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

  • Model Jury Instructions Provide Next Step In Aligning DTSA

    Author Photo

    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Startup Founder Disputes Increasingly Turn On Governance

    Author Photo

    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

    Author Photo

    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

    Author Photo

    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

    Author Photo

    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

    Author Photo

    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Where The Preemption Fight Over Prediction Markets Stands

    Author Photo

    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

    Author Photo

    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

    Author Photo

    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

    Author Photo

    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

    Author Photo

    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

    Author Photo

    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • Surveying The CFTC Campaign To Control Prediction Markets

    Author Photo

    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Safeguarding RWI Coverage As Materiality Focus Persists

    Author Photo

    As first-quarter broker claims reports reveal that materiality disputes remain a key driver of representations and warranties insurance claims, the scarce case law in this area indicates that including a materiality scrape provision in an RWI policy may aid policyholders with recovery, say attorneys at Reed Smith.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

    Author Photo

    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.