Delaware

  • July 14, 2026

    States Will Get $18M From 23andMe Ch. 11 For Data Breach

    A week after a bankruptcy court approved a $46.75 million settlement between the DNA testing company 23andMe and data breach claimants, a coalition of more than 40 states announced Tuesday that they would share in an additional $18 million to resolve claims of unreasonable security practices.

  • July 14, 2026

    Pharma Cos. Clash In Del. Chancery Over Dental Drug License

    Ventis Pharma Inc. has sued Balanced Pharma Inc. in the Delaware Chancery Court, accusing its licensee of failing to make commercially reasonable efforts to develop and market a licensed dental anesthetic product and seeking a declaration that the companies' exclusive licensing agreement has been terminated.

  • July 13, 2026

    PDVSA Unit Says $131M Default Judgment Must Be Lifted

    A subsidiary of Venezuela's state-owned oil company has asked a Delaware federal judge to lift a $131 million default judgment against it in litigation filed by a Hong Kong goods distributor to enforce an arbitral award as it targets the country's interest in oil giant Citgo.

  • July 13, 2026

    Pot Co. Dismissal Fight In Del. Turns On Director Releases

    Investors suing cannabis company Parallel urged the Delaware Chancery Court on Monday to deny motions to dismiss their derivative suit, arguing that directors compromised their independence by granting themselves sweeping liability releases, while defense counsel countered that the releases provided no meaningful benefit beyond existing charter protections.

  • July 13, 2026

    J&J Asks 3rd Circ. To Block Return Of Ex-Worker's Fee Claims

    Johnson & Johnson has asked the Third Circuit to keep dismissed excessive fee claims out of a proposed class action alleging the company charged employees too much for a prescription drug benefits program, arguing that the lower court correctly tossed that portion of the suit for lack of standing.

  • July 13, 2026

    Ex-Viking Plastics CEO Seeks Advancement In Del. Chancery

    Former Viking Plastics CEO Kelly Goodsel has asked the Delaware Chancery Court to order VPI Acquisition LLC to advance his legal fees in litigation accusing him of fraud during the company's $40 million sale, arguing the purchase agreement mandates this because the claims stem directly from his service as chief executive.

  • July 13, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving corporate control, post-closing competition, executive departures, arbitration awards and shareholder litigation.

  • July 10, 2026

    Real Estate Recap: Housing Bill, Opportunity Zones, Florida

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the latest on the federal housing bill, the rollout of Opportunity Zones 2.0, and a look at Florida at the midyear.

  • July 10, 2026

    States' Stopgap Suit Aims To Shield K-12 Mental Health Grants

    Washington and 14 other states launched a preemptive lawsuit Friday to stop the Trump administration from ending federal grants for mental health programming in public schools, seeking to preserve the funding if the U.S. Department of Education succeeds in asserting new grounds for canceling the grants in a related case.

  • July 10, 2026

    Thermo Fisher Looks To Block Former Exec's Move To Fortrea

    Thermo Fisher is asking a Delaware court to prevent a former executive's move to a direct competitor following its $8.875 billion acquisition of Clario in March 2026, saying the new leadership role is in violation of contractual obligations negotiated as part of the acquisition.

  • July 10, 2026

    Del. Justices Nix $16M Fee Award In SpaceX Investment Fight

    The Delaware Supreme Court on Friday erased a $16 million fee award stemming from a dispute over a fund manager's handling of a failed $50 million SpaceX investment, concluding that although the fund manager committed a limited breach of a "duty of candor," shifting all litigation expenses to him was unwarranted.

  • July 10, 2026

    Texas Co.'s Defense Of UAE Unit Not Covered, Insurer Says

    An excess insurer said it owes no coverage to an environmental company for costs incurred in defending its United Arab Emirates-based subsidiary against arbitration in Singapore, telling a Delaware state court that the subsidiary does not qualify as an insured under the policy.

  • July 10, 2026

    SiFi Networks Wins Final Approval For $3.4M Ch. 11 Loan

    Privately-owned telecommunications company SiFi Networks America LLC can access $3.4 million in Chapter 11 financing from its prepetition lender and stalking horse bidder, a Delaware bankruptcy judge has determined.

  • July 10, 2026

    Conservative Investors Ask To Drop Airbnb Investor Suit

    Two right-leaning institutional shareholders who alleged Airbnb wrongly excluded shareholder proposals from proxy materials have asked a Delaware federal court to dismiss their dispute.

