Delaware

  • July 27, 2026

    FTX's $1.8B Clawback Suit Against Binance, Zhao Can Proceed

    A Delaware federal bankruptcy judge has allowed FTX's bankruptcy estate to continue to try to claw back a $1.76 billion payment to the cryptocurrency platform though she trimmed certain claims.

  • July 27, 2026

    SEC Fines Simplify $400K Over ETF Transaction Violations

    A Delaware-based registered investment adviser has agreed to pay a $400,000 fine to the U.S. Securities and Exchange Commission to resolve claims that, among other things, it caused an affiliated trust to engage in prohibited transactions and separately caused one of its exchange-traded funds to exceed leverage thresholds for derivatives trading.

  • July 27, 2026

    Fed. Circ. Clears Boston Scientific In $49M Stent Patent Case

    The Federal Circuit on Monday overturned a $49.4 million patent judgment against Boston Scientific, ruling that the company's drug-eluting coronary stents did not infringe a patent owned by the University of Texas System and that the patent is invalid.

  • July 27, 2026

    W.Va. Coal Plant Hits Ch. 11, Blames Ex-Leaders

    The owner of a West Virginia coal-fired power plant filed for Chapter 11 relief Monday with more than $70 million of funded debt and plans to sell the facility, with the new management installed earlier this year accusing former executives of misconduct.

  • July 27, 2026

    Del. Judge Tosses Challenge To Envestnet's $4.5B Bain Sale

    The Delaware Chancery Court has dismissed a stockholder challenge to Envestnet Inc.'s $4.5 billion take-private sale to Bain Capital affiliates, ruling that investors approved the deal through a fully informed vote and that the complaint failed to support claims that the company's independent directors or financial adviser Morgan Stanley acted improperly.

  • July 27, 2026

    Yale, Biohaven Win $4M In Biotech Trade Secret Trial

    A Delaware federal jury has awarded Yale University and Biohaven Therapeutics $4 million after finding that venture capital firm RA Capital Management GP breached a confidentiality agreement and, along with co-defendant Avilar Therapeutics, misappropriated a Yale-developed trade secret for designing protein-degrading drug molecules.

  • July 27, 2026

    Regeneron Says Drug Approval Irrelevant In Antitrust Case

    Regeneron told a Delaware federal court the recent regulatory approval of a new cholesterol drug is irrelevant to its case accusing Amgen of bundling Repatha with other medications, as the court mulls an injunction bid following Regeneron's $407 million jury win.

  • July 27, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving restrictive covenants, corporate governance, trade secrets, real estate investments, receiverships, and books and records demands.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

  • July 24, 2026

    Illinois Blocked From Giving Tuition Aid To Immigrants

    A federal judge Friday permanently barred Illinois from providing benefits such as in-state tuition and education scholarships to unauthorized immigrants, agreeing with the Trump administration's argument that the offerings run afoul of federal law by discriminating against U.S. citizens.

  • July 24, 2026

    Real Estate Recap: Forbearance, Truck Lots, Phoenix SFR

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into forbearance negotiations, the latest real estate investment craze, and the ongoing challenges for Wall Street landlords in the Sun Belt.

  • July 24, 2026

    2 Conservative Airbnb Investors Drop Proxy Bias Suit

    Two right-leaning institutional investors that accused Airbnb of wrongly excluding their shareholder proposals from proxy materials have been allowed to quietly drop their lawsuit against the short-term rental business.

  • July 24, 2026

    Upstart Gets OCC's Conditional Approval For Bank Charter

    Online lending platform Upstart has cleared a key initial hurdle at the Office of the Comptroller of the Currency in its bid to launch what it is calling the first national bank built with artificial intelligence-powered underwriting.

  • July 24, 2026

    Finch Therapeutics Can Seek Ch. 11 Plan Votes

    A Delaware bankruptcy judge on Friday conditionally approved the disclosure statement for microbiome treatment developer Finch Therapeutics' Chapter 11 plan, allowing it to solicit creditor votes.

  • July 24, 2026

    Former Drug Co. Akorn Gets OK For $18.5M Ch. 7 Settlement

    A Delaware bankruptcy judge has signed off on a deal resolving a $28.3 million claim by the buyer of defunct drug developer Akorn's assets, allowing an $18.5 million claim in the Chapter 7 case.

  • July 24, 2026

    5 TM Cases & 1 Strategy To Watch In 2026's Second Half

    The U.S. Supreme Court will weigh a trademark dispute that asks whether juries or judges should decide if a mark is inherently strong, while courts will continue testing the impact of the justices' Jack Daniel's decision over a key test in trademark infringement cases. Here are Law360's picks for trademark cases to watch for the rest of the year.

  • 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.

Expert Analysis

  • Why Highly Specialized Experts May Risk Exclusion At Trial

    Author Photo

    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Drawing A Line Between Settlement Pressure And Extortion

    Author Photo

    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Securities Class Cert., 5 Years After Goldman Ruling

    Author Photo

    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • 'Honeypot' Suit Spotlights Nuances Of Trade Secret Law

    Author Photo

    Fintech company MyCard's recent complaint filed in Delaware federal court, alleging that competitor Atomic FI copied its proprietary software, including a "honeypot" in the form of a specific 37-character string, highlights fact-intensive questions of when alleged trade secrets are actually secret, says Eugene Mar at Farella Braun.

  • A Lender's Guide To Fraud: Identifying Risks

    Author Photo

    The evolving lending landscape, particularly the private credit boom, has heightened lenders' exposure to fraud, but recent bankruptcies demonstrate where fraud risks most commonly materialize and how banks can mitigate exposure at the outset, say attorneys at Moore & Van Allen.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

    Author Photo

    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

    Author Photo

    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • How Boards Can Shrink The AI Governance Gap

    Author Photo

    While companies have overwhelmingly embraced artificial intelligence, most lack corresponding governance structures and director-level fluency to oversee these programs, highlighting the importance of board and executive supervision to keep pace with growing litigation risk, say attorneys at Alston & Bird.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

    Author Photo

    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

    Author Photo

    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

    Author Photo

    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.

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Delaware archive.