Delaware

  • October 08, 2026

    Feds Say End Of Chevron Deference Justifies ESA 'Harm' Rule

    The U.S. Fish and Wildlife Service and National Marine Fisheries Service told California and South Carolina federal judges that the Trump administration's redefinition of "harm" under the Endangered Species Act was permissible after the overturning of Chevron deference.

  • October 08, 2026

    Zoox Investors, Directors Clash Over Amazon Deal Class

    The Delaware Chancery Court on Thursday took under advisement a bid to certify a class of former Zoox Inc. common stockholders challenging Amazon.com Inc.'s $1.3 billion acquisition of the autonomous vehicle company, after hearing arguments over whether releases signed by most proposed class members prevent the case from proceeding on a classwide basis.

  • October 08, 2026

    Lawmakers Push For Protections In $10M Spirit Data Sale

    More than 120 mostly Democratic lawmakers raised concerns Thursday about the proposed $10 million sale of Spirit Airlines' internal data to Google for artificial intelligence training, saying the sale would involve an "extraordinary volume" of internal records containing individuals' sensitive information.

  • October 08, 2026

    Boston Scientific Brings Heart Puncture Patent Suit

    Boston Scientific has sued Johnson & Johnson-owned medical device company Atraverse Medical Inc., claiming it infringed a patent covering a method of puncturing heart tissue.

  • October 08, 2026

    Disney, ESPN Sued Over Streaming Patents By Korean Group

    A South Korean government research institution and three universities have sued Disney, Hulu and ESPN in Delaware federal court claiming part of their ways of providing videos infringes a series of streaming patents.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    'Chicken Soup' Parent Owes $25M Judgment, Investor Says

    The entity that manages self-help book publisher Chicken Soup for the Soul Holdings LLC should be ordered to pay $25 million after a sale of most of an affiliate's assets never materialized, according to an investor seeking to recover some of its alleged $50 million in losses.

  • October 08, 2026

    Humana Brass Face Derivative Suit Alleging Illegal Kickbacks

    A Humana Inc. shareholder is suing 12 current and former company leaders in Delaware Chancery Court, alleging they allowed the health insurer to pay more than $100 million in illegal broker kickbacks, to conceal worsening medical costs and Medicare Advantage plan quality, and to waste more than $1.5 billion buying back company stock at inflated prices.

  • October 07, 2026

    Ex-Deloitte Duo Can't Shake Feds' Trade Secrets Claims

    A West Virginia federal judge on Wednesday refused to throw out criminal charges against a pair of former Deloitte employees accused of stealing the company's trade secrets, finding that the issues raised by the workers must be addressed by a jury.

  • October 07, 2026

    States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

    A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

  • October 07, 2026

    ATG Hid Alliance In Chancery Proxy Fight, Del. Justices Told

    Empery Digital Inc. directors urged the Delaware Supreme Court on Wednesday to reverse a ruling requiring activist investor ATG Capital Opportunities Fund LP's board nominees to stand for election, arguing ATG failed to disclose an alleged voting arrangement with another stockholder, while ATG maintained the company is trying to impose disclosure requirements its bylaws do not contain.

  • October 07, 2026

    UWM Investor Sues To Halt $400M Stock Offering

    A proposed class of UWM Holdings Corp. stockholders urged a Delaware state court to stop the company from going forward with a $400 million stock offering, alleging that the residential mortgage lender's board of directors is offering the stock without sufficient disclosures.

  • October 07, 2026

    Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

    The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.

  • October 07, 2026

    3rd Circ. Upends Sandoz's $61.6M Award Against UTC

    A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.

  • October 07, 2026

    States Say DHS Is Tying Grants To Immigration Agenda, Again

    A coalition of 20 states and the District of Columbia told a Rhode Island federal court Wednesday that the Trump administration is still unlawfully tying certain grant funding to their assistance with immigration enforcement efforts, in violation of the court's permanent injunction rulings.

