Delaware

  • October 02, 2026

    AIG Insurers Cleared In Del. To Appeal $50M Clawback Ruling

    A Delaware Superior Court judge on Friday certified for immediate appeal his August ruling blocking two AIG insurers from clawing back $50 million they contributed to settle New York University's Hurricane Sandy lawsuit against Turner Construction, finding the unusual insurance dispute warrants early review by the Delaware Supreme Court.

  • October 02, 2026

    Medivis Gets Some AR Device Patent Claims Cut In Remand

    After the Federal Circuit faulted the Patent Trial and Appeal Board for upholding a Novarad Corp. patent on augmented reality technology for surgeons, the board found on remand that Medivis Inc. had shown that some patent claims are invalid, but not others.

  • October 02, 2026

    AI Co. Reaches Deal To End Copyright Case Against Microsoft

    Artificial intelligence company Cerence Inc. has agreed to a deal to end its copyright lawsuit in Delaware federal court against Microsoft Corp. over text-to-speech technology.

  • October 02, 2026

    Gov't Contractor Owner Guilty Of Hiding Assets In Bankruptcy

    A Delaware federal judge found the owner of a government contracting firm lied on bankruptcy forms to hide assets from creditors but cleared her on a related criminal charge of making false statements under oath.

  • October 02, 2026

    DOJ Sues University Of Del. Over Immigrant In-State Tuition

    The U.S. Department of Justice has alleged in federal court that the University of Delaware has violated immigration law by allowing some students who live in the state without lawful immigration status to qualify for lower in-state tuition at the school while U.S. citizens living outside Delaware must pay the higher nonresident rate.

  • October 02, 2026

    Fed. Circ. Affirms Corteva Unit IP Loss Days After Inari Deal

    The Federal Circuit on Friday refused to revive a patent owned by a unit of a DowDuPont spinoff covering a plant gene resistant to weed killers, agreeing with the Patent Trial and Appeal Board's determination that it wasn't enabled.

  • October 02, 2026

    States Seek OK Of $400M Sandoz Generic Price-Fixing Deal

    A coalition of 43 states and territories is seeking court approval of a $400 million settlement that would resolve allegations Sandoz Inc. and its subsidiary Fougera Pharmaceuticals Inc. participated in a widespread price-fixing and market allocation conspiracy that raised the prices of generic drugs in the U.S.

  • October 02, 2026

    Del. Justices Back Dismissal Of Gemini's Bausch & Lomb Suit

    The Delaware Supreme Court has upheld the dismissal of Gemini Insurance Co.'s request to block Bausch & Lomb Americas Inc. from pursuing an insurance coverage fight in Louisiana, ruling that Gemini waived its argument that the case should have been transferable to Delaware Superior Court.

  • October 02, 2026

    Roberts Wants Less Talk. Supreme Court Attorneys Disagree.

    Near the end of last term, Chief Justice John Roberts voiced his frustration with the U.S. Supreme Court's lengthening oral argument sessions and suggested the justices might tweak their format over the summer. But as the new term begins Monday, the court has yet to announce any changes, and advocates see little need for improvement.

  • October 02, 2026

    Delaware Powerhouse: Morris Nichols

    Morris Nichols Arsht & Tunnell LLP spent the past year counseling special committees through multibillion-dollar transactions, securing a $22.7 million patent verdict and handling major corporate litigation and Chapter 11 cases, continuing the Wilmington firm's work across the practices that have defined it for decades.

  • October 02, 2026

    5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will convene Monday to begin its 2026 October term, which includes several cases that could determine the future of climate change tort litigation, expand religious freedoms and parental rights, and grant states authority to require proof of citizenship when individuals register for presidential elections using state forms. 

  • October 01, 2026

    Bipartisan Legislation Floated To Fight Foreign-Website Piracy

    The two chambers of Congress have introduced related legislation that would allow U.S. courts to direct internet service providers to block foreign criminal and piracy sites within the U.S.

  • October 01, 2026

    Fate Of Patent Awards Over $1B Shows Hurdles In Apple Case

    Taction Technology Inc. has secured the largest patent damages verdict in history with a $5.7 billion win against Apple Inc., but it may face an uphill battle to collect, since nearly every previous patent judgment over $1 billion was later reduced or overturned.

  • October 01, 2026

    Judge 'Flummoxed' By Forum Claim In IQVIA's Poaching Suit

    A North Carolina Business Court judge said Thursday that he was "flummoxed" by clinical research giant IQVIA Holdings Inc.'s argument for not enforcing its own forum selection clause against four top executives who decamped for a competitor.

  • October 01, 2026

    Liquidia's Yutrepia Found To Infringe Lung Treatment Patent

    A Delaware federal judge has ruled that Liquidia was infringing two claims of a patent covering methods of treating pulmonary hypertension associated with interstitial lung disease by seeking approval to market the drug Yutrepia.

  • October 01, 2026

    Northwestern's IP License With Feds Doesn't Protect Moderna

    Moderna Inc. has lost its attempt to escape Northwestern University's patent infringement suit over COVID-19 vaccinations by citing the university's patent licensing agreement with Moderna's customer — the federal government.

