd Circ. Vexed By Diabetic Worker's Atty, AI Issues

    A Third Circuit panel questioned Thursday whether a hospital employee's disclosure of her diabetes was "too little, too late" to trigger an accommodation after she was written up for sleeping on the job — and whether her attorneys should be sanctioned for filing a minor motion that appeared to include AI-hallucinated citations.

  • June 25, 2026

    Spanish Broadcasting Gets Green Light For Ch. 11 Plan

    A Delaware bankruptcy judge said Thursday he will confirm Spanish-language radio station operator Spanish Broadcasting System's Chapter 11 plan once he gets the final draft of its plan documents, largely overruling an outstanding objection.

  • June 25, 2026

    Del. Shields Kroger Lawyers' Brainstorming In Albertsons Suit

    The Delaware Chancery Court on Thursday denied Albertsons Cos. Inc.'s bid to force The Kroger Co. to submit additional internal law firm communications in litigation over the companies' failed $24.6 billion merger, ruling that Kroger's waiver of attorney-client privilege does not extend to lawyers' brainstorming that was never communicated to the client.

  • June 24, 2026

    Engineer Traded Off Microsoft's Nuclear Plans, Feds Say

    An ex-Constellation Energy engineering manager was accused in an indictment in Delaware federal court and by the U.S. Securities and Exchange Commission of trading securities using nonpublic information about the company's confidential plans with Microsoft Corp. to potentially relaunch an inactive nuclear reactor.

  • June 24, 2026

    Pfizer Defeats Generic Drug Claims From State AGs

    A Connecticut federal court tossed the claims against Pfizer Inc. in one of three cases by state enforcers accusing dozens of generic-drug makers of price-fixing, finding Pfizer was not responsible for the alleged price increases on several drugs.

  • June 24, 2026

    McIver Says 3rd Circ. Must Hear Bias Claim Now In ICE Dispute

    A Third Circuit panel wrestled Wednesday with whether it has authority to hear claims from U.S. Rep. LaMonica McIver, D-N.J., that the Trump administration's criminal indictment against her for assaulting federal officers outside an immigration detention center was vindictive.

  • June 24, 2026

    Gene Therapy Co. Sangamo Gets Initial OK For $30M DIP

    A Delaware bankruptcy judge on Wednesday granted interim approval of a $30 million Chapter 11 financing package for biotechnology company Sangamo Therapeutics Inc., funds that the debtor will use to support a sale process for its assets.

  • June 24, 2026

    Venue Operator Can't Avoid Fair Dealings Claims In Chancery

    The Delaware Chancery Court on Wednesday largely refused to dismiss a contract dispute between concessions provider Facilities Holdings LLC and venue operator ASM Global Parent LLC, finding it reasonably conceivable ASM Global secretly worked to derail contract extensions after being acquired.

  • June 24, 2026

    Doc's Defamation Claim Against Cigna Barred By ERISA

    In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.

Expert Analysis

  • 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.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Operational AI Washing: The Section 220 Information Strategy

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    Plaintiffs filing AI washing claims will likely use Section 220 of the Delaware General Corporation Law to obtain internal board records, but 2025 amendments have fundamentally changed the landscape of presuit shareholder document demands in ways that create both risk and opportunity for companies, say attorneys at Akerman.

  • Del. Dispatch: The Hurdles To Early Fraud Claim Dismissal

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    Particularly where the alleged facts may suggest potentially blatant or egregious misconduct, the pleading-stage standards highlighted in the Delaware Court of Chancery's recent decision in Diem v. Maisonette provide a ready route for the nondismissal of claims before a trial, say attorneys at Fried Frank.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

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