Delaware

  • June 23, 2026

    FDIC Is Sole Owner Of SVB's $73M Fraud Coverage Claim

    The Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank after its collapse in 2023, is the sole owner of the bank's claim for coverage of a $73 million fraudulent scheme and is entitled to recover proceeds for losses the bank suffered, a North Carolina federal court ruled.

  • June 23, 2026

    States Challenge Arctic Leasing Over Birds, Climate Change

    Fourteen states are backing challenges to the Trump administration's decision to open up oil and gas leasing on the coastal plain of the Arctic National Wildlife Refuge, telling the court that the seismic exploration will harm migratory birds and increase greenhouse gas emissions that already contribute to climate change.

  • June 23, 2026

    Flight Sim Training Co.'s Ch. 11 Liquidation Plan Approved

    Pilot training company Avenger Flight Group LLC received approval Tuesday from a Delaware bankruptcy judge for its Chapter 11 liquidation plan to create a trust to provide recoveries to unsecured creditors.

  • June 23, 2026

    Fed. Circ. Affirms Intel Win In Processor Patent Fight

    The Federal Circuit on Tuesday upheld a summary judgment granted to Intel in an infringement lawsuit brought by licensing entity PACT XPP Schwiz AG over patents covering processing architecture in computers, finding PACT had failed to raise an argument properly that it was relying upon on appeal.

  • June 23, 2026

    Burgerville Investor Sues In Del. Over Board Control Dispute

    A dispute over control of the board governing the Pacific Northwest restaurant chain Burgerville has landed in the Delaware Chancery Court, where an investor claims the company refused to honor its contractual right to remove two managers from the board and then allowed an improperly constituted board to continue exercising authority.

  • June 23, 2026

    3rd Circ. Revives Huckabee Likeness Suit Over Meta CBD Ads

    The Third Circuit partly revived former Arkansas Gov. Mike Huckabee's lawsuit against Meta Platforms Inc. over Facebook ads that falsely claimed his endorsement of CBD products, after a panel said he'd noted enough red flags in the ads that Meta could have been aware that his name and likeness were being misused.

  • June 23, 2026

    Gene Therapy Developer Sangamo Hits Ch. 11 With Sale Plans

    Sangamo Therapeutics Inc. filed for bankruptcy protection in Delaware on Tuesday with offers to sell parts of its genetic therapy development programs to Eli Lilly and Co. and Astellas Pharma Inc.

  • June 22, 2026

    TerraForm Attys Get $23M Fee In Brookfield Settlement

    The Delaware Chancery Court awarded plaintiffs' attorneys more than $23 million in fees and expenses for securing an $83.8 million settlement that resolved long-running shareholder litigation over Brookfield Asset Management's 2020 take-private merger with renewable energy company TerraForm Power Inc.

  • June 22, 2026

    3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

    The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

  • June 22, 2026

    Del. Court Seeks Copyright Office Input In Cerence Suit

    A Delaware federal court has punted on Microsoft's request to dodge artificial intelligence company Cerence Inc.'s copyright infringement suit over text-to-speech technology, saying the Register of Copyrights needs to take a look at the question of copyright validity.

  • June 22, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving executive compensation, take-private transactions, books and records demands, tender offers and alleged insider misconduct.

  • June 22, 2026

    Justices Won't Review Dispute Over Tax Fraud Deadline

    The U.S. Supreme Court declined on Monday to review a woman's challenge against the Internal Revenue Service over the period in which the agency can assess taxes on a taxpayer when a fraudulent third party triggers the liability.

  • June 22, 2026

    Gov't Says It Should Face Vax IP Claims, Not Moderna

    The U.S. Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna, for the drugmaker's development and supply of COVID vaccines during the pandemic.

  • June 18, 2026

    Perplexity AI Limits Research Tool's Functions, Users Claim

    A pair of Perplexity AI users has filed a proposed class action claiming the artificial intelligence company lures customers into fixed-term contracts and then "dramatically" decreases the services those customers can access midway through their subscription terms without notice.

