Delaware

  • October 06, 2025

    Justices Skip Pa. GOP Challenge To Biden's Voting Order

    The U.S. Supreme Court on Monday declined to take on Pennsylvania GOP lawmakers' challenge to former President Joe Biden's executive order expanding "get-out-the-vote" information, letting stand a ruling that the Republican politicians did not have standing to sue over the order.

  • October 06, 2025

    High Court Turns Down 6 Patent Cases At Start Of Term

    The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.

  • October 06, 2025

    Justices Decline Case Over Scope Of Forced Arbitration Ban

    The U.S. Supreme Court declined Monday to wade into a former employee's legal battle with CVS despite the worker's claim that the justices need to clarify key terms in a 3-year-old federal law banning mandatory arbitration of employment-related sex harassment claims.

  • October 03, 2025

    Up First At High Court: Election Laws & Conversion Therapy

    The U.S. Supreme Court will hear oral arguments in six cases during the first week of its October 2025 term, including in disputes over federal candidates' ability to challenge state election laws, Colorado's ban on conversion therapy, and the ability of a landlord to sue the U.S. Postal Service for allegedly refusing to deliver mail. 

  • October 03, 2025

    1st Circ. Keeps Block On Trump's Birthright Citizenship Order

    The First Circuit on Friday upheld blocks on President Donald Trump's executive order aiming to limit birthright citizenship, ruling in a sweeping 100-page opinion that the president's order is likely unconstitutional.

  • October 03, 2025

    Lost Mail No Excuse, 3rd Circ. Rules When Ending Suit

    A woman's slip-and-fall lawsuit against the U.S. Postal Service was properly ended as untimely, the Third Circuit ruled on Friday, rejecting arguments that the carrier failed to deliver a critical notice to the plaintiff's attorney, causing the suit to be filed late, and ruling that the government's only responsibility was to mail the letter.

  • October 03, 2025

    4 Top Supreme Court Cases To Watch This Term

    After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.

  • October 03, 2025

    Kentucky Derby Owner Churchill Downs Sued In Escrow Fight

    Churchill Downs Inc., the owner of the Kentucky Derby, has been sued in Delaware Chancery Court for allegedly withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

  • October 03, 2025

    Del. Justices Uphold Toss Of Ad Co. Note Conversion Claim

    With little discussion, a Delaware Supreme Court panel on Friday affirmed on appeal a Court of Chancery decision that advertising tech company Vistar Media Inc. had a right to cash out millions' worth of matured investor notes over noteholder objections.

  • October 03, 2025

    Split 3rd Circ. Backs Fiat Chrysler In Deceptive Sticker Claims

    A split Third Circuit panel upheld the dismissal of a class action alleging that Fiat Chrysler put deceptive price stickers on its vehicles to hide the fact that it "injected profit" into the cost, with the court holding that car buyers weren't actually harmed.

  • October 03, 2025

    Weapons Check Co. Insiders Sued In Del. After System Failure

    A stockholder of weapons screening developer Evolv Inc. has sued 20 current and former company directors and officers in Delaware's Court of Chancery, in a five-count derivative suit seeking damages linked to reports that Evolv systems fell short in catching threats.

  • October 03, 2025

    The Roberts Court At 20: How The Chief Is Reshaping America

    Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.

  • October 02, 2025

    DHS Blocked From Pulling $233M In Funds From States

    A Rhode Island federal judge has temporarily blocked the Trump administration from reallocating $233 million in federal funds away from a coalition of Democratic-led states, the same day an appropriation for the funds was set to expire.

  • October 02, 2025

    Veteran Services Co. Must Face Chancery Self-Dealing Claims

    A Delaware Chancery judge refused to dismiss fiduciary duty claims against a veterans services company's top executives, ruling that a shareholder who sued over the company's 2023 merger into a limited liability company adequately alleged that it may have been structured to shield its leaders from accountability.

  • October 02, 2025

    Del. Chancellor Advances Pruned $75B Activision Merger Suit

    Delaware's chancellor kept in play late Thursday much of an Activision Blizzard stockholder suit challenging the company's $75.4 billion merger with Microsoft, rejecting multiple dismissal motions, approving others and writing that a "slimmed-down" version of the complaint can go forward — adding, "Game on."

