Delaware

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

  • August 19, 2026

    Fed. Circ. Backs PTAB's Ax Of 10x Genomics Patent Claims

    The Federal Circuit declined Wednesday to save claims in a trio of 10x Genomics patents covering nucleic acid analysis methods, affirming decisions from the Patent Trial and Appeal Board that sided with Parse Biosciences Inc.'s obviousness challenges to the claims.

  • August 19, 2026

    Footprint Investors Sue In Del. Over $500M Financing Deal

    Early investors in Footprint International Holdco Inc. have sued the sustainable packaging company, its directors and several institutional investors in the Delaware Chancery Court, alleging that insiders used a $500 million financing round to seize control of the company and strip longtime Class A investors of valuable stockholder rights.

  • August 19, 2026

    CFTC Spares FTX's Ellison, Wang Fines For Cooperation

    Former FTX and Alameda Research executives Caroline Ellison and Gary Wang have agreed to trading and registration bans, but will not face financial penalties, as part of deals with the U.S. Commodity Futures Trading Commission to resolve fraud claims against them over their roles in the scheme that caused the crypto exchange and trading firm to collapse.

  • August 19, 2026

    Azerbaijan Says CNN's Iran, Israel Report Defamed The Nation

    The Republic of Azerbaijan has sued CNN in Delaware federal court, accusing the news network of defamation for reporting that Azerbaijan allowed Israeli forces to use its territory for military and intelligence operations against Iran during the ongoing war. Azerbaijan says the report was false, damaged the country's reputation and put its citizens at risk of retaliation.

  • August 19, 2026

    3rd Circ. Won't Revive Philly Atty's Conspiracy Suit

    A suspended Pennsylvania attorney's attempt to expose an alleged conspiracy against him by Philadelphia public officials and private corporations has been stymied, with the Third Circuit upholding the dismissal of his complaint against dozens of defendants.

  • August 19, 2026

    Horticultural Supplier BFG Files For Ch. 11 Seeking Sale

    A major U.S. distributor of horticultural and agricultural supplies, BFG Supply Co. LLC, filed for Chapter 11 bankruptcy protection in Delaware, reporting between $100 million and $500 million in both assets and liabilities and seeking to sell all of its assets.

  • August 18, 2026

    Franchise Group Trust Seeks $700M Over Take-Private Deal

    The litigation trust created after Franchise Group Inc.'s bankruptcy on Tuesday sued the company's former CEO, advisers and others in the Delaware Chancery Court, accusing them of carrying out a fraudulent take-private deal that caused more than $700 million in damages.

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Capital One Investor Sues Ex-Discover Brass In Chancery

    A Capital One Financial Corp. stockholder has sued former Discover Financial Services directors and executives in the Delaware Chancery Court, accusing them of allowing years of regulatory and compliance failures that caused hundreds of millions of dollars in losses before Capital One acquired the credit card company.

  • August 18, 2026

    3rd Circ. Nixes Prof's Disability Bias Win, Calls For Trial

    The Third Circuit scrapped Tuesday an early win handed to a Kutztown University professor who claimed she faced disability discrimination when her requests to teach remotely to manage an autoimmune condition were denied, ruling the lower court was too quick to resolve the case given the disputes at play.

  • August 18, 2026

    Del. DOJ Says Saul Ewing Bill Ruling Put It In 'Untenable' Spot

    Delaware's Department of Justice wants the state's high court to undo a ruling allowing the ACLU to obtain Saul Ewing LLP invoices for work on a federal lawsuit over prison medical care, saying the decision puts "a new burden of proof on agencies" when dealing with public records requests.

  • August 18, 2026

    ​​​​​​​Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving multibillion-dollar mergers, corporate oversight, founder control, SPAC litigation, commercial contracts and attorney fees.

  • August 18, 2026

    NJ Justices Signaled Likely End To Daniel's Law, Experts Say

    First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    JPMorgan Loses State Trade Secret Claims In Data Suit

    JPMorgan Chase Bank cannot pursue state law trade secret claims against a data analytics company over the alleged misuse of credit card data supplied for regulatory purposes, with a Delaware federal judge ruling Monday that the bank still hasn't tied that conduct to Delaware or Ohio.

