Delaware

  • July 23, 2026

    FEMA Is Illegally Tying Funds To Election Rules, States Say

    A group of mostly Democratic-led states asked a Rhode Island federal court Thursday to stop the U.S. Department of Homeland Security from withholding disaster-relief funds unless they comply with the Trump administration's election administration and immigration enforcement demands.

  • July 23, 2026

    Del. Judge Voids Destiny Co-Founder's Ouster Scheme

    The Delaware Chancery Court ruled Thursday that Destiny XYZ Inc.'s controlling founder carried out an unfair scheme to squeeze his co-founder out of the company, restoring the minority founder's ownership stake and finding that the controller and two directors breached their fiduciary duties through a reverse-forward stock split designed to eliminate him.

  • July 23, 2026

    Team Systems Execs Seek Recusal In Ch. 7 Clawback Suit

    Former executives of bankrupt government contractor Team Systems International asked a Delaware bankruptcy judge to recuse himself from the contractor's Chapter 7 case and a $14 million clawback case against the executives by the Chapter 7 trustee.

  • July 23, 2026

    Third Murder Trial Not Double Jeopardy, 3rd Circ. Says

    The Third Circuit ruled on Thursday that a Pennsylvania man is not eligible for habeas corpus relief after he was made to face trial over the same murder three separate times, because a state court previously ruled he was correctly convicted and the retrials did not violate double jeopardy rules.

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    HUD Says States Aren't Harmed By Fair Housing Standards

    The U.S. Department of Housing and Urban Development told a California federal court to toss a suit filed by the District of Columbia and 15 states over past standards for receiving funding for fair housing enforcement, arguing that the plaintiffs lack Article III standing because they have not shown how they have been harmed by the funding standards.

  • July 23, 2026

    EBay Cleared Under Alice In Website Patent Dispute

    A Delaware federal judge has thrown out a lawsuit accusing eBay Inc. of infringing a pair of patents on customizing access to websites, finding the patents only covered abstract ideas without any inventive concept to save them.

  • July 23, 2026

    'Internal Affairs' Doctrine Trims Pa. Gas Investors' Lawsuit

    A federal judge trimmed a Pennsylvania family's lawsuit claiming two oil and gas companies wrongly failed to pay out dividends for their shares, reasoning that while the family could make some claims as individual investors, they could not demand to oust board members and shut down one company because those were "internal affairs" under Delaware law.

  • July 23, 2026

    EEOC, UPenn Resolve Fight Over Jewish Workers' Info

    The University of Pennsylvania and the U.S. Equal Employment Opportunity Commission struck a deal to end their battle over a subpoena seeking contact information of Jewish UPenn employees after the agency agreed to back away from enforcing it, the parties told the Third Circuit on Thursday.

  • July 23, 2026

    Jenzabar Investor Sues Board Over Alleged Power Grab

    A Jenzabar Inc. stockholder has sued three current and former directors of the private education technology company in the Delaware Chancery Court, accusing them of seizing control of the board and awarding themselves outsized pay packages without proper oversight.

  • July 22, 2026

    6 Copyright Cases To Watch In The Second Half Of 2026

    An appeal over whether an AI-powered legal research tool unlawfully used Westlaw material and a long-running fight involving a Miles Davis tattoo could produce some of 2026's most significant copyright rulings. Here is Law360's list of the most notable copyright cases to watch for the rest of the year.

  • July 22, 2026

    Eastham Sues Over Failed Alabama Apartment Venture

    An investor has sued the general partner and property management companies behind an Alabama apartment venture, along with their owner, Audubon founder and CEO Andrew Schwarz, in the Delaware Chancery Court, alleging they mismanaged the project and ultimately caused it to collapse into foreclosure, costing investors more than $19 million.

  • July 22, 2026

    3rd Circ. Revives Princeton Student's Sex Bias Discipline Suit

    The Third Circuit has revived a Princeton University student's suit challenging the university's decision to suspend him for two years after a Title IX investigation into allegations that he choked two female students, ruling that he was able to plausibly allege that gender motivated Princeton's decision.