  • October 07, 2026

    Scheduling 'Cascade' Hangs Over Amazon's FTC, Calif. Trials

    Amazon.com sparred with the Federal Trade Commission in a Washington federal court filing over whether to stick to a late March trial kickoff, or whether the multiple trials against the company in 2027 must be pushed back because a California state judge has called a January start unrealistic.

  • October 07, 2026

    Akerman Names Office Leaders In Delaware, Colorado, Florida

    Akerman LLP has named a litigation partner and a pair of tax partners to lead their respective offices in Wilmington, Delaware; Denver; and Jacksonville, Florida.

  • October 07, 2026

    Immunomedics Founder Says Deal Triggered $365M Pay Claim

    The founder of Immunomedics urged Delaware's highest court Wednesday to reinstate his roughly $365 million compensation claim against the biotechnology company, alleging Gilead Sciences Inc. became an "affiliate" when it bought Immunomedics for $21 billion and that his employment agreement therefore reaches Gilead's revenues.

  • October 06, 2026

    3rd Circ. Backs Hybrid Test For Categorizing Sex Offenders

    The Third Circuit on Tuesday joined its sister circuits and adopted a "hybrid" framework to determine a sex offender's appropriate category under a federal registry law by looking at the text of state laws used to charge an offender, and weighing facts from the case.

  • October 06, 2026

    CaaStle Approved For $3.5M Settlement With Ex-Leadership

    The Chapter 7 trustee of fashion industry software company CaaStle Inc. received approval Tuesday from a Delaware bankruptcy judge for a $3.5 million settlement of his lawsuit against former directors and officers of the company he accused of fraud and breaches of fiduciary duty.

  • October 06, 2026

    Hertz Brass Sued Over EV Write-Downs, Stock Buybacks

    A Hertz Global Holdings Inc. stockholder has sued former CEO Stephen M. Scherr and a group of current and former officers and directors in Delaware Chancery Court, accusing them of concealing weak demand for electric-vehicle rentals while pursuing an EV strategy that allegedly left the rental-car company with hundreds of millions of dollars in losses.

  • October 06, 2026

    Groq Investors Sue Over Nvidia's $20B 'Reverse Acqui-Hire'

    Two former Groq Inc. stockholders have sued the artificial intelligence chip company's directors and a former officer, alleging in a Delaware Chancery Court complaint that they improperly handed Groq's technology and engineering workforce to Nvidia Corp. through a roughly $20 billion reverse acqui-hire without a stockholder vote or a process aimed at getting the best price.

  • October 06, 2026

    3rd Circ. Judge Faces Ethics Complaint For Managing PR Firm

    A pair of U.S. senators from Delaware have filed an ethics complaint with the Third Circuit raising concerns over U.S. Circuit Judge Jennifer Mascott's purported operation of a public affairs agency, months after she was officially confirmed to the appellate court.

  • October 06, 2026

    Ex-FBI Analyst Says Bove Ordered Illegal Protester Probe

    A former FBI agent has come forward with a claim that when U.S. Circuit Judge Emil Bove was at the U.S. Department of Justice, he directed the Los Angeles field office to illegally investigate protesters.

  • October 05, 2026

    Masimo's $634M Apple IP Win Boosted By $184M In Interest

    A California federal judge on Monday ordered Apple Inc. to pay Masimo Corp. $184 million in prejudgment interest on top of a $634 million damages award for infringing a Masimo pulse oximetry patent through an Apple Watch feature, rejecting Apple's contention that such interest was not warranted.

Expert Analysis

  • 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.

  • What B. Riley Dismissal Teaches About Governance Litigation

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    The same facts in litigation against B. Riley Financial produced three different outcomes in three courthouses, but the Court of Chancery's decision in Marchner v. B. Riley is the cleanest demonstration in years of why boards facing a government investigation often prepare for the wrong lawsuit, says Ashwin Ram at Buchalter.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

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