Delaware

  • May 01, 2026

    SEC's Corp. Governance Shift Puts Onus On States, Cos.

    Lawyers who work with clients on corporate governance matters had a warm response to a recent pledge from U.S. Securities and Exchange Commission Chairman Paul Atkins to let states handle such issues, saying the shift marks a return to the agency's historical approach and may spur increased activity among state regulators.

  • May 01, 2026

    Humana Investor Suit Largely Survives Dismissal Bid

    Health insurer Humana can't shed proposed class action claims it misled investors about the financial impact it would see from pent-up demand for healthcare deferred amid the COVID-19 pandemic, a Delaware federal judge has determined.

  • April 30, 2026

    Fox News Can't Yet Duck Newsom's $787M Defamation Suit

    A Delaware state judge Thursday refused to throw out California Gov. Gavin Newsom's $787 million defamation claims over Fox News' coverage of his June 6 phone call with President Donald Trump, ruling that Newsom has plausibly alleged that Fox News knew it was making false statements when it made them.

  • April 30, 2026

    Gov't Pauses Medicaid Data Use For ICE Amid Injunction Fight

    The Trump administration agreed at a hearing Thursday to temporarily halt the use of 22 states' Medicaid data for immigration enforcement purposes until a San Francisco federal judge clarifies the boundaries of an injunction that the largely Democratic-controlled states had accused the government of flouting.

  • April 30, 2026

    ITC Proposes Litigation Funding Disclosure Rule For IP Cases

    The U.S. International Trade Commission on Thursday proposed a new rule that would require litigants in intellectual property cases before the commission to disclose information about entities that have an ownership or financial interest in the case, including litigation funders.

  • April 30, 2026

    Monthly Merger Review Snapshot

    A pair of door manufacturers ended a landmark private merger challenge, state enforcers are gearing up for a potential Live Nation breakup bid following a crucial jury win, and a separate group of states and DirecTV are challenging Nexstar's $6.2 billion deal for rival broadcaster Tegna.

  • April 30, 2026

    Fishing Gear Founder Beats Immediate TRO Bid

    A Delaware vice chancellor on Thursday declined to immediately block former fishing gear executive Ralph Duda III from operating a women-focused fishing products business but put the dispute on a fast track toward a preliminary injunction hearing in about 45 days.

  • April 30, 2026

    Sunoco Pipeline Suit Belongs In Federal Court, 3rd Circ. Told

    The inclusion of a Pennsylvania-based Energy Transfer LP subsidiary in a state agency's administrative order over a pipeline spill should not be enough to give a state court jurisdiction over local residents' lawsuit stemming from the same spill, Sunoco and Energy Transfer's lawyers told a Third Circuit panel Thursday.

  • April 30, 2026

    Energy Co. Brass Accused Of $58M 'Pump And Dump'

    A stockholder has sued Enphase Energy Inc.'s top officers and directors in the Delaware Chancery Court, accusing them of misleading investors about weakening demand for the solar technology company's products while insiders allegedly sold more than $58.8 million in stock and the company spent nearly $907 million on allegedly inflated share repurchases.

  • April 29, 2026

    Del. Supreme Court Says Bylaw Suits Came Too Soon

    The Delaware Supreme Court on Wednesday upheld the dismissal of stockholder lawsuits challenging advance notice bylaws adopted by The AES Corp. and Owens Corning, ruling that the claims were premature because no actual dispute over the bylaws had yet materialized.

  • April 29, 2026

    Fed. Circ. Revives FedEx Patents But Limits RPI Appeals

    The Federal Circuit told the Patent Trial and Appeal Board on Wednesday to reconsider invalidating FedEx Corp. shipment monitoring patents challenged by Qualcomm Inc., while also making clear when real party in interest decisions can't be appealed.

  • April 29, 2026

    Citgo Bidder Violating Confidentiality Agreement, Court Hears

    Counsel for the oil giant Citgo has accused an affiliate of hedge fund Elliott Investment Management LP of improperly revealing and distorting its confidential information as the parties inch closer toward ending a long-running saga aimed at satisfying billions of dollars' worth of Venezuelan debt.

  • April 29, 2026

    High Court Seeks Path To Limited Ruling On 'Skinny Labels'

    The U.S. Supreme Court on Wednesday appeared reluctant to craft new standards for deciding whether makers of generic drugs that use so-called skinny labels have encouraged others to infringe patents, with several justices saying existing law is sufficient to make a decision.

