Delaware

  • July 28, 2026

    3rd Circ. Upholds Alecto Health's Small-Biz Ch. 11 Plan

    The Third Circuit affirmed Tuesday that hospital owner Alecto Healthcare Services' streamlined Chapter 11 and the resulting plan confirmation withstood an appeal by a creditors' group.

  • July 28, 2026

    Judge Mulls Pausing Medicaid Work Rule For 'Frail' Recipients

    A Massachusetts federal judge said Tuesday he anticipates deciding by the end of the week whether the Trump administration will have to pause part of a new rule states must follow in determining whether medically frail Medicaid recipients are exempt from new work or school requirements.

  • July 28, 2026

    AT&T Whistleblower Told To Cut Facts From Ethics Case Filing

    Former AT&T in-house counsel and whistleblower Theodore Marcus has been asked to delete part of his response to professional misconduct charges pending against him in Washington, D.C., because the filing allegedly contains privileged information.

  • July 28, 2026

    Wachtell Lipton Co-Chair Joins Gibson Dunn In 6-Atty Move

    Gibson Dunn & Crutcher LLP has brought on former Wachtell Lipton Rosen & Katz co-chair William Savitt and his powerhouse five-person corporate litigation team, a seismic move even by the standards of the current white-hot lateral market.

  • July 28, 2026

    Teva Can't 'Literally Whine' Of Being Held To DOJ Admissions

    A Pennsylvania federal judge has taken Teva to task for trying to avoid being held to its admissions of price-fixing in a $225 million settlement with the U.S. Department of Justice, ruling that Humana can use those admissions in one of the first bellwether trials in sprawling multidistrict litigation.

  • July 28, 2026

    LG Can't Arbitrate Stockholder Suit, Chancery Says

    The Delaware Chancery Court has refused to send fiduciary duty claims against LG, its U.S. subsidiary and several executives to arbitration, ruling that an investor's derivative lawsuit over the governance of advertising technology company Alphonso must remain in the Delaware court.

  • July 27, 2026

    FTX's $1.8B Clawback Suit Against Binance, Zhao Can Proceed

    A Delaware federal bankruptcy judge has allowed FTX's bankruptcy estate to continue to try to claw back a $1.76 billion payment to the cryptocurrency platform though she trimmed certain claims.

  • July 27, 2026

    SEC Fines Simplify $400K Over ETF Transaction Violations

    A Delaware-based registered investment adviser has agreed to pay a $400,000 fine to the U.S. Securities and Exchange Commission to resolve claims that, among other things, it caused an affiliated trust to engage in prohibited transactions and separately caused one of its exchange-traded funds to exceed leverage thresholds for derivatives trading.

  • July 27, 2026

    Fed. Circ. Clears Boston Scientific In $49M Stent Patent Case

    The Federal Circuit on Monday overturned a $49.4 million patent judgment against Boston Scientific, ruling that the company's drug-eluting coronary stents did not infringe a patent owned by the University of Texas System and that the patent is invalid.

  • July 27, 2026

    W.Va. Coal Plant Hits Ch. 11, Blames Ex-Leaders

    The owner of a West Virginia coal-fired power plant filed for Chapter 11 relief Monday with more than $70 million of funded debt and plans to sell the facility, with the new management installed earlier this year accusing former executives of misconduct.

  • July 27, 2026

    Del. Judge Tosses Challenge To Envestnet's $4.5B Bain Sale

    The Delaware Chancery Court has dismissed a stockholder challenge to Envestnet Inc.'s $4.5 billion take-private sale to Bain Capital affiliates, ruling that investors approved the deal through a fully informed vote and that the complaint failed to support claims that the company's independent directors or financial adviser Morgan Stanley acted improperly.

  • July 27, 2026

    Yale, Biohaven Win $4M In Biotech Trade Secret Trial

    A Delaware federal jury has awarded Yale University and Biohaven Therapeutics $4 million after finding that venture capital firm RA Capital Management GP breached a confidentiality agreement and, along with co-defendant Avilar Therapeutics, misappropriated a Yale-developed trade secret for designing protein-degrading drug molecules.

