Delaware

  • August 06, 2026

    Suit Against Ex-Lumio Execs Will Stay In Delaware

    A Delaware bankruptcy judge Thursday denied a request by former executives of solar panel provider Lumio Holdings to transfer a suit against them by the company's liquidating trustee to a Utah court.

  • August 06, 2026

    2025 Patent Litigation: A Year In Review

    The number of patent infringement lawsuits soared in 2025 as patent owners saw their fortunes change at the Patent Trial and Appeal Board, where petitioners filed significantly fewer America Invents Act challenges. Meanwhile, most patent infringement suits were brought in the Eastern District of Texas, which had considerably more filings than the Western District.

  • August 05, 2026

    3rd Circ. Backs Arbitrators' Change To Investment Fee Award

    The Third Circuit has upheld a doctrine under which arbitrators are barred from revisiting their prior decisions, in a dispute over the distribution of certain fees that resulted in a revised award expanding an asset manager's liability from $300,000 to nearly $7 million.

  • August 05, 2026

    Chancery Sets Hybrid Interest Formula In Alexion Merger Fight

    The Delaware Chancery Court has adopted a hybrid method for calculating prejudgment interest in the long-running merger dispute between Shareholder Representative Services LLC and Alexion Pharmaceuticals Inc., rejecting both sides' competing approaches.

  • August 05, 2026

    JBS To Pay $31M In Pilgrim's Pride Investors' Control Suit

    Brazil-based meat giant JBS SA agreed to pay $31 million to shareholders of its subsidiary Pilgrim's Pride Corp. to settle a suit accusing JBS, its affiliates and its Pilgrim's board appointees of unfairly increasing JBS' clout and access to dividends and tax benefits at the expense of minority shareholders of Pilgrim's.

  • August 05, 2026

    Bath Product-Maker Vi-Jon Gets Interim Cash Use OK In Ch.11

    A Delaware bankruptcy judge on Wednesday granted private-label dry bath product-maker Vi-Jon LLC a range of first-day motions, including a cash management request, allowing the company to continue operating during its Chapter 11 case.

  • August 05, 2026

    Investors Say Transportation Biz HGIM Ignored Books Demand

    Three investment funds affiliated with Black Diamond Capital Management have sued HGIM Corp. in Delaware's Court of Chancery, accusing the marine transportation company of stonewalling their request to inspect corporate records tied to CEO Shane J. Guidry's push for majority control of the company.

  • August 04, 2026

    New Patent Suits Surge As PTAB Challenges Get Tougher

    More patent suits were filed in 2025 than in any year in the past decade, according to a new report, an increase attorneys said is likely tied to new U.S. Patent and Trademark Office policies that have made it harder to challenge patents.

  • August 04, 2026

    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law and Ramey LLP have maintained their roles as top patent suit filers, while Fish & Richardson PC and Gillam & Smith LP have remained leaders on defense teams, according to Lex Machina's annual patent litigation report.

  • August 04, 2026

    States Warn SEC Against 'Unlawful' Climate Rule Withdrawal

    A coalition of Democratic attorneys general are warning the U.S. Securities and Exchange Commission that its plan to discard a corporate climate disclosure regulation is "unlawful," adding their voices to a chorus of state and local pension funds urging the agency to abandon the planned regulatory withdrawal.

  • August 04, 2026

    3rd Circ. Won't Give Ex-Olympus Exec Another Go At FCA Suit

    The Third Circuit has declined to revive a whistleblower suit by Olympus Corp.'s former employee who claimed he was fired after reporting FDA regulatory violations, ruling Tuesday that he failed to state a retaliation claim under the False Claims Act since he didn't link his concerns to a reasonable belief that Olympus defrauded the government.

  • August 04, 2026

    WWE Says It Will Pay $105M Toward Merger Suit Settlement

    World Wrestling Entertainment expects to contribute $105 million toward a proposed settlement of Delaware shareholder litigation challenging its 2023 merger with UFC parent Endeavor, with most of that amount covered by insurance, according to a quarterly filing by parent company TKO Group Holdings Inc. filed Monday.

  • August 04, 2026

    Construction Co. Insurers Denied NYU Settlement Clawback

    A construction company's insurers cannot recoup $50 million they paid to resolve a lawsuit from New York University over project damage, the Delaware Superior Court has ruled, finding New York law would not allow insurers to recover payments made under a reservation of rights when the policy didn't expressly allow it.