  • April 29, 2026

    Janus Henderson Inks $6.5M 401(k) Fund Suit Deal

    Janus Henderson will fork over $6.5 million to settle a proposed class action alleging that the asset manager breached fiduciary duties by promoting underperforming proprietary investments in its employee 401(k) plan, according to the terms of the deal filed in Colorado federal court Wednesday.

  • April 29, 2026

    3 Federal Circuit Clashes To Watch In May

    The Federal Circuit's May argument slate includes appeals of invalidity decisions and sanctions tied to VLSI Technology's multibillion-dollar chip patent dispute with Intel, as well as Amazon's challenge to a cloud storage patent verdict against it for over half a billion dollars.

  • April 29, 2026

    3rd Circ. Skeptical Law Prof Harmed By NJ Employment Policy

    The Third Circuit on Wednesday appeared skeptical that an attorney has standing to challenge the constitutionality of a workplace policy for New Jersey employees, asking what imminent harm she faces now that she is no longer subject to the policy.

  • April 29, 2026

    3rd Circ. Upholds Trooper Immunity For Arrest After Shooting

    A man acquitted of homicide and other charges for killing another man in a bar fight cannot continue his case against a Pennsylvania state trooper who he said violated his rights by arresting him and filing an affidavit in support of bringing charges despite knowing the suspect acted in self-defense, a Third Circuit panel has determined.

  • April 29, 2026

    Bausch Balks At Suspected Tweak In Price-Fixing Deals

    A stipulation between state attorneys general and private plaintiffs suing generic-drug makers for alleged price-fixing seems to reflect a change in the states' earlier deal to release claims against Bausch entities, the companies said in asking a Connecticut federal judge to maintain the status quo.

  • April 29, 2026

    Del. High Court Affirms Dismissal Of FTX Claim Deal Suit

    The Delaware Supreme Court has upheld a lower court's dismissal of a dispute over a failed attempt to purchase a multimillion-dollar claim tied to the collapse of onetime crypto giant FTX Trading Ltd., affirming that the case does not belong in Delaware courts.

  • April 28, 2026

    Duracell Loses Bid To Ax BASF's Lithium Battery Secrets Suit

    Battery-maker Duracell cannot escape chemical company BASF Corp.'s lawsuit accusing it of stealing trade secrets about its lithium battery technology after gaining access to the information through a cooperation agreement, a Delaware federal judge ruled Tuesday.

  • April 28, 2026

    Judge Grants Mortgage Broker Stock Sale Notice

    A Delaware bankruptcy judge on Tuesday allowed bankrupt home lending broker Impac Mortgage to continue to control the sale of its stock after hearing that millions of dollars in transactions took place despite an emergency order he entered Monday to restrict trading.

  • April 28, 2026

    Uber, Drivers Drop Appeal In Yearslong Misclassification Fight

    A group of Uber Black drivers and the ride-hailing company agreed Tuesday to dismiss the drivers' appeal before the Third Circuit in a protracted worker classification dispute that has spanned a decade, according to a federal court filing.

  • April 28, 2026

    Ex-Exec, Korean Chip Co. Clash Over $2.36M Buyback

    A Korean semiconductor company specializing in memory chips clashed with a former executive in Delaware Chancery Court on Tuesday over whether a $2.36 million stock buyback stripped him of the right to sue before he filed a records request action.

  • April 28, 2026

    Flipcause Converted To Chapter 7 After Sale, Creditor Deal

    A Delaware judge Tuesday agreed to convert the bankruptcy of charity financial technology group Flipcause to a Chapter 7 liquidation after its Chapter 11 trustee sold its assets and reached a settlement with creditors.

  • April 28, 2026

    Hikma, Cipla Cut Deals In Pfizer Heart Drug Patent Case

    Hikma Pharmaceuticals PLC and Cipla Ltd. have reached settlements with Pfizer Inc. in a case over the two defendants' efforts to create generic versions of the heart medication Vyndamax.

Expert Analysis

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Navigating Privilege Law Patchwork In Dual-Purpose Comms

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    Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.

  • Series

    Fly-Fishing Makes Me A Better Lawyer

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    Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.

  • 4 Ways GCs Can Manage Growing Service Of Process Volume

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    As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.

  • Series

    The Law Firm Merger Diaries: Forming Measurable Ties

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    Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.

  • Del. Dispatch: What Tesla Decision Means For Exec Comp

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    The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.

  • 5 E-Discovery Predictions For 2026 And Beyond

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    2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.

  • What's On Deck In Tribal Nations' Prediction Markets Litigation

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    Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.

  • Series

    Judges On AI: How Courts Can Boost Access To Justice

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    Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.

  • Opinion

    The Case For Emulating, Not Dividing, The Ninth Circuit

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    Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.

  • 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.

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