  • July 27, 2026

    Regeneron Says Drug Approval Irrelevant In Antitrust Case

    Regeneron told a Delaware federal court the recent regulatory approval of a new cholesterol drug is irrelevant to its case accusing Amgen of bundling Repatha with other medications, as the court mulls an injunction bid following Regeneron's $407 million jury win.

  • July 27, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving restrictive covenants, corporate governance, trade secrets, real estate investments, receiverships, and books and records demands.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

  • July 24, 2026

    Illinois Blocked From Giving Tuition Aid To Immigrants

    A federal judge Friday permanently barred Illinois from providing benefits such as in-state tuition and education scholarships to unauthorized immigrants, agreeing with the Trump administration's argument that the offerings run afoul of federal law by discriminating against U.S. citizens.

  • July 24, 2026

    Real Estate Recap: Forbearance, Truck Lots, Phoenix SFR

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into forbearance negotiations, the latest real estate investment craze, and the ongoing challenges for Wall Street landlords in the Sun Belt.

  • July 24, 2026

    2 Conservative Airbnb Investors Drop Proxy Bias Suit

    Two right-leaning institutional investors that accused Airbnb of wrongly excluding their shareholder proposals from proxy materials have been allowed to quietly drop their lawsuit against the short-term rental business.

  • July 24, 2026

    Upstart Gets OCC's Conditional Approval For Bank Charter

    Online lending platform Upstart has cleared a key initial hurdle at the Office of the Comptroller of the Currency in its bid to launch what it is calling the first national bank built with artificial intelligence-powered underwriting.

  • July 24, 2026

    Finch Therapeutics Can Seek Ch. 11 Plan Votes

    A Delaware bankruptcy judge on Friday conditionally approved the disclosure statement for microbiome treatment developer Finch Therapeutics' Chapter 11 plan, allowing it to solicit creditor votes.

  • July 24, 2026

    Former Drug Co. Akorn Gets OK For $18.5M Ch. 7 Settlement

    A Delaware bankruptcy judge has signed off on a deal resolving a $28.3 million claim by the buyer of defunct drug developer Akorn's assets, allowing an $18.5 million claim in the Chapter 7 case.

  • July 24, 2026

    5 TM Cases & 1 Strategy To Watch In 2026's Second Half

    The U.S. Supreme Court will weigh a trademark dispute that asks whether juries or judges should decide if a mark is inherently strong, while courts will continue testing the impact of the justices' Jack Daniel's decision over a key test in trademark infringement cases. Here are Law360's picks for trademark cases to watch for the rest of the year.

  • July 23, 2026

    FEMA Is Illegally Tying Funds To Election Rules, States Say

    A group of mostly Democratic-led states asked a Rhode Island federal court Thursday to stop the U.S. Department of Homeland Security from withholding disaster-relief funds unless they comply with the Trump administration's election administration and immigration enforcement demands.

  • July 23, 2026

    Del. Judge Voids Destiny Co-Founder's Ouster Scheme

    The Delaware Chancery Court ruled Thursday that Destiny XYZ Inc.'s controlling founder carried out an unfair scheme to squeeze his co-founder out of the company, restoring the minority founder's ownership stake and finding that the controller and two directors breached their fiduciary duties through a reverse-forward stock split designed to eliminate him.

  • July 23, 2026

    Team Systems Execs Seek Recusal In Ch. 7 Clawback Suit

    Former executives of bankrupt government contractor Team Systems International asked a Delaware bankruptcy judge to recuse himself from the contractor's Chapter 7 case and a $14 million clawback case against the executives by the Chapter 7 trustee.

Expert Analysis

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Operational AI Washing: The Next Frontier Of Fiduciary Risk

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    While there are still no final Delaware decisions applying Caremark specifically to artificial intelligence governance failures, previous case law provides a blueprint, so the question for boards is whether their governance architectures will satisfy Caremark when the first cases are decided, say attorneys at Akerman.

  • 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.

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