Delaware

  • August 31, 2026

    3rd Circ. Says History Backs NJ Telehealth License Rule

    The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

  • August 31, 2026

    Defamation Litigation Roundup: NYT, J&J, Azerbaijan

    In this month's review of defamation fights, Law360 details a jury verdict against The New York Times in a suit involving its reporting on a shooting in Alabama, and highlights a judge's decision to spare researchers from a suit by a Johnson & Johnson subsidiary over their talc research.

  • August 31, 2026

    Judge Trims Claims In Insurance Software Trade Secret Case

    A federal judge in Chicago on Monday issued a mixed ruling in a case brought by a company that makes insurance agency management software against a rival that it claims created a fake insurance company to steal trade secrets, dismissing some claims but preserving others for trade secret misappropriation and violations of the Computer Fraud and Abuse Act.

  • August 31, 2026

    Fed. Circ. Upholds Block On MSN Cancer Drug In Exelixis Win

    The Federal Circuit on Monday rejected MSN Laboratories' argument that three Exelixis patents on the blockbuster cancer drug Cabometyx are invalid, while dismissing as moot an appeal on a fourth patent, a ruling Exelixis said will block MSN's generic version until 2030.

  • August 31, 2026

    States Ask Fed. Circ. To Revive Their Temporary Tariff Claims

    Two dozen states pushed the Federal Circuit on Monday to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade's ruling that the tariffs were illegal.

  • August 31, 2026

    3rd Circ. OKs Ex-Biofuel Execs' Fraud Subsidy Convictions

    The Third Circuit upheld two former biofuels executives' fraud convictions tied to IRS and EPA fuel subsidies, denying them a retrial based on claims that a Pennsylvania lower court improperly refused to provide jurors more information on the agencies' regulations.

  • August 31, 2026

    NFL Legend Emmitt Smith, Partners Sued Over Solar Venture

    A Native American economic development entity Monday sued former NFL star running back Emmitt Smith and several business partners in the Delaware Chancery Court, accusing them of diverting a $2.5 million loan meant for a Texas solar project and leaving the joint venture unable to repay the money.

  • August 31, 2026

    Nuvo's $9.75M D&O Deal Ends US-Israel Bankruptcy Clash

    Bankrupt pregnancy-technology firm Nuvo Group and an Israeli court-appointed trustee tasked with liquidating it reached an agreement that resolves their cross-border disputes by using a $9.75 million settlement payment from insurers of former executives.

  • August 31, 2026

    3rd Circ. Frees Ford From Suit Over Unidentified Airbag Defect

    The Third Circuit on Monday sided with Ford Motor Co. in a suit by a Virgin Islands woman who alleges that she was injured when her airbag spontaneously went off, causing her to crash, finding that she can't rely on the accident as her sole evidence of a defect.

  • August 31, 2026

    Feds Say New USPS Mail-In Ballot Rule Isn't A 'Takeover'

    A new U.S. Postal Service rule compelling states to submit voters' names to the federal government and redesign envelopes in order to have mail-in ballots delivered in November imposes "modest" requirements and is not a "federal takeover of elections," the Trump administration told a Massachusetts federal judge in a weekend filing.

  • August 31, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week saw disputes over a $200 million federal grant, a $1.7 billion software take-private deal, the ouster of Better.com founder Vishal Garg and a proposed $4 million settlement stemming from an electric vehicle company's SPAC merger.

  • August 31, 2026

    Loss Of Key Deal Sends Defense Contractor Noble Into Ch. 11

    Boston-based defense contractor Noble Supply & Logistics filed for Chapter 11 in Delaware with $542 million in debt after a quick expansion and the loss of major government contracts left it with limited liquidity.

  • August 28, 2026

    Walmart Pays $50M To End DOJ's Suit Over Opioid Crisis

    Walmart has agreed to pay $50 million to settle the U.S. Department of Justice's nearly 6-year-old lawsuit in Delaware federal court alleging the big-box retailer helped spur the nationwide opioid crisis by unlawfully dispensing controlled drugs from its pharmacies, the department announced Friday.

  • August 28, 2026

    Insurance Tech SPAC Investor Wins Fight To Resell 5M Shares

    The Delaware Chancery Court has handed asset manager Meteora Capital Partners LP a summary judgment win in its contract fight with auto insurance technology company Roadzen Inc., finding Roadzen breached a 2023 stock subscription agreement by failing to register shares and later failing to remove restrictions that kept Meteora from reselling them.

  • August 28, 2026

    Insurer Can't Deny Benefits Over Age Error, Del. Judge Rules

    A life insurer breached its duty by refusing to pay out death benefits under two $5 million policies to a wealth and investment management provider based on uncertainty over the insured's age, a Delaware federal court ruled Friday.

