Delaware

  • August 26, 2026

    3rd Circ. Says McIver Lacks Immunity In ICE Assault Case

    A panel of Third Circuit judges on Wednesday rejected claims from Rep. LaMonica McIver, D-N.J., that her congressional role protects her against criminal charges alleging she forcibly interfered with and obstructed federal officers at an immigration detention facility.

  • August 26, 2026

    Huntsman Investor Seeks Merger Records Over CEO Role

    A Huntsman Corp. stockholder has sued the chemical manufacturer in the Delaware Chancery Court seeking internal records about its planned merger with Olin Corp., alleging the deal may have been shaped by conflicts involving Huntsman's chief executive and may shortchange investors.

  • August 26, 2026

    Del. Police Captains' OT Exemption Fight Heads To Trial

    A Delaware federal court has declined to rule before trial on whether Wilmington police captains are exempt from overtime pay, finding genuine factual disputes about whether their primary duty is frontline law enforcement or management that only a jury can resolve.

  • August 26, 2026

    Urban Farm Startup 80 Acres Files Ch. 7 With $100M-Plus Debt

    An Ohio-based vertical farming startup, 80 Acres Urban Agriculture, filed for Chapter 7 liquidation in Delaware with several affiliates and listing $100 million to $500 million each in assets and liabilities. 

  • August 25, 2026

    Oura Ring Maker Says Ex-CEO Must Arbitrate Stock Claims

    The manufacturer of the Oura Ring personal health and fitness tracking device has asked a Delaware federal court to order its ex-CEO to arbitrate claims accusing his former company and related entities of orchestrating a scheme to strip him of voting power.

  • August 25, 2026

    Ex-Taro Exec Slips Some Generics Price-Fixing Claims

    A Connecticut federal judge gave a former Taro Pharmaceuticals USA Inc. marketing executive a partial victory in generic drug price-fixing litigation, tossing several claims by state attorneys general but allowing others to proceed after finding that a jury could conclude he joined certain conspiracies.

  • August 25, 2026

    USPS Violated Block On Mail Ballot Rulemaking, Judge Says

    A Massachusetts federal judge who ordered the U.S. Postal Service earlier this month to stop work on a new rule restricting delivery of some mail-in ballots concluded Tuesday that the USPS flouted her pencils-down nationwide injunction by continuing to develop and promulgate the new rule.

  • August 25, 2026

    Del. Justices Say SPAC Proxy Claims Came Too Late

    The Delaware Supreme Court on Tuesday affirmed the dismissal of a special purpose acquisition company suit seeking damages tied to a $1.4 billion deal with an autonomous vehicle software provider, finding the plaintiff waited too long to sue.

  • August 25, 2026

    Dolphin Co.'s Ex-CEO Opposes Sale Of JV Stake In Ch. 11

    The ex-CEO of the bankrupt parent company of wildlife adventure business The Dolphin Co. and former board members have objected to a $2 million sale of a majority stake in a Mexican park joint venture, saying it is being proposed without testing the value of the asset through an auction.

  • August 25, 2026

    Ed Dept. Must Turn Over Records In Mental Health Grants Row

    A Washington federal judge Monday partly granted a group of states' bid for expedited discovery in their suit over the Trump administration's attempt to cut nearly $1 billion in funding for K-12 mental health grants, finding the information could assist the court before a hearing for a preliminary injunction.

  • August 25, 2026

    Investor Seeks Legal Fees In Del. Over Energy Co. Share Suit

    Hudson Bay Longview LLC has sued Mountain State Energy Holdings LLC in the Delaware Chancery Court seeking to force the energy company to pay the legal costs Hudson Bay is racking up while defending a separate New York lawsuit over its purchase of Mountain State shares.

  • August 25, 2026

    Lupin Beats Vertex's Patent Suit Over Cystic Fibrosis Drug

    A Delaware federal court has rejected Vertex Pharmaceuticals Inc.'s suit accusing Lupin Ltd. of infringing patents covering a cystic fibrosis treatment, with a judge saying Monday that Lupin's planned generic doesn't have the specific concentration of the drug covered by the patents.

