Delaware

  • May 01, 2026

    Pa. AG Has No Place In Grid Project Fight, High Court Told

    Transmission developer Transource Pennsylvania LLC on Friday urged the U.S. Supreme Court to reject a plea by Pennsylvania's attorney general to intervene in Third Circuit proceedings that allowed the company's project to proceed despite its rejection by state utility regulators.

  • May 01, 2026

    Investors Lose Contract Claims In Del. Over Stock Financing

    The Delaware Chancery Court has dismissed contract-based claims brought by early investors in materials science company Footprint International Holdco Inc., finding that they could not invoke the implied covenant of good faith and fair dealing to add protections to a governance agreement after a disputed financing allegedly wiped out much of the value of their preferred stock.

  • May 01, 2026

    Del. Judge Leans Toward Candor In AI Tech Fight

    A Delaware vice chancellor said Friday she's inclined to find that a legal technology company's term sheet with an Italian artificial intelligence business is binding and that specific performance may be the only workable remedy in a fight over emotion-recognition technology for legal proceedings.

  • May 01, 2026

    5 Argument Sessions Benefits Attys Should Watch In May

    HP, Siemens and Honeywell will defend victories in 401(k) forfeiture suits at the Ninth and Third circuits, while union pensioners will battle over life insurance and early retirement benefits at the Tenth and Seventh circuits. Here, Law360 looks at five coming oral argument sessions that benefits attorneys may want to keep an eye on.

  • May 01, 2026

    SEC's Corp. Governance Shift Puts Onus On States, Cos.

    Lawyers who work with clients on corporate governance matters had a warm response to a recent pledge from U.S. Securities and Exchange Commission Chairman Paul Atkins to let states handle such issues, saying the shift marks a return to the agency's historical approach and may spur increased activity among state regulators.

  • May 01, 2026

    Humana Investor Suit Largely Survives Dismissal Bid

    Health insurer Humana can't shed proposed class action claims it misled investors about the financial impact it would see from pent-up demand for healthcare deferred amid the COVID-19 pandemic, a Delaware federal judge has determined.

  • April 30, 2026

    Fox News Can't Yet Duck Newsom's $787M Defamation Suit

    A Delaware state judge Thursday refused to throw out California Gov. Gavin Newsom's $787 million defamation claims over Fox News' coverage of his June 6 phone call with President Donald Trump, ruling that Newsom has plausibly alleged that Fox News knew it was making false statements when it made them.

  • April 30, 2026

    Gov't Pauses Medicaid Data Use For ICE Amid Injunction Fight

    The Trump administration agreed at a hearing Thursday to temporarily halt the use of 22 states' Medicaid data for immigration enforcement purposes until a San Francisco federal judge clarifies the boundaries of an injunction that the largely Democratic-controlled states had accused the government of flouting.

  • April 30, 2026

    ITC Proposes Litigation Funding Disclosure Rule For IP Cases

    The U.S. International Trade Commission on Thursday proposed a new rule that would require litigants in intellectual property cases before the commission to disclose information about entities that have an ownership or financial interest in the case, including litigation funders.

  • April 30, 2026

    Monthly Merger Review Snapshot

    A pair of door manufacturers ended a landmark private merger challenge, state enforcers are gearing up for a potential Live Nation breakup bid following a crucial jury win, and a separate group of states and DirecTV are challenging Nexstar's $6.2 billion deal for rival broadcaster Tegna.

  • April 30, 2026

    Fishing Gear Founder Beats Immediate TRO Bid

    A Delaware vice chancellor on Thursday declined to immediately block former fishing gear executive Ralph Duda III from operating a women-focused fishing products business but put the dispute on a fast track toward a preliminary injunction hearing in about 45 days.

  • April 30, 2026

    Sunoco Pipeline Suit Belongs In Federal Court, 3rd Circ. Told

    The inclusion of a Pennsylvania-based Energy Transfer LP subsidiary in a state agency's administrative order over a pipeline spill should not be enough to give a state court jurisdiction over local residents' lawsuit stemming from the same spill, Sunoco and Energy Transfer's lawyers told a Third Circuit panel Thursday.

  • April 30, 2026

    Energy Co. Brass Accused Of $58M 'Pump And Dump'

    A stockholder has sued Enphase Energy Inc.'s top officers and directors in the Delaware Chancery Court, accusing them of misleading investors about weakening demand for the solar technology company's products while insiders allegedly sold more than $58.8 million in stock and the company spent nearly $907 million on allegedly inflated share repurchases.

