Delaware

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

  • July 01, 2026

    3rd Circ. Nixes Life Term In Fatal Drug Sale Case

    The Third Circuit vacated a life sentence issued to a man convicted of selling drugs that ultimately killed the buyer, ruling Wednesday that while his conviction was valid, the lower court improperly considered prior state law drug convictions in fashioning the sentence.

  • July 01, 2026

    Del. Chancery Revives Ex-Partner's Fiduciary Claims

    A former Saffron Hill venture capital partner can pursue claims that the firm's founders and general partner breached fiduciary duties by restructuring the business to strip him of the value of his carried interest, even as the Delaware Chancery Court dismissed his contract-based claims challenging the same conduct.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Cannabis Investors Want Arbitration Award Fast-Tracked

    A group of cannabis investment funds has asked the Delaware Chancery Court to fast-track their bid to confirm a favorable arbitration award and immediately prevent entrepreneur John David Engel and several of his affiliated entities from taking actions that could undermine the award while confirmation proceedings are pending.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    Investor Sues In Chancery Over Alleged Sham Freeze-Out

    A minority investor in a medical technology company has sued its controlling stockholder in Delaware Chancery Court, accusing him of engineering a sham freeze-out merger that eliminated minority investors for pennies while diverting valuable intellectual property into companies he controlled.

  • June 30, 2026

    Vice Chancellor Zurn Confirmed For Del.'s Supreme Court

    Delaware Vice Chancellor Morgan T. Zurn was confirmed Tuesday by the state's Senate to serve a 12-year term on Delaware's highest court, filling a seat that will be vacated by Justice Karen L. Valihura in July.

  • June 30, 2026

    Justices Strike Down Trump's Birthright Citizenship Order

    The U.S. Supreme Court on Tuesday thwarted President Donald Trump's attempt to limit birthright citizenship to babies born to parents with permanent ties to the United States, finding the 14th Amendment cannot be read that narrowly — a decision dissenting justices fear will jeopardize the country's future.

  • June 29, 2026

    26 States Sue To Nix Medicaid Work Rule For Medically Frail

    More than two dozen states sued the Trump administration Monday in Massachusetts federal court in a bid to strike down new Medicaid work requirements for certain enrollees, saying the administration did not consider the consequences the requirements would have on vulnerable Medicaid enrollees.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Harvey Gulf CEO Sued In Chancery Over Alleged Control Grab

    Black Diamond-affiliated investment funds sued Harvey Gulf International Marine Inc.'s chief executive and other major stockholders in the Delaware Chancery Court, alleging they improperly orchestrated a stock transfer that gave CEO Shane J. Guidry majority control of the offshore vessel company.

  • June 29, 2026

    ITC To Probe Bobcat Imports After Caterpillar Complaint

    The U.S. International Trade Commission has opened an investigation into whether construction equipment maker Doosan Bobcat imported certain heavy machinery that infringed rival Caterpillar Inc.'s patents.

  • June 29, 2026

    Yellow Corp. Dodges WARN Act Liability Over 2023 Layoffs

    Yellow Corp. suffered a major loss in its bankruptcy proceedings Monday when the U.S. Supreme Court preserved a finding that it owes billions in retirement payments, but the defunct trucking company notched a small win in Delaware federal court by skirting liability for a WARN Act violation.

  • June 29, 2026

    3rd Circ. Won't Hear Appeal In Fatal Osprey Crash Suit

    The Third Circuit on Monday denied a petition from the families of eight U.S. service members killed in a V-22 Osprey crash in November 2023 who sought to appeal the dismissal of their state court claims against The Boeing Co., Bell Textron Inc. and Universal Stainless & Alloy Products Inc. over the crash.

  • June 29, 2026

    Asthma Drug Developer To Wind Down In Chancery Court

    A subsidiary of Rock Creek Advisors LLC created to administer the liquidation of an asthma drug developer to pay creditors notified Delaware's chancery court that the company turned to a wind-down after clinical trials came to a halt.