  • October 01, 2026

    Ex-Actavis Exec Escapes Some Drug Price-Fixing Claims

    A Connecticut federal judge has dismissed a swath of claims against a former executive of Actavis and Taro in the generic drug price‑fixing litigation brought by state enforcers, holding that evidence was insufficient to prove he joined several alleged single‑drug conspiracies.

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    Ex-SewerAI Shareholder Seeks Del. Appraisal Of $342M Deal

    A former SewerAI Corp. stockholder has asked the Delaware Court of Chancery to determine the fair value of more than 245,000 shares that were cashed out when the sewer technology company was acquired in a deal valuing it at $342 million.

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Janssen Secures Temporary Block Against Arthritis Biosimilar

    A Delaware federal judge has blocked Accord BioPharma from manufacturing a biosimilar version of Janssen's arthritis treatment Simponi while the Johnson & Johnson unit's patent lawsuit plays out.

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Richards Layton Atty Confirmed To Join Del. Chancery Bench

    Delaware's Senate on Thursday confirmed a Richards Layton & Finger PA director to a 12-year term as a vice chancellor on the Chancery Court.

  • October 01, 2026

    Delaware Powerhouse: Richards Layton

    Richards Layton & Finger PA remains one of Delaware's standout firms by continuing to attract top talent, handling a wide variety of corporate, intellectual property and other matters, and playing a role in shaping key corporate law provisions.

Expert Analysis

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • Del. Ruling Emphasizes High Bar To Pleading A Control Group

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    The Delaware Court of Chancery's recent decision in Le Clair v. KnowBe4 illustrates the high burden to which courts hold plaintiffs trying to establish a control group, as well as the continued power of an informed stockholder vote, say attorneys at Sidley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Retailers Must Navigate State Innocent-Seller Law Patchwork

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    States' innocent-seller statutes can shield nonmanufacturing retailers from product liability claims to varying degrees, and by building the evidentiary record strategically throughout discovery, companies can improve their chances of obtaining summary judgment — but it is essential to stay abreast of the rapidly evolving policy environment, say attorneys at Chamberlain Hrdlicka.

  • Voyager Ruling Maps Out Ch. 11 Exculpation Lessons

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    Chapter 11 plan proponents drafting exculpation provisions may benefit from contrasting the exculpatory language recently invalidated by a New York federal court in the Voyager Digital Holdings case with successful recent use of these provisions in confirmed bankruptcy plans, say attorneys at Debevoise.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • How 'Swap' Fight Underpins Prediction Market Enforcement

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    As courts around the country grapple with whether, and under what circumstances, event contracts qualify as swaps, federal enforcement authority hangs in the balance, with implications for companies that need to manage compliance risks during this period of legal uncertainty, say attorneys at Debevoise.

  • Justices' Hikma Reasoning May Extend Well Beyond Pharma

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    The active steps framework announced by the U.S. Supreme Court in its Hikma v. Amarin decision, finding that Amarin failed to plausibly allege inducement of infringement, has the potential to reshape how courts evaluate inducement claims across patent, copyright and other doctrines, say attorneys at BCLP.

  • SVB Parent's Claim Loss To FDIC Bears Bond Wording Lesson

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    A North Carolina federal court’s recent ruling that the Federal Deposit Insurance Corp., as receiver for the collapsed Silicon Valley Bank, solely owns a $73 million fraud claim illustrates why parent financial institutions should scrutinize joint assured provisions in fidelity bonds to prevent a failed subsidiary's covered losses going to a receiver, say attorneys at McGuireWoods.

  • The State Of Prediction Market Litigation After 9th Circ. Ruling

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    The Ninth Circuit's recent decision in Kalshi v. Assad gives state regulators significant appellate backing to enforce state gaming laws over prediction markets, creating a direct split with the Third Circuit that will likely lead to Supreme Court review of the question, say attorneys at Arnold & Porter.

  • Deal Termination Lessons From Verisk Merger Review Ruling

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    The Delaware Chancery Court’s recent ruling that Verisk Analytics forfeited its right to terminate a deal that was facing a second information request from the Federal Trade Commission illustrates the danger of information gaps between client and counsel and the risks of "willful conduct" language in merger agreements, say attorneys at HSF Kramer.

  • Series

    Ballet Makes Me A Better Lawyer

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    A lifetime of learning and performing ballet taught me that success — whether in dance or practicing law — comes only through hours of thorough preparation, boundless energy and relentless effort, says Sharon Katz-Pearlman at Greenberg Traurig.

  • Del. Dispatch: More Earnout Guidance From Chancery

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    The Delaware Court of Chancery's recent decision in Georgia Security Solutions v. NewCBN reaffirms that a procedure resembling a traditional accountant true-up will generally be interpreted as calling for an expert determination, not an arbitration, and highlights the need for clarity in drafting earnout provisions, say attorneys at Fried Frank.

  • How The Uniform ABC Act Reframes The Ch. 11 Choice

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    In states where the Uniform Assignment for Benefit of Creditors Act has been enacted — now including Delaware — qualifying distressed companies have a lower-cost, bankruptcy alternative that provides fiduciary oversight without invoking the formal Chapter 11 process, says Robert Saunders at Pachulski Stang.

  • 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.

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