  • April 29, 2026

    Del. Supreme Court Says Bylaw Suits Came Too Soon

    The Delaware Supreme Court on Wednesday upheld the dismissal of stockholder lawsuits challenging advance notice bylaws adopted by The AES Corp. and Owens Corning, ruling that the claims were premature because no actual dispute over the bylaws had yet materialized.

  • April 29, 2026

    Fed. Circ. Revives FedEx Patents But Limits RPI Appeals

    The Federal Circuit told the Patent Trial and Appeal Board on Wednesday to reconsider invalidating FedEx Corp. shipment monitoring patents challenged by Qualcomm Inc., while also making clear when real party in interest decisions can't be appealed.

  • April 29, 2026

    Citgo Bidder Violating Confidentiality Agreement, Court Hears

    Counsel for the oil giant Citgo has accused an affiliate of hedge fund Elliott Investment Management LP of improperly revealing and distorting its confidential information as the parties inch closer toward ending a long-running saga aimed at satisfying billions of dollars' worth of Venezuelan debt.

  • April 29, 2026

    High Court Seeks Path To Limited Ruling On 'Skinny Labels'

    The U.S. Supreme Court on Wednesday appeared reluctant to craft new standards for deciding whether makers of generic drugs that use so-called skinny labels have encouraged others to infringe patents, with several justices saying existing law is sufficient to make a decision.

  • April 29, 2026

    Janus Henderson Inks $6.5M 401(k) Fund Suit Deal

    Janus Henderson will fork over $6.5 million to settle a proposed class action alleging that the asset manager breached fiduciary duties by promoting underperforming proprietary investments in its employee 401(k) plan, according to the terms of the deal filed in Colorado federal court Wednesday.

  • April 29, 2026

    3 Federal Circuit Clashes To Watch In May

    The Federal Circuit's May argument slate includes appeals of invalidity decisions and sanctions tied to VLSI Technology's multibillion-dollar chip patent dispute with Intel, as well as Amazon's challenge to a cloud storage patent verdict against it for over half a billion dollars.

  • April 29, 2026

    3rd Circ. Skeptical Law Prof Harmed By NJ Employment Policy

    The Third Circuit on Wednesday appeared skeptical that an attorney has standing to challenge the constitutionality of a workplace policy for New Jersey employees, asking what imminent harm she faces now that she is no longer subject to the policy.

  • April 29, 2026

    3rd Circ. Upholds Trooper Immunity For Arrest After Shooting

    A man acquitted of homicide and other charges for killing another man in a bar fight cannot continue his case against a Pennsylvania state trooper who he said violated his rights by arresting him and filing an affidavit in support of bringing charges despite knowing the suspect acted in self-defense, a Third Circuit panel has determined.

  • April 29, 2026

    Bausch Balks At Suspected Tweak In Price-Fixing Deals

    A stipulation between state attorneys general and private plaintiffs suing generic-drug makers for alleged price-fixing seems to reflect a change in the states' earlier deal to release claims against Bausch entities, the companies said in asking a Connecticut federal judge to maintain the status quo.

  • April 29, 2026

    Del. High Court Affirms Dismissal Of FTX Claim Deal Suit

    The Delaware Supreme Court has upheld a lower court's dismissal of a dispute over a failed attempt to purchase a multimillion-dollar claim tied to the collapse of onetime crypto giant FTX Trading Ltd., affirming that the case does not belong in Delaware courts.

  • April 28, 2026

    Duracell Loses Bid To Ax BASF's Lithium Battery Secrets Suit

    Battery-maker Duracell cannot escape chemical company BASF Corp.'s lawsuit accusing it of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, a Delaware federal judge ruled Tuesday.

  • April 28, 2026

    Judge Grants Mortgage Broker Stock Sale Notice

    A Delaware bankruptcy judge on Tuesday allowed bankrupt home lending broker Impac Mortgage to continue to control the sale of its stock after hearing that millions of dollars in transactions took place despite an emergency order he entered Monday to restrict trading.

Expert Analysis

  • Meta Coverage Ruling Could Erode Broad Duty To Defend

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    A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds' business decisions can be weaponized to deny a duty to defend, say attorneys at Anderson Kill.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • How DExit, Mandatory Arbitration Could Alter IPO Outlook

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    As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

  • Opinion

    3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

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    To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Risk Disclosure Lessons For AI Cos. From Dot-Com Era

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    Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Del. Coinbase Outcome May Have Been Different In Texas

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    The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.

  • Share Repurchases Leave Cos. Susceptible To Litigation

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    Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

  • 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

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    The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

  • Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity

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    The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.

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