  • August 28, 2026

    AI-Bolstered Drug Co. Hits Ch. 11 With $105M Debt

    A company that uses artificial intelligence to explore new uses for existing drugs entered bankruptcy in Delaware with over $104 million in debt and a stalking horse bidder.

  • August 28, 2026

    Ex-Better CEO Sues Over Ouster, Shareholder Rights

    The recently ousted CEO of mortgage and real estate company Better.com has sued the company and several directors in Delaware's Chancery Court seeking to invalidate a shareholder plan he claims interferes with stockholder voting rights.

  • August 28, 2026

    Uber Cars Not Enough To Establish Venue, Judge Says

    A Texas federal magistrate judge has recommended tossing patent infringement claims against Uber Technologies Inc., saying ride-hailing drivers' homes and cars being based in the district was not enough to establish jurisdiction over the company.

  • August 28, 2026

    Parse Owes $4.9M In Cell Analysis Patent Case, Jury Finds

    A Delaware federal jury put Parse Biosciences Inc. on the hook for $4.9 million after finding Friday that the biotechnology company infringed a trio of Roche Sequencing Solutions Inc. patents covering a way of detecting target molecules in cell samples.

  • August 28, 2026

    3rd Circ. Rejects Trump Admin's No-Bond Policy

    The Third Circuit has added to the circuit split over the Trump administration's detention without bond of unauthorized noncitizens apprehended inside the U.S., finding the policy runs afoul of the Immigration and Nationality Act and violates their due process rights.

  • August 28, 2026

    Judge Says BlackRock Stake Doesn't Warrant IP Case Recusal

    A federal judge overseeing several Delaware patent lawsuits brought by Monolithic Power Systems Inc. has decided that he will not step aside despite owning stock in BlackRock Inc., which recently disclosed an ownership stake of more than 10% in Monolithic.

  • August 27, 2026

    Mass. Judge Halts USPS Mail Ballot Rule Before Midterms

    A Massachusetts federal judge late Thursday temporarily blocked the U.S. Postal Service from implementing a new rule allowing it to deny delivery of mail-in ballots from voters whose names are not on citizenship lists the Trump administration is compiling ahead of November's midterms.

  • August 27, 2026

    States' Suit Says HHS Terms Threaten Family Planning Dollars

    Twenty-three states launched a lawsuit in Maryland federal court Thursday challenging the U.S. Department of Health and Human Services' new conditions on federal funding for family planning services that they say would require recipients end support for "gender ideology," abandon diversity programming and drive patients toward parenthood and marriage.

  • August 27, 2026

    Google Beats Cert. Bid Over User Tracking In Safari Browser

    A Delaware federal court denied class certification Thursday in a long-running litigation over allegations that Google bypassed privacy settings on Apple's Safari browser to track users without consent, saying the plaintiffs failed to show that the encryption keys Google destroyed would have provided a reliable way of identifying class members.

  • August 27, 2026

    Quectel Owes $3M For Infringing Philips Patent, Jury Says

    A Delaware federal jury awarded $3 million in damages Thursday and found Quectel Wireless Solutions had willfully infringed a telecommunications patent held by Dutch consumer electronics giant Philips.

Expert Analysis

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Del. Ruling Clarifies Public Benefit Corp. Fiduciary Duties

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    In Drakes Landing v. Tilden Park, the Delaware Court of Chancery recently provided landmark guidance for directors of Delaware public benefit corporations on the fiduciary duties they owe, highlighting that change-of-control transactions may now be protected from challenge under the state's 2025 safe harbor amendments, say attorneys at Richards Layton.

  • Del. Boeing Ruling Shows How Compliance Defeats Caremark

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    The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

  • New Fortress Ch. 15 Adds Fuel To English Restructuring Trend

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    After New Fortress Energy recently became the third Nasdaq-listed company to successfully undertake an English restructuring plan and gain Chapter 15 recognition, U.S. debtors should not overlook this most recent of English exports as a highly effective tool for resolving balance sheet issues, say attorneys at Faegre Drinker.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NC Dental Review Change Counters Tougher National Trend

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    North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

  • How To Structure Protective Order AI Provisions In IP Disputes

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    A survey of protective orders in recent intellectual property litigation reveals best practices for drafting provisions on artificial intelligence use that maximize IP protection while balancing enforceability with efficient discovery, say Matthew Stephens and Bryce Tabbut at MoFo.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • 5 Lessons For VC Investors From Del. IPO Ruling

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    The Delaware Court of Chancery's recent dismissal of Rostov v. Alcon Research, a derivative action over a proposed initial public offering, provides multiple practice pointers for venture capital investors, including the importance of precisely worded corporate documents and pleading a coherent theory of corporate harm, says Ben Dubin at VC Expert Services.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

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    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

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