  • October 02, 2025

    Bain Inside Trade Claims Advance In Del. Cerevel Sale Suit

    Delaware's Court of Chancery on Thursday kept alive a pension funds suit alleging that private equity firm Bain Capital Investors LLC and others traded on inside information in the run-up to a secondary sale ahead of biopharmaceutical venture Cerevel Therapeutics Holdings Inc.'s $8.7 billion acquisition by AbbVie.

  • October 02, 2025

    LinkedIn Sues Over Alleged 'Industrial-Scale' Data Scraping

    LinkedIn Corp. sued ProAPIs, Netswift and its co-founder Rehmat Alam in California federal court Thursday, alleging the software-makers operate "industrial-scale" data scraping mills that violate LinkedIn's terms and numerous other laws by continuously creating fake accounts to extract LinkedIn's member data, which they then sell without permission.

  • October 02, 2025

    Mass. Court Denies States' Bid To Block ACA Subsidy Cuts

    A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.

  • October 02, 2025

    Justices To Hear Clash Over State Med Mal Laws In Fed. Court

    The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether a Delaware medical malpractice statute can be applied in federal court, in a case that is expected to offer legal guidelines for similar laws in 28 other states.

  • October 02, 2025

    Energy Dept. Cancels $7.5B In Blue State Project Awards

    The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.

  • October 02, 2025

    DOJ Beats Heritage Foundation Suit Over Hunter Biden Docs

    A Delaware federal judge has ruled against The Heritage Foundation in its Freedom of Information Act suit against the U.S. Department of Justice regarding documents withheld detailing the investigation of Hunter Biden, saying the government "adequately established" that harm would result from releasing the records.

  • October 02, 2025

    Vet Co. Buyers Win $8M Interest On Top Of $40M Award In Del.

    A Delaware Superior Court judge has awarded buyers of what is now Veterinary Orthopedic Implants more than $8 million in prejudgment interest in a dispute over payouts still due after they won $40 million in a patent-related settlement, rejecting arguments the $8 million would amount to a double recovery.

  • October 02, 2025

    Snapshot: Delaware Expands Scope Of Anti-SLAPP Law

    Delaware's governor recently signed into law expanded protections against lawsuits meant to discourage public participation and speech, including broadening whose speech is protected and requiring those who do file such suits to possibly pay attorney fees and damages.

  • October 02, 2025

    Meta, VideoLabs Resolve Video Tech Patent Dispute

    Patent licensing business VideoLabs has agreed to end its case in Delaware federal court accusing Meta Platforms of infringing various patents related to video technology.

  • October 02, 2025

    DOL Wants Full 3rd Circ. To Eye H-2A Enforcement Ruling

    The Department of Labor has argued that a New Jersey farm's alleged violations of the H-2A visa program didn't involve private rights as it urged the full Third Circuit to flip a panel's decision that the department couldn't use in-house administrative proceedings to impose fines.

Expert Analysis

  • Opinion

    Andreessen Horowitz's Take On Delaware Is Misguided

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    Hostility toward incorporation in Delaware, as expressed in Andreessen Horowitz's recent announcement that it has moved its primary business from the First State to Nevada, is based on a basket of arguments that fail to stand up to harsher scrutiny, say attorneys at Alto Litigation.

  • Conflicting Developments In Homelessness Legal Landscape

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    Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

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    The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • 2 Circuit Court Rulings Offer A Class Certification Primer

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    Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.

  • Del. Dispatch: Conflicted Transactions And New Safe Harbors

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    Two recent Delaware Court of Chancery decisions involving conflicted transactions underscore that the new safe harbors established by the Delaware General Corporation Law amendments passed in March, going forward, provide a far easier route to business judgment review of conflicted transactions than were previously available, say attorneys at Fried Frank.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • New DOJ Penalty Policy Could Spell Trouble For Cos.

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    In light of the U.S. Department of Justice’s recently published guidance making victim relief a core condition of coordinated resolution crediting, companies facing parallel investigations must carefully calibrate their negotiation strategies to minimize the risk of duplicative penalties, say attorneys at Debevoise.

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