  • July 22, 2026

    Fed. Circ. Panel Stands By Invalidated Spinal Fusion IP

    The Federal Circuit on Wednesday said it won't rethink a panel's decision invalidating patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc.

  • July 22, 2026

    Gene Therapy Co. Inks Better Ch. 11 Financing Deal

    Sangamo Therapeutics on Wednesday told a Delaware bankruptcy judge it has negotiated new Chapter 11 financing that will provide the biotechnology company with more money at a lower interest rate and asked permission to take out the new loan.

  • July 22, 2026

    Cars.com Sabotaged $88M Earnout, Chancery Suit Says

    Cars.com is facing a lawsuit in Delaware Chancery Court accusing the online marketplace of deliberately undermining the growth of automotive wholesale auction platform DealerClub after acquiring it in a deal that left most of the purchase price contingent on future performance.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

  • July 21, 2026

    Heritage Coal Trustee Says Ex-Owners Hid Fraud

    The liquidating trustee for Heritage Coal and the company that acquired it has sued the mining firm's former owner in Delaware bankruptcy court, accusing them of costing the new owner millions of dollars by concealing that they had been secretly shipping low-grade coal to Heritage's largest customers for years.

  • July 21, 2026

    18 State AGs Sue EPA Over Hydrofluorocarbons Rollback

    Eighteen Democratic attorneys general and the city of New York filed a petition with the D.C. Circuit Tuesday over a U.S. Environmental Protection Agency rule they argue will weaken federal limits on hydrofluorocarbons, which are refrigerants used in air conditioning and cooling systems.

  • July 21, 2026

    Acer Can't Escape Ericsson Dispute Over 4G, 5G Patents

    A Delaware federal judge won't throw out Ericsson's suit seeking a finding it didn't infringe Acer Inc. patents covering 4G, LTE and 5G wireless standards, despite Acer filing litigation first in Texas accusing Ericsson's customers of infringement.

  • July 21, 2026

    Thermo Fisher Says TRO Needed To Protect $8.9B Deal

    A Delaware Chancery Court judge said Tuesday he is still weighing whether to temporarily block a former Thermo Fisher Scientific Inc. executive from joining Fortrea Holdings Inc., signaling that the dispute turns on difficult questions about the scope of restrictive covenants while cautioning the parties not to assume how he will rule.

  • July 21, 2026

    Dems Press Skadden On Trump Pro Bono Pact, Intel Deal Work

    A group of Democrats demanded Tuesday that Skadden Arps Slate Meagher & Flom LLP disclose details of its pro bono arrangement with the Trump administration in light of allegations the firm advised both Intel Corp. and the U.S. Department of Commerce when the administration received a 10% company stake.

  • July 21, 2026

    Wyeth's Patent Loss Has Attys Focusing On Dosage

    The Federal Circuit's holding that a Pfizer unit's cancer treatment patents are invalid highlights the risk of including dosages in patents without sufficient proof that those dosages work, attorneys say.

  • July 21, 2026

    Boehringer Alleges United Therapeutics Poached Staff, Secrets

    Boehringer Ingelheim Pharmaceuticals Inc. is suing United Therapeutics Corp. in Delaware Chancery Court, alleging it recruited more than 20 members of Boehringer's specialized interstitial lung disease sales team to obtain confidential business information before launching a competing drug.

  • July 20, 2026

    Moderna Hits CureVac With Countersuit In COVID Vax Fight

    Moderna has filed a countersuit in Delaware federal court against a BioNTech subsidiary's claims that Moderna's COVID-19 vaccine infringed several patents, saying the rival biotech company was trying to "take credit" for Moderna's own innovations in mRNA vaccines.

Expert Analysis

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Del. Dispatch: What Tesla Decision Means For Exec Comp

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    The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • What's On Deck In Tribal Nations' Prediction Markets Litigation

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    Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases

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    Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.

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