Delaware

  • July 10, 2026

    Thermo Fisher Looks To Block Former Exec's Move To Fortrea

    Thermo Fisher is asking a Delaware court to prevent a former executive's move to a direct competitor following its $8.875 billion acquisition of Clario in March 2026, saying the new leadership role is in violation of contractual obligations negotiated as part of the acquisition.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    Texas Co.'s Defense Of UAE Unit Not Covered, Insurer Says

    An excess insurer said it owes no coverage to an environmental company for costs incurred in defending its United Arab Emirates-based subsidiary against arbitration in Singapore, telling a Delaware state court that the subsidiary does not qualify as an insured under the policy.

  • July 10, 2026

    SiFi Networks Wins Final Approval For $3.4M Ch. 11 Loan

    Privately-owned telecommunications company SiFi Networks America LLC can access $3.4 million in Chapter 11 financing from its prepetition lender and stalking horse bidder, a Delaware bankruptcy judge has determined.

  • July 10, 2026

    Conservative Investors Ask To Drop Airbnb Investor Suit

    Two right-leaning institutional shareholders who alleged Airbnb wrongly excluded shareholder proposals from proxy materials have asked a Delaware federal court to dismiss their dispute.

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

  • July 09, 2026

    Regeneron Cites Medtronic Ruling In Amgen Bundling Case

    Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

  • July 09, 2026

    3rd Circ. Unsure DHS Can Deny Virtual Access For Detainees

    The Third Circuit seemed skeptical of the federal government's argument Thursday that it had no obligation to offer immigrant detainees virtual access to state criminal courts, questioning whether the U.S. Department of Homeland Security was denying detainees' rights to a speedy trial or access to evidence.

  • July 09, 2026

    Supreme Court's Berk Med Mal Ruling Set For Test In Maine

    The U.S. Supreme Court's January ruling in Berk, which held that a federal plaintiff needn't follow Delaware's procedural rules for medical malpractice cases, is set for its first test in a Maine case in which healthcare provider defendants assert that the high court decision doesn't apply.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    3rd Circ. Questions Standing In DuPont, Corteva Appeals

    The Third Circuit on Thursday wrestled with whether to overturn a judge's verdict against chemical companies Corteva and DuPont in a suit from pensioners who claimed they were misled about how a merger and spinoff would affect their retirement benefits, with judges questioning the standing of individuals leading the suit. 

  • July 09, 2026

    Fed. Circ. Affirms AstraZeneca Win Over $107.5M Verdict

    The Federal Circuit on Thursday upheld a lower court's invalidation of a pair of cancer drug patents that a jury found AstraZeneca infringed, turning back a Pfizer unit's attempt to revive a $107.5 million verdict.

  • July 09, 2026

    States Flag Freedom Forever's Deal With Financier In Ch. 11

    A dozen states have objected to Freedom Forever's settlement with one of its key financing partners, telling a Delaware judge they were concerned about the deal's impacts on customer contracts with the bankrupt solar panel installer.

  • July 09, 2026

    Actavis Can't Escape State AG Generic Drug Claims

    A Connecticut federal court has trimmed several claims from state enforcers accusing Actavis of fixing prices for dermatology drug products but allowed most of the claims against the drugmaker to proceed.

  • July 08, 2026

    Samsung Accuses Netlist Of Patent 'Double-Dip' In Latest Suit

    Samsung has kicked off yet another lawsuit in its long-running intellectual property dispute with Netlist, this time claiming that Netlist is trying to "double dip" with a demand that Samsung take a second license to Netlist's patents covering semiconductor technology, according to a complaint filed in Delaware federal court Wednesday.

  • July 08, 2026

    Amazon Ordered To Give FTC Docs It Claimed Were Privileged

    A Washington federal judge ordered Amazon to give the Federal Trade Commission several documents sought in the agency's antitrust case and said a "re-review" of the online retailer's discovery is needed to ensure the company "does not continue to withhold documents based on an improper application of the attorney-client privilege."

  • July 08, 2026

    3rd Circ. Wonders If Pipeline Approval Passed CWA Muster

    The Third Circuit on Wednesday pressed New Jersey's environmental regulator to show that the revived Northeast Supply Enhancement pipeline plan complied with the Clean Water Act, considering it lacked details about how state water quality standards would be monitored.

  • July 08, 2026

    Split 3rd Circ. Revives UPMC Doc's Suit Over Anti-DEI Article

    The Third Circuit partly revived a University of Pittsburgh Medical Center cardiologist's lawsuit over the professional backlash he faced for publishing an article criticizing race-based "affirmative action" in choosing medical students, with the court majority calling his bosses' reaction a defamatory "hit job."

  • July 08, 2026

    Del. Judge Recuses Herself From Apollo $570M Payout Suit

    The Delaware vice chancellor presiding over litigation regarding a $570 million payout to Apollo Global Management Inc. insiders has disqualified herself from the case after a possible conflict of interest arose due to her former role as an attorney with Skadden Arps Slate Meagher & Flom LLP, which was involved in a merger with ties to the payout.

  • July 08, 2026

    Handa, Intas Face Patent Suits Over Exelixis Cancer Drug

    Handa Pharmaceuticals and Intas Pharmaceuticals are wrongly trying to bring to market drugs that would compete with Exelixis Inc.'s blockbuster cancer pill Cabometyx before patents on the medication expire, according to a new lawsuit in Delaware federal court.

  • July 08, 2026

    Block To Pay $45M To End State Claims Over Cash App Fraud

    A coalition of 46 states announced Wednesday that Cash App parent company Block Inc. will pay $45 million in a multistate settlement to resolve claims it misled users on the safety of its payment app and failed to protect them from fraud.

  • July 08, 2026

    Biggest Rulings For Patent Attys In 2026: A Midyear Report

    The U.S. Supreme Court clarified the pleading standard for induced infringement of skinny labels, and the Federal Circuit opened the door to increased damages for patent owners. Here's what you need to know about these patent cases and other major decisions from the beginning of 2026.

  • July 07, 2026

    Webuild Wants Justices' Input In Row Over In-State Property

    Webuild has pressed the Third Circuit to delay sending a case over a $140 million arbitral award against the Italian construction giant back to lower court as it seeks U.S. Supreme Court review of a circuit decision reviving a Chilean company's bid to enforce the award.

  • July 07, 2026

    Trump Depo Needed In Fla. Merger Suit, Ex-SPAC CEO Says

    The former CEO of a special purpose acquisition company that helped take Truth Social public urged a Florida judge Tuesday to allow President Donald Trump's deposition, arguing it's necessary to defend against a claim that he was targeted in a conspiracy to sign a merger agreement without his knowledge. 

  • July 07, 2026

    Del. Chancery Dismisses World Energy's Air Products Suit

    The Delaware Chancery Court dismissed a lawsuit by World Energy LLC seeking to force Air Products and Chemicals Inc. to resume work on a stalled $2 billion sustainable aviation fuel project, ruling that World Energy repeatedly failed to meet its own payment obligations and therefore could not compel Air Products to continue performing under the parties' agreements.

Expert Analysis

  • 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.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

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