Delaware

  • August 18, 2026

    Franchise Group Trust Seeks $700M Over Take-Private Deal

    The litigation trust created after Franchise Group Inc.'s bankruptcy on Tuesday sued the company's former CEO, advisers and others in the Delaware Chancery Court, accusing them of carrying out a fraudulent take-private deal that caused more than $700 million in damages.

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Capital One Investor Sues Ex-Discover Brass In Chancery

    A Capital One Financial Corp. stockholder has sued former Discover Financial Services directors and executives in the Delaware Chancery Court, accusing them of allowing years of regulatory and compliance failures that caused hundreds of millions of dollars in losses before Capital One acquired the credit card company.

  • August 18, 2026

    3rd Circ. Nixes Prof's Disability Bias Win, Calls For Trial

    The Third Circuit scrapped Tuesday an early win handed to a Kutztown University professor who claimed she faced disability discrimination when her requests to teach remotely to manage an autoimmune condition were denied, ruling the lower court was too quick to resolve the case given the disputes at play.

  • August 18, 2026

    Del. DOJ Says Saul Ewing Bill Ruling Put It In 'Untenable' Spot

    Delaware's Department of Justice wants the state's high court to undo a ruling allowing the ACLU to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying the decision puts "a new burden of proof on agencies" when dealing with public records requests.

  • August 18, 2026

    ​​​​​​​Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving multibillion-dollar mergers, corporate oversight, founder control, SPAC litigation, commercial contracts and attorney fees.

  • August 18, 2026

    NJ Justices Signaled Likely End To Daniel's Law, Experts Say

    First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    JPMorgan Loses State Trade Secret Claims In Data Suit

    JPMorgan Chase Bank cannot pursue state law trade secret claims against a data analytics company over the alleged misuse of credit card data supplied for regulatory purposes, with a Delaware federal judge ruling Monday that the bank still hasn't tied that conduct to Delaware or Ohio.

  • August 17, 2026

    Ch. 11 Dismissal Bid Fans Flames In Power Plant Control Fight

    Omnis Pleasants' parent company formally moved for dismissal of the West Virginia coal plant's Chapter 11 proceeding in Delaware, alleging the case was launched to gain an advantage in pending governance litigation with lenders tied to motivational speaker Tony Robbins.

  • August 17, 2026

    2 Firms To Lead Skechers Investor Suit Over $9.4B 3G Deal

    Saxena White PA and Labaton Keller Sucharow LLP's client will lead a suit in Delaware Chancery Court alleging Skechers' founder and family used their majority voting power to push through the company's $9.4 billion take-private sale to private equity giant 3G Capital.

  • August 17, 2026

    Blue States Say FTC Can't Regulate Trans Youth Health

    A group of left-leaning states, including Massachusetts and California, asked a Texas federal court to toss a Federal Trade Commission suit against the World Professional Association for Transgender Health, saying Monday that the FTC's suit constitutes a "federal attack on state-regulated transgender healthcare."

  • August 17, 2026

    Latest Squires Patent Review Order Grants 1, Denies 3

    U.S. Patent and Trademark Office Director John Squires granted one petition for an America Invents Act patent review and rejected three others in his latest order on institution decisions.

  • August 17, 2026

    Mass. Judge Vacates ACA Gender-Affirming Care Restriction

    A Massachusetts federal judge handed a coalition of 21 states a win on their claim that the U.S. Department of Health and Human Services unlawfully issued Affordable Care Act reforms barring marketplace plans from requiring coverage for medical procedures used in gender-affirming care.

  • August 14, 2026

    AIG Ex-Execs Win Ruling That Parent's FP Loan Was Equity

    American International Group's funding advances to one of its investment units was an equity infusion and not debt, a Delaware bankruptcy judge ruled Friday, handing a win to former executives who say they're owed deferred compensation funds that were depleted during the 2008 financial crisis.

  • August 14, 2026

    Real Estate Recap: NYC Office, Hotel Snapshot, Rising Stars

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest on the New York City office sector, how hotels fared in the second quarter, and two of Law360's Rising Stars.

  • August 14, 2026

    Kentucky Downs Buyers Win $10M Holdback Fight In Del.

    The Delaware Chancery Court has ruled that buyers of the Kentucky Downs horse racing and gaming facility can keep a $10 million holdback from the $185 million deal, finding a Kentucky Supreme Court ruling on the legality of historical horse racing triggered the payment provision.

  • August 14, 2026

    Can Texas, Nevada Replicate Delaware's Corporate Edge?

    Texas and Nevada have spent the past few years rewriting corporate laws and building specialized business courts in an effort to challenge Delaware's long-standing dominance as the preferred home for U.S. companies. While a handful of high-profile corporations have already made the move, corporate law experts say creating another Delaware will require far more than new statutes and judges.

  • August 14, 2026

    Nielsen Loses At Fed. Circ., Fights Verdict In Patent Row

    The Nielsen Co. Friday lost its attempt at the Federal Circuit to revive claims of a patent it accused TVision Insights Inc. of infringing, as it fights a jury verdict clearing TVision of infringing a separate patent.

  • August 14, 2026

    Stratasys Scores $2.7M In Feud Over Origin Acquisition

    Israeli-American 3D printing company Stratasys has won more than $2.7 million in arbitration after fending off a $440 million claim stemming from its acquisition of Origin Laboratories Inc., a developer of 3D printing software, according to documents made public Thursday.

  • August 14, 2026

    R4 Technologies Stockholders Sue For Company Records

    A group of r4 Technologies Inc. shareholders has sued the artificial intelligence company in the Delaware Chancery Court, seeking access to corporate records to investigate potential wrongdoing and determine the value of their holdings.

  • August 14, 2026

    Del. Chancery Refuses To Send $3M Hotel Fight To Fla.

    The Delaware Chancery Court has refused to send a dispute over more than $3 million in hotel investment distributions to Florida, ruling that a nonmanaging investor in a Delaware LLC could not be forced to give up its right to bring this type of dispute in Delaware.

  • August 13, 2026

    Del. Water Supplier Sues 9 Cos. Over PFAS

    A Delaware water supplier hit nine companies with a suit in state court alleging that they released forever chemicals into the watersheds that supply water to tens of thousands of residents, seeking to recoup at least $34.6 million for the cost of ensuring safe drinking water.

  • August 13, 2026

    Webuild Pushes For Pause In Suit Seeking $140M Arbitral Award

    Italian construction giant Webuild on Wednesday urged a Delaware federal court to pause a Chilean construction company's lawsuit aimed at enforcing a $140 million arbitral award as Webuild looks to challenge an "unprecedented" Third Circuit decision reviving the litigation.

  • August 13, 2026

    Boeing Beats Suit Over Board's 737 Max Safety Oversight

    The Boeing Co. won dismissal Thursday of a Delaware Chancery Court derivative suit seeking to hold current and former directors and officers responsible for safety and manufacturing problems that culminated in the January 2024 Alaska Airlines door-plug blowout.

Expert Analysis

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Risk Disclosure Lessons For AI Cos. From Dot-Com Era

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    Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Del. Coinbase Outcome May Have Been Different In Texas

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    The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.

  • Share Repurchases Leave Cos. Susceptible To Litigation

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    Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

  • 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

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    The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

  • Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity

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    The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

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