Delaware

  • 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.

  • 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.

Expert Analysis

  • 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.

  • 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.

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