Delaware

  • August 26, 2026

    Chancery Lets Investor Defend SpaceX Fund In Florida

    The Delaware Chancery Court on Wednesday granted investor Alessandro Possati a limited default judgment allowing him to act on behalf of an investment partnership in related Florida litigation, while declining to make broader findings that could affect his remaining fiduciary duty claims.

  • August 26, 2026

    Credit Suisse Says 401(k) Participants Misunderstand ERISA

    Credit Suisse Securities USA LLC and its benefits committee have urged a North Carolina federal judge to dismiss class claims that they mismanaged the bank's 401(k) plan, arguing the workers' complaint relies on flawed comparisons and misunderstandings of ERISA's fiduciary standards.

  • August 26, 2026

    States Renew Bid To Block New Mail-In Ballot Rule

    A coalition of 24 states and the District of Columbia again asked a Massachusetts federal judge on Wednesday to block implementation of the U.S. Postal Service's rule restricting delivery of mail-in ballots, after the U.S. Supreme Court paved the way for an earlier injunction to be lifted.

  • 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.

Expert Analysis

  • 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.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

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    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • What PE Practitioners Need To Know About New Del. ABC Act

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    Delaware's new Assignment for the Benefit of Creditors statute represents a structural shift in how companies backed by private equity can be wound down and provides a more streamlined tool for managing sponsor liability without the public visibility of a bankruptcy proceeding, says Evelyn Meltzer at Troutman Pepper.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • Opinion

    Shareholder Derivative Litigation Needs A Better Framework

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    Uncoordinated, multiforum shareholder derivative litigation is a growing issue for corporate defendants that have little to no recourse for organizing and consolidating actions, but several commonsense steps should be utilized to preempt such disputes, say attorneys at Sullivan & Cromwell.

  • Del. Dispatch: The New 'Director Independence' Definition

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    The Delaware Court of Chancery's recent decision in Ayers v. Foley, its first interpretation and application of "director independence" as outlined in Section 144 of the Delaware General Corporation Law, suggests that the court will not limit the new section's reach, say attorneys at Fried Frank.

  • Fiduciary Duty Risks In Continuation Vehicle Transactions

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    Continuation vehicle transactions have become prominent in private equity, but conflicts may arise due to transaction structures and implicate fiduciary duties, with a recent Delaware case highlighting several procedural considerations for sponsors, say attorneys at Debevoise.

  • Series

    Bass Fishing Makes Me A Better Lawyer

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    Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

  • How Reincorporating In Texas May Alter Earnout Disputes

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    While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

  • Roundup

    The Most Talked-About Supreme Court Decisions Of 2026

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    This term, 11 U.S. Supreme Court decisions quickly became hot topics among Law360's guest writers.

  • 5 Rulings Clarify Limits On Chapter 15 Public Policy Exception

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    Recent bankruptcy decisions from New York and Delaware federal courts distinguish between relief a U.S. bankruptcy court may grant in a domestic case and relief it may recognize under Chapter 15 of the Bankruptcy Code when a foreign court has entered the order, say attorneys at Pierson Ferdinand.

  • 10 Years, 150 Cases: The Rise And Fall Of Post-Halo Damages

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    When the U.S. Supreme Court decided Halo v. Pulse in 2016, patent practitioners predicted that enhanced damages would become easier to win, but analysis of every contested district court ruling on a motion for enhanced damages in the last 10 years shows that courts have shown increasing restraint, say attorneys at Reichman Jorgensen.

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