Delaware

  • 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.

  • July 20, 2026

    Apple Can't Get Judge To Toss Masimo's $634M Patent Verdict

    Apple has lost its bid to dodge a jury's finding that it owes $634 million for infringing a Masimo Corp. patent after a California federal judge rejected the tech giant's challenge to how the court construed a key term and its bid for a new trial.

  • July 20, 2026

    Del. Judge Rejects Fast-Track Bid For Agtech Co. Receiver

    The Delaware Chancery Court on Monday refused to fast-track a former HerdDogg Inc. founder's bid to place the agricultural technology company into receivership and denied her request for a temporary restraining order, finding she failed to show current evidence of insolvency or an imminent threat of irreparable harm.

  • July 20, 2026

    Trump Media Settles Claims With Ex-SPAC CEO In Fla. Suit

    The corporation that operates President Donald Trump's Truth Social website agreed to dismiss its lawsuit against the former CEO of a special purpose acquisition company over a botched public offering following a settlement between the parties in Florida state court. 

Expert Analysis

  • 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.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

  • Citgo Ruling Offers Award Enforcement Road Map

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    A recent opinion from the Delaware federal court approving a $5.892 billion bid for Citgo Petroleum shares brings the long-running enforcement of the Crystallex arbitration award against Venezuela closer to resolution and offers crucial lessons for creditors pursuing sovereign debt, says Vitaly Morozov at Pierson Ferdinand.

  • Chancery Exec Noncompete Ruling Offers PE Buyer Lessons

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    In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.

  • Reviewing 2025's Artificial Intelligence Disputes Over IP

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    2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.

  • 3 Securities Litigation Trends To Watch In 2026

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    Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

  • Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

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    The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • What Trump Order Limiting State AI Regs Means For Insurers

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    Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.

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