Delaware

  • 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.

  • August 14, 2026

    Nielsen Loses At Fed. Circ., Fights Verdict In Patent Row

    The Nielsen Co. Friday lost its attempt at the Federal Circuit to revive claims of a patent it accused TVision Insights Inc. of infringing, as it fights a jury verdict clearing TVision of infringing a separate patent.

  • August 14, 2026

    Stratasys Scores $2.7M In Feud Over Origin Acquisition

    Israeli-American 3D printing company Stratasys has won more than $2.7 million in arbitration after fending off a $440 million claim stemming from its acquisition of Origin Laboratories Inc., a developer of 3D printing software, according to documents made public Thursday.

  • August 14, 2026

    R4 Technologies Stockholders Sue For Company Records

    A group of r4 Technologies Inc. shareholders has sued the artificial intelligence company in the Delaware Chancery Court, seeking access to corporate records to investigate potential wrongdoing and determine the value of their holdings.

Expert Analysis

  • 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.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

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