  • August 17, 2026

    Ch. 11 Dismissal Bid Fans Flames In Power Plant Control Fight

    Omnis Pleasants' parent company formally moved for dismissal of the West Virginia coal plant's Chapter 11 proceeding in Delaware, alleging the case was launched to gain an advantage in pending governance litigation with lenders tied to motivational speaker Tony Robbins.

  • August 17, 2026

    2 Firms To Lead Skechers Investor Suit Over $9.4B 3G Deal

    Saxena White PA and Labaton Keller Sucharow LLP's client will lead a suit in Delaware Chancery Court alleging Skechers' founder and family used their majority voting power to push through the company's $9.4 billion take-private sale to private equity giant 3G Capital.

  • August 17, 2026

    Blue States Say FTC Can't Regulate Trans Youth Health

    A group of left-leaning states, including Massachusetts and California, asked a Texas federal court to toss a Federal Trade Commission suit against the World Professional Association for Transgender Health, saying Monday that the FTC's suit constitutes a "federal attack on state-regulated transgender healthcare."

  • August 17, 2026

    Latest Squires Patent Review Order Grants 1, Denies 3

    U.S. Patent and Trademark Office Director John Squires granted one petition for an America Invents Act patent review and rejected three others in his latest order on institution decisions.

  • August 17, 2026

    Mass. Judge Vacates ACA Gender-Affirming Care Restriction

    A Massachusetts federal judge handed a coalition of 21 states a win on their claim that the U.S. Department of Health and Human Services unlawfully issued Affordable Care Act reforms barring marketplace plans from requiring coverage for medical procedures used in gender-affirming care.

  • August 14, 2026

    AIG Ex-Execs Win Ruling That Parent's FP Loan Was Equity

    American International Group's funding advances to one of its investment units was an equity infusion and not debt, a Delaware bankruptcy judge ruled Friday, handing a win to former executives who say they're owed deferred compensation funds that were depleted during the 2008 financial crisis.

  • August 14, 2026

    Real Estate Recap: NYC Office, Hotel Snapshot, Rising Stars

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest on the New York City office sector, how hotels fared in the second quarter, and two of Law360's Rising Stars.

  • August 14, 2026

    Kentucky Downs Buyers Win $10M Holdback Fight In Del.

    The Delaware Chancery Court has ruled that buyers of the Kentucky Downs horse racing and gaming facility can keep a $10 million holdback from the $185 million deal, finding a Kentucky Supreme Court ruling on the legality of historical horse racing triggered the payment provision.

  • August 14, 2026

    Can Texas, Nevada Replicate Delaware's Corporate Edge?

    Texas and Nevada have spent the past few years rewriting corporate laws and building specialized business courts in an effort to challenge Delaware's long-standing dominance as the preferred home for U.S. companies. While a handful of high-profile corporations have already made the move, corporate law experts say creating another Delaware will require far more than new statutes and judges.

Expert Analysis

  • CFTC Actions Show Prediction Market Insider Trading Risks

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    It is a myth that insider trading law does not apply in prediction markets, as the U.S. Commodity Futures Trading Commission's recent enforcement actions illustrate that it has full authority to pursue such cases federally — and intends to, says attorney Gregg Goldfarb.

  • Prepping For White House's Proposed AI Framework

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    The artificial intelligence legislative framework issued by the White House last month reframes the policy landscape, creating a number of near-term developments for companies to track as congressional committees attempt to convert the framework into legislative text, say attorneys at Morgan Lewis.

  • Opinion

    State Bars Need To Get Specific About AI Confidentiality

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    Lawyers need to put actual client information into artificial intelligence tools to get their full value, but they cannot confidently do so until state bars offer clear, formal authority on which plan tiers of the three most popular generative AI tools are safe to use when sharing specific client details, says attorney Nick Berk.

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

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