Delaware

  • August 25, 2026

    Trucordia, Ex-Producers Fight Over Arbitration Clause

    Counsel for former insurance producers Arthur and Kirk Maberry urged the Delaware Chancery Court on Tuesday to send Trucordia's client-poaching lawsuit to arbitration, arguing that a broad arbitration clause in 2022 retention agreements still governs the dispute despite later employment and equity agreements.

  • August 24, 2026

    EPA, States Defend Cleanup Deal In Talc Co. Whittaker Ch. 11

    The government, joined by California and Montana, is defending a proposed settlement in former talc supplier Whittaker Clark's New Jersey Chapter 11 case, saying a group of personal injury creditors' objection mischaracterized the $16.5 million deal.

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    High Court Lifts Block On Mail-In Ballot Changes

    The Trump administration can proceed with plans to implement some new nationwide mail-in voting regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, but questions remain about the enforceability of proposed U.S. Postal Service restrictions.

  • August 24, 2026

    Battery-Maker Investor Sues Brass Over $200M DOE Grant

    A Microvast Holdings Inc. stockholder has sued the battery-maker's current and former directors and executives in the Delaware Chancery Court, alleging they breached their fiduciary duties by misleading investors about a $200 million federal grant and the progress of a Tennessee manufacturing plant.

  • August 24, 2026

    Judge Orders $245M In Guardant Damages In DNA Patent Suit

    A judge has boosted what Guardant Health Inc. owes in a case in which it was found to have infringed two TwinStrand Biosciences Inc. patents covering methods of lowering the error rate in DNA sequencing, bringing the total to $245 million.

  • August 24, 2026

    ATI Retirees To Appeal Toss Of Pension De-Risking Suit

    Former ATI employees will ask the Third Circuit to reopen a proposed class action alleging the aerospace company put their retirement benefits at risk by converting $1.5 billion in pension obligations to insurance-backed annuities, according to a filing in Pennsylvania federal court.

  • August 24, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw a wave of lawsuits involving corporate oversight, take-private deals, financing transactions, bankruptcy fallout, stockholder voting rights and disputes over control.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    Cytek Hit With $56M Verdict For Infringing Cell-Sorting Patent

    A Delaware federal jury Friday awarded roughly $36 million in damages to biomedical testing manufacturer Beckman Coulter after finding that Cytek Biosciences infringed one of its patents covering a technology that quickly analyzes single cells.

  • August 21, 2026

    Investor Keeps $6.9M Del. Award But Loses Legal Fees

    The Delaware Supreme Court on Friday upheld a roughly $6.9 million damages award to a former investor in a Philadelphia-area EB-5 investment business but overturned nearly $260,000 in attorney fees, finding the investor waited too long to argue that the fees were part of his damages.

  • August 21, 2026

    Astrid Investor Asks Chancery Court To Order Annual Meeting

    A director and major stockholder of Astrid Pharma Corp. has asked the Delaware Chancery Court to force the company to hold its 2026 annual meeting, saying it has gone years without giving stockholders the chance to elect directors.

  • August 21, 2026

    Illinois-Led States Win TRO To Block DOT Bid For CDL Data

    A Virginia federal judge temporarily blocked the Trump administration from obtaining a database containing information on 17 million commercial driver's license holders, ruling in favor of 21 states that allege it unlawfully demanded the records for immigration enforcement.

  • August 24, 2026

    CORRECTED: 3rd Circ. Rules Jury Instruction Didn't Trigger New Trial

    In a precedential ruling Friday, the Third Circuit reversed an order granting a man a new trial on drug charges, ruling that while the trial judge should not have told a deadlocked jury that jurors "have to" come up with a verdict, which eventually resulted in the defendant being found guilty, the instruction wasn't "unduly coercive." 

  • August 21, 2026

    Alliance Entertainment Sued Over Insider Voting Control

    Movie and video game distributor Alliance Entertainment Holding Corp. is facing a proposed class action in Delaware state court filed by an investor alleging that the company shut stockholders out of their voting rights in order to secure more power for its CEO and chairman.