  • June 18, 2026

    FTC, Amazon Must Answer Attorney-Client Privilege Questions

    The Washington federal judge handling the Federal Trade Commission's antitrust case against Amazon asked both parties to provide more information about how he should consider attorney-client privilege when reviewing documents to resolve discovery disputes in the case.

  • June 18, 2026

    3rd Circ. Sides With NJ Transit In Whistleblower's Firing

    A Third Circuit panel on Thursday declined to reinstate a fired New Jersey Transit engineer's retaliation lawsuit, ruling that she hadn't shown that she was fired by anyone who knew about her whistleblower allegations that the agency had unsafe rail practices.

  • June 18, 2026

    Ex-CEO Cites Mexico Ruling For Ch. 11 Dismissal In Delaware

    The former CEO of marine park company Dolphin Co. has asked the Delaware Bankruptcy Court to either dismiss the Chapter 11 case of Leisure Investments Holdings LLC or halt parts of the proceedings, arguing that a Mexican appellate court has reinstated an earlier insolvency case and restored his authority over the company's parent entity.

  • June 18, 2026

    Senate Panel Advances Revised College Sports Reform Bill

    The U.S. Senate Commerce Committee approved a bill to codify federal protections for college sports and for athletes' earning abilities, sending it to the full Senate for a possible vote.

  • June 18, 2026

    3rd Circ. Rules Feds Can Replace Philly Slavery Exhibits

    The Third Circuit on Thursday held that the Trump administration can legally replace slavery exhibits at Independence Hall National Park in Philadelphia, reversing a lower court's ruling in favor of the city ordering the restoration of the previously removed informational panels.

  • June 18, 2026

    Del. Bill Seeks Intermediary Municipal Rental Tax Collection

    Delaware would require accommodations intermediaries to collect short-term rental tax for municipalities under a bill introduced in the state House of Representatives.

  • June 18, 2026

    Delaware US Atty Names NJ Prosecutor As 1st Assistant

    A federal prosecutor from the U.S. attorney's office in New Jersey has been selected by the U.S. attorney for Delaware to serve as the office's second-ranking official.

  • June 18, 2026

    Stockholders Tell Chancery Broadband Buyout Was Lowballed

    A pair of former WideOpenWest Inc. stockholders have sued the cable and broadband provider's controlling shareholder in Delaware Chancery Court, alleging a 2025 take-private deal unfairly shortchanged minority investors and allowed insiders to capture the future value of the company for themselves.

  • June 18, 2026

    FTX Trust Cleared For $600M Disputed Claim Fund Reduction

    The FTX Recovery Trust received approval Thursday from a Delaware bankruptcy court to reduce the funds in a disputed claims reserve by $600 million after the trust processed thousands of claims that were either allowed or modified.

  • June 18, 2026

    Patent Claims On Novartis Unit Drug Invalid, Del. Judge Says

    A Delaware federal judge has cleared radiopharmaceutical companies of allegations they infringed claims in various patents owned by a French unit of Novartis after finding that all of those claims were invalid.

  • June 17, 2026

    Eli Lilly Urges Full Fed. Circ. To Scrap Teva's $177M IP Win

    Eli Lilly & Co. urged the full Federal Circuit Wednesday to review a panel ruling that upheld Teva's $177 million jury verdict on headache drug patents, arguing that the panel's decision runs afoul of the justices' Amgen holding and "opens a truck-sized hole in enablement and written description law."

Expert Analysis

  • 3 New Pay Transparency State Laws Raise Compliance Risks

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    Wage transparency measures taking effect in Delaware, Maine and New Jersey add a layer of complexity to the hiring landscape and highlight the need for employers to develop thorough compliance strategies while navigating the laws' ambiguities, say attorneys at Foley & Lardner.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • 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.

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