  • August 04, 2026

    States Sue Trump Admin Over Aid Recipients' Data Disclosure

    New York, Illinois and 20 other states sued the Trump administration Monday to block a new policy that would authorize the disclosure of sensitive personal information, including Social Security numbers and immigration status, of their residents receiving temporary financial assistance.

  • August 04, 2026

    Ex-Dolphin Co. CEO Loses Bid To Derail Ch. 11 In Del.

    A Delaware bankruptcy judge rejected a motion to dismiss the Chapter 11 case of an affiliate of dolphin park owner Leisure Investments, finding that the former CEO was wrong to argue that a Mexican court had restored his authority.

  • August 04, 2026

    35 AGs Urge Congress Not To Delay Hemp Ban Rollout

    A bipartisan coalition of state attorneys general is urging Congress not to approve language in a pending continuing resolution that would delay the implementation of a ban on virtually all intoxicating hemp products for one month.

  • August 04, 2026

    Senate Reenacts Small Business, Consumer Debt Limit Hikes

    The U.S. Senate passed the Bankruptcy Threshold Adjustment Act of 2026 by unanimous consent, taking steps to make permanent the higher debt limits that apply to small business and consumer debtors first implemented during the early days of the COVID-19 pandemic.

  • August 04, 2026

    ABA Seeks Bar Exam Reform Following Tech Failures

    Over the course of its two-day annual meeting, the American Bar Association's policymaking body, the House of Delegates, approved measures to urge further bar exam oversight and backed measures to support law schools at accredited historically Black colleges and universities.

  • August 04, 2026

    Del. Chancery Partly Revives HKA's Employment Contract Suit

    The Delaware Chancery Court on Monday let HKA Global LLC revive parts of its suit against three former partners and Accuracy US LLC, allowing several new claims while refusing to reinstate contract theories the court had already rejected after voiding key restrictive covenants.

  • August 04, 2026

    ABA Gives Symbolic Support For Law School DEI Standards

    In a split vote, American Bar Association House of Delegates members on Tuesday elected to uphold a rule requiring law schools to demonstrate DEI standards, but then followed up with a vote allowing another path to removing the standards, in an effort to avoid the Trump administration's threat to strip the ABA of accreditation authority.

  • August 03, 2026

    AT&T Can't Cut Claims From Cellular Partnership Suit

    The Delaware Chancery Court has refused to toss two new claims from companies suing AT&T over rural Oklahoma cellular partnerships, saying the telecom titan "appears to have drafted an ambiguous contract and must now live with the results."

  • August 03, 2026

    21 States Again Fight ACA Changes That Could Increase Costs

    A coalition of 21 states sued the U.S. Department of Health and Human Services and Centers for Medicare and Medicaid Services in California federal court Friday, challenging an Affordable Care Act rule that shifts costs onto enrollees while reimposing certain provisions that a Maryland federal court vacated for being unlawful and arbitrary.

  • August 03, 2026

    25 States Sue Trump Over 3rd Round Of Global Tariffs

    California, Arizona and 23 other states sued the Trump administration in the U.S. Court of International Trade on Monday claiming the president is trying for a third time to impose illegal tariffs against nearly all the country's trading partners, this time under the cover of federal law meant to combat forced labor.

  • August 03, 2026

    Monthly Merger Review Snapshot

    A group of state enforcers challenged Paramount's planned $110 billion acquisition of Warner Bros. Discovery, as a separate group of states and DirecTV accused Nexstar of violating an order preventing it from integrating with Tegna and the Federal Trade Commission faced a bench trial seeking to block a constructive adhesive deal.

  • August 03, 2026

    Sandoz Settles States' Generics Price-Fixing Cases For $450M

    Sandoz reached a settlement with a coalition of state enforcers on Monday, agreeing to pay $450 million to end claims against it in several cases targeting alleged price-fixing in the generic-drug industry.

Expert Analysis

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Del. Ruling Cautions Against Expanding Expert Authority

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    The Delaware Chancery Court's determination that an accountant acted as an expert rather than an arbitrator in the Driven Intermediate Holdings post-closing purchase price adjustment lawsuit helped lead to a dismissal, and demonstrated not only how such a determination can factor into a dispute's resolution, but also whether a court has jurisdiction to hear it, say attorneys at Reed Smith.

  • Ch. 15 Ruling Is A Restructuring Blueprint For Cannabis Cos.

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    The recent Cannabist Chapter 15 recognition order is arguably the most significant cannabis bankruptcy development in U.S. history, providing a concrete and tested road map by which such companies with foreign parent structures can access the protective machinery of U.S. bankruptcy law, say attorneys at Saul Ewing.

  • 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.

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