  • July 09, 2026

    Fed. Circ. Doubts $9M Atty Fees Without Dismissal Attempt

    A Federal Circuit panel didn't seem swayed Thursday that ChromaDex's patent infringement suit against Elysium Health had any merit, but the judges struggled to understand why Elysium never tried to dismiss a case it believed was so weak.

  • July 09, 2026

    Regeneron Cites Medtronic Ruling In Amgen Bundling Case

    Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

  • July 09, 2026

    3rd Circ. Unsure DHS Can Deny Virtual Access For Detainees

    The Third Circuit seemed skeptical of the federal government's argument Thursday that it had no obligation to offer immigrant detainees virtual access to state criminal courts, questioning whether the U.S. Department of Homeland Security was denying detainees' rights to a speedy trial or access to evidence.

  • July 09, 2026

    Supreme Court's Berk Med Mal Ruling Set For Test In Maine

    The U.S. Supreme Court's January ruling in Berk, which held that a federal plaintiff needn't follow Delaware's procedural rules for medical malpractice cases, is set for its first test in a Maine case in which healthcare provider defendants assert that the high court decision doesn't apply.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    3rd Circ. Questions Standing In DuPont, Corteva Appeals

    The Third Circuit on Thursday wrestled with whether to overturn a judge's verdict against chemical companies Corteva and DuPont in a suit from pensioners who claimed they were misled about how a merger and spinoff would affect their retirement benefits, with judges questioning the standing of individuals leading the suit. 

  • July 09, 2026

    Fed. Circ. Affirms AstraZeneca Win Over $107.5M Verdict

    The Federal Circuit on Thursday upheld a lower court's invalidation of a pair of cancer drug patents that a jury found AstraZeneca infringed, turning back a Pfizer unit's attempt to revive a $107.5 million verdict.

  • July 09, 2026

    States Flag Freedom Forever's Deal With Financier In Ch. 11

    A dozen states have objected to Freedom Forever's settlement with one of its key financing partners, telling a Delaware judge they were concerned about the deal's impacts on customer contracts with the bankrupt solar panel installer.

  • July 09, 2026

    Actavis Can't Escape State AG Generic Drug Claims

    A Connecticut federal court has trimmed several claims from state enforcers accusing Actavis of fixing prices for dermatology drug products but allowed most of the claims against the drugmaker to proceed.

  • July 08, 2026

    Samsung Accuses Netlist Of Patent 'Double-Dip' In Latest Suit

    Samsung has kicked off yet another lawsuit in its long-running intellectual property dispute with Netlist, this time claiming that Netlist is trying to "double dip" with a demand that Samsung take a second license to Netlist's patents covering semiconductor technology, according to a complaint filed in Delaware federal court Wednesday.

  • July 08, 2026

    Amazon Ordered To Give FTC Docs It Claimed Were Privileged

    A Washington federal judge ordered Amazon to give the Federal Trade Commission several documents sought in the agency's antitrust case and said a "re-review" of the online retailer's discovery is needed to ensure the company "does not continue to withhold documents based on an improper application of the attorney-client privilege."

Expert Analysis

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • Del. Chancery Has Signaled Decreased Use Of Its Blue Pencil

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    The Delaware Chancery Court's decision in BluSky Restoration Contractors v. Robbins not to enforce or rewrite overbroad language, known as blue-penciling, in key covenants shows that the sale of a business context no longer insulates these restrictive measures from judicial scrutiny, affecting transactions and litigation, says Aylin Daldal at Kleinbard.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Why IPR Slowdown Has Not Led To More Patent Litigation

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    Despite sustained strength in patent application filings and a decline in inter partes review and post-grant review, 2026 has not seen the anticipated surge in patent litigation in district courts and at the U.S. International Trade Commission, potentially due to four reasons, say attorneys at Sterne Kessler.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Operational AI Washing: Dismantling Claims Before Discovery

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    Operational AI washing claims can be rebuffed before discovery extracts their true costs by turning the documentary record established in earnings calls and public disclosures into a layered defense, which can exploit the Private Securities Litigation Reform Act’s heightened pleading standards, say attorneys at Akerman.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • Operational AI Washing: Fortifying The Disclosure Record

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    The same artificial intelligence-driven workforce narratives that once appeared in earnings calls and Form 8-Ks can easily become raw material for future operational AI washing claims, so companies must be careful when drafting public disclosures because winning a federal motion to dismiss starts months before a lawsuit is ever filed, say attorneys at Akerman.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

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