  • August 21, 2026

    Prime Core Customer Can't Duck $70M Clawback Suit

    Cryptocurrency platform Plutus must face a $70 million clawback lawsuit from the litigation trust for Prime Core, the Delaware bankruptcy court has ruled, finding the trust's complaint contained pleadings with sufficient detail that Plutus had received a transfer of crypto worth $63 million and $7 million in cash.

  • August 21, 2026

    Ex-Owners Seek Legal Fees In Del. For $80M Co. Sale Suit

    Five former owners and executives of JTI Electrical & Instrumentation LLC have sued the industrial services firm in the Delaware Chancery Court, urging it to order the company to pay legal fees they have incurred as they fight claims alleging they helped misrepresent the business's finances before its 2021 sale to affiliates of private equity firm Gemspring Capital.

  • August 20, 2026

    Firm Investor Sues In Chancery Over Alleged 'Corporate Coup'

    An investment executive has sued in the Delaware Chancery Court to undo what he calls a "corporate coup d'etat" that allegedly stripped him of his power over an investment company by changing its bylaws without the supermajority vote he says was required.

  • August 20, 2026

    Sangamo Ch. 11 Auction Nets $238M In Offers

    A Delaware bankruptcy judge Thursday agreed to approve a trio of sales that will bring in $52 million in cash for Sangamo Therapeutics, after attorneys representing the life sciences group told the court a competitive Chapter 11 auction ended with four winning bids worth over $238 million.

  • August 20, 2026

    Conscious Content's $3M DIP Boost Faces Creditor Pushback

    A Delaware bankruptcy judge Thursday said he would consider ed-tech company Conscious Content Media's request for $3 million in additional Chapter 11 financing next week, after the creditors committee pushed back against the debtor's expedited schedule and said it needed more time to review the request.

  • August 20, 2026

    Disbarred Atty Can't Keep Alive Suit Against NJ Ethics Officials

    The Third Circuit has refused to revive a disbarred attorney's suit against two New Jersey Office of Attorney Ethics lawyers, finding a district judge who recused herself from the case did not enter any substantive orders after granting the motion to recuse.

  • August 20, 2026

    Wood-Pellet Execs' $650M Bet Blamed For Bankruptcy

    The litigation trustee for wood-pellet producer Enviva Inc.'s Chapter 11 litigation trust has sued five former executives in the Delaware Chancery Court, accusing them of secretly committing the company to more than $650 million in high-priced pellet purchases to boost short-term earnings and their chances of receiving bonuses, ultimately helping drive Enviva into bankruptcy.

Expert Analysis

  • Del. Ruling Shows Power Of Postclose Governance Provisions

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    After the Delaware Court of Chancery reinstated a target company's CEO as part of the equitable remedy in Fortis Advisors v. Krafton, deal parties should emphasize the importance of postclosing governance provisions to earnout economics, knowing that they will have to live with these provisions for the duration of the earnout period, say attorneys at Sidley.

  • 2 Discovery Rulings Break With Heppner On AI Privilege Issue

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    While a New York federal court’s recent ruling in U.S. v. Heppner suggests that some litigants’ communications with AI tools are discoverable, two other recent federal court decisions demonstrate that such interactions generally qualify for work-product protection under the Federal Rules of Civil Procedure, says Joshua Dunn at Brown Rudnick.

  • Series

    Isshin-Ryu Karate Makes Me A Better Lawyer

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    My involvement in martial arts, specifically Isshin-ryu, which has principles rooted in the eight codes of karate, has been one of the most foundational in the development of my personality, and particularly my approach to challenges — including in my practice of law, says Kaitlyn Stone at Barnes & Thornburg.

  • CFTC Actions Show Prediction Market Insider Trading Risks

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    It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

  • Prepping For White House's Proposed AI Framework

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    The artificial intelligence legislative framework issued by the White House last month reframes the policy landscape, creating a number of near-term developments for companies to track as congressional committees attempt to convert the framework into legislative text, say attorneys at Morgan Lewis.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

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