  • June 29, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

  • June 29, 2026

    Justices Toss 3rd Circ. Pot Gun Ruling, Leave 5th Circ. Intact

    The U.S. Supreme Court on Monday disposed of two cases questioning whether a federal law barring users of marijuana from lawful gun ownership runs afoul of the Second Amendment, following the justices' recent ruling on a similar matter.

  • June 29, 2026

    Justices Won't Review Yellow Corp. Ch. 11 Pension Liabilities

    The U.S. Supreme Court on Monday rejected defunct trucking giant Yellow Corp.'s appeal of a bankruptcy court decision that it owes billions of dollars in retirement fund withdrawal liability, despite a pandemic-era pension fund stimulus package.

  • June 26, 2026

    PACER Fees Will Rise To Fund Cyber Defense Upgrades

    The federal judiciary announced Friday it will temporarily increase the fees for electronic access to court records to pay for a potential $800 million upgrade that will modernize and strengthen court records systems PACER and CM/ECF, an upgrade it previously said is needed to respond to escalating cyberattacks.

  • June 26, 2026

    Pistons Owner's PE Firm Sued Over $1B Margin Loan

    A Delaware pension fund has filed a derivative suit in the Delaware Chancery Court accusing a private equity firm of exploiting its control over a technology distributor to secure a multibillion-dollar margin loan that allegedly violated the company's own governance policies while exposing the company and its minority stockholders to significant financial risk.

  • June 26, 2026

    PTAB Leaders Undo Ax Of Patent From $253M GoDaddy Case

    Top Patent Trial and Appeal Board judges have overturned a panel's decision invalidating claims in a website patent from a $253 million judgment against GoDaddy, saying that after a jury upheld the patent, there was no reason for the board to reach a different validity outcome.

  • June 26, 2026

    Ingram Micro Investor Sues Over Margin Loan To PE Owner

    An institutional investor has brought a derivative lawsuit in Delaware's Chancery Court accusing California technology company Ingram Micro Holding Corp.'s controlling stockholder of exploiting its power to facilitate a margin loan that put stockholders at risk of major losses and violated the company's trading policy.

  • June 26, 2026

    Beacon Stockholder Challenges Director Removal Rule

    A Beacon Financial Corp. stockholder has filed a proposed class action in Delaware Chancery Court seeking to invalidate a charter provision requiring directors to be removed only for cause, arguing the restriction violates Delaware corporate law because the bank holding company no longer has a classified board.

Expert Analysis

  • 2025 Noncompete Developments That Led To Inflection Point

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    Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave

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    The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.

  • How New SEC Policies Shift Shareholder Proposal Landscape

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.

  • Series

    Knitting Makes Me A Better Lawyer

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    Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.

  • Series

    The Biz Court Digest: Welcome To Miami

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    After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.

  • 1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

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    The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

  • AI Evidence Rule Tweaks Encourage Judicial Guardrails

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    Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

  • Series

    The Law Firm Merger Diaries: Getting The Message Across

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    Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.

  • Opinion

    Horizontal Stare Decisis Should Not Be Casually Discarded

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    Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.

  • How Fed. Circ. Shaped Subject Matter Eligibility In 2025

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    The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.

  • 10 Commandments For Agentic AI Tools In The Legal Industry

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    Though agentic artificial intelligence has demonstrated significant promise for optimizing legal work, it presents numerous risks, so specific ethical obligations should be built into the knowledge base of every agentic AI tool used in the legal industry, says Steven Cordero at Akerman LLP.

  • Series

    Preaching Makes Me A Better Lawyer

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    Becoming a Gospel preacher has enhanced my success as a trial lawyer by teaching me the importance of credibility, relatability, persuasiveness and thorough preparation for my congregants, the same skills needed with judges and juries in the courtroom, says Reginald Harris at Stinson.

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