  • August 25, 2026

    Trucordia, Ex-Producers Fight Over Arbitration Clause

    Counsel for former insurance producers Arthur and Kirk Maberry urged the Delaware Chancery Court on Tuesday to send Trucordia's client-poaching lawsuit to arbitration, arguing that a broad arbitration clause in 2022 retention agreements still governs the dispute despite later employment and equity agreements.

  • August 24, 2026

    EPA, States Defend Cleanup Deal In Talc Co. Whittaker Ch. 11

    The government, joined by California and Montana, is defending a proposed settlement in former talc supplier Whittaker Clark's New Jersey Chapter 11 case, saying a group of personal injury creditors' objection mischaracterized the $16.5 million deal.

  • August 24, 2026

    Judge Preserves, But Narrows, IP Verdict Against NuVasive

    A Delaware federal judge on Monday kept in place much of a jury's infringement findings against NuVasive in a doctor's case against it over a group of spinal implant patents but found the jury's other infringement conclusions weren't supported by enough evidence.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    High Court Lifts Block On Mail-In Ballot Changes

    The Trump administration can proceed with plans to implement some new nationwide mail-in voting regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, but questions remain about the enforceability of proposed U.S. Postal Service restrictions.

  • August 24, 2026

    Battery-Maker Investor Sues Brass Over $200M DOE Grant

    A Microvast Holdings Inc. stockholder has sued the battery-maker's current and former directors and executives in the Delaware Chancery Court, alleging they breached their fiduciary duties by misleading investors about a $200 million federal grant and the progress of a Tennessee manufacturing plant.

  • August 24, 2026

    Judge Orders $245M In Guardant Damages In DNA Patent Suit

    A judge has boosted what Guardant Health Inc. owes in a case in which it was found to have infringed two TwinStrand Biosciences Inc. patents covering methods of lowering the error rate in DNA sequencing, bringing the total to $245 million.

  • August 24, 2026

    ATI Retirees To Appeal Toss Of Pension De-Risking Suit

    Former ATI employees will ask the Third Circuit to reopen a proposed class action alleging the aerospace company put their retirement benefits at risk by converting $1.5 billion in pension obligations to insurance-backed annuities, according to a filing in Pennsylvania federal court.

  • August 24, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week saw a wave of lawsuits involving corporate oversight, take-private deals, financing transactions, bankruptcy fallout, stockholder voting rights and disputes over control.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

  • August 21, 2026

    Cytek Hit With $56M Verdict For Infringing Cell-Sorting Patent

    A Delaware federal jury Friday awarded roughly $36 million in damages to biomedical testing manufacturer Beckman Coulter after finding that Cytek Biosciences infringed one of its patents covering a technology that quickly analyzes single cells.

Expert Analysis

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Del. Ruling Cautions Against Expanding Expert Authority

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    The Delaware Chancery Court's determination that an accountant acted as an expert rather than an arbitrator in the Driven Intermediate Holdings post-closing purchase price adjustment lawsuit helped lead to a dismissal, and demonstrated not only how such a determination can factor into a dispute's resolution, but also whether a court has jurisdiction to hear it, say attorneys at Reed Smith.

  • Ch. 15 Ruling Is A Restructuring Blueprint For Cannabis Cos.

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    The recent Cannabist Chapter 15 recognition order is arguably the most significant cannabis bankruptcy development in U.S. history, providing a concrete and tested road map by which such companies with foreign parent structures can access the protective machinery of U.S. bankruptcy law, say attorneys at Saul Ewing.

  • 3 New Pay Transparency State Laws Raise Compliance Risks

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    Wage transparency measures taking effect in Delaware, Maine and New Jersey add a layer of complexity to the hiring landscape and highlight the need for employers to develop thorough compliance strategies while navigating the laws' ambiguities, say attorneys at Foley & Lardner.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Operational AI Washing: The Next Frontier Of Fiduciary Risk

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    While there are still no final Delaware decisions applying Caremark specifically to artificial intelligence governance failures, previous case law provides a blueprint, so the question for boards is whether their governance architectures will satisfy Caremark when the first cases are decided, say attorneys at Akerman.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

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