Delaware

  • July 20, 2026

    Apple Can't Get Judge To Toss Masimo's $634M Patent Verdict

    Apple has lost its bid to dodge a jury's finding that it owes $634 million for infringing a Masimo Corp. patent after a California federal judge rejected the tech giant's challenge to how the court construed a key term and its bid for a new trial.

  • July 20, 2026

    Del. Judge Rejects Fast-Track Bid For Agtech Co. Receiver

    The Delaware Chancery Court on Monday refused to fast-track a former HerdDogg Inc. founder's bid to place the agricultural technology company into receivership and denied her request for a temporary restraining order, finding she failed to show current evidence of insolvency or an imminent threat of irreparable harm.

  • July 20, 2026

    Trump Media Settles Claims With Ex-SPAC CEO In Fla. Suit

    The corporation that operates President Donald Trump's Truth Social website agreed to dismiss its lawsuit against the former CEO of a special purpose acquisition company over a botched public offering following a settlement between the parties in Florida state court. 

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Fed. Circ. Told Decision Clearing Sirius In Patent Case Flawed

    German research institute Fraunhofer-Gesellschaft has urged the Federal Circuit to revive its patent suit against SiriusXM, saying a lower court made various errors when deciding that the satellite radio giant relied on a delay in bringing the suit.

  • July 20, 2026

    3rd Circ. Deems ADA Claims Untimely, Flags Misquotes

    A Pennsylvania hospital employee disclosed her diabetes too late and did not clearly ask for accommodation before she was fired for sleeping on the job, a Third Circuit panel ruled Monday, additionally sanctioning her attorney for filing a minor motion that possibly contained artificial intelligence hallucinations.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving intellectual property, corporate control, fiduciary duties, artificial intelligence, trust administration and cryptocurrency litigation.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    US Seeks Toss Of Arbutus Patent Suit Over Moderna Vaccine

    The federal government asked the U.S. Court of Federal Claims on Friday to dismiss much of a patent suit against it by Arbutus Biopharma tied to Moderna's COVID-19 vaccine, saying the court couldn't hear the bulk of the case because Arbutus and Moderna reached a multibillion-dollar consent judgment that is subject to appeal.

  • July 17, 2026

    Judge Says OMB Can't Change Grant Terms After Award

    A Massachusetts federal judge said Friday the Trump administration cannot rely on a shift in policy to retroactively change the terms of already awarded grants in order to justify canceling them.

  • July 17, 2026

    Del. Says Counter-Counterclaims Are Allowed In Crypto Case

    The Delaware Chancery Court has recommended denying a cryptocurrency holding company's bid to throw out a former executive's breach of contract claim, concluding that Delaware's procedural rules permit so-called "counter-counterclaims" and rejecting arguments that the claim was barred by res judicata or was untimely under the doctrine of laches.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    States Ask To Join Fight Against DOD Wind Project Blockage

    Nearly 20 states have told an Oregon federal judge they want in on a lawsuit challenging the Trump administration's decision to block land-based wind projects in the U.S. from moving forward.

  • July 17, 2026

    Rivian Hit With Chancery Derivative Suit Over EV Demand

    A Rivian Automotive Inc. stockholder has filed a derivative lawsuit in the Delaware Chancery Court accusing the electric-vehicle maker's current and former directors and officers of misleading investors about customer demand, production growth and the company's path to profitability, allegedly exposing Rivian to significant legal costs and potential liability.

  • July 17, 2026

    Bankrupt Pa. City Can Keep Disputed Revenue, 3rd Circ. Says

    The Third Circuit ruled Friday that the bankrupt city of Chester, Pennsylvania, gets to keep income from a casino, a trash incinerator and other sources that secured its debt, finding that its creditors' liens on the revenues did not survive Chester's Chapter 9 filing.

  • July 17, 2026

    States Stepping Up Merger Work In First Half Of 2026

    Federal enforcers reached a number of merger settlements in the first half of 2026, while state attorneys general stepped up their independent enforcement efforts, taking on Nexstar's planned purchase of rival broadcaster Tegna and Paramount's deal for Warner Bros. Discovery.

  • July 16, 2026

    Fed. Circ. Asked Not To Shift Moderna Vax Patent Case To Gov't

    Drugmakers like Novartis, former federal judges, a startup group and others have urged the Federal Circuit to reject calls to shift liability in a COVID-19 vaccine patent suit against Moderna to the federal government, saying that doing so would undermine patent rights.

  • July 16, 2026

    American Signature Seeks OK To Sell Google Antitrust Claims

    Bankrupt furniture retailer American Signature Inc. has asked a Delaware bankruptcy judge for permission to sell its potential antitrust claims against Google for about $5.76 million, arguing that converting an uncertain litigation asset into immediate cash is the best way to maximize value for creditors while avoiding the costs and risks of pursuing the claims itself.

  • July 16, 2026

    3rd Circ. Partly Revives Hospitals' ERISA Suit Against Cigna

    The Third Circuit on Thursday revived some ERISA contract claims in a New Jersey hospital network's suit alleging Cigna underpaid out-of-network reimbursements by $114 million, but backed the dismissal of the network's fiduciary duty claims.

  • July 16, 2026

    Chancery Lets Discovery Proceed In Bikini Atoll Trust Suit

    The Delaware Chancery Court has ruled that Fifth Third Bank must participate in discovery in litigation accusing Arden Trust Co. of mismanaging two congressionally created trust funds for displaced Bikini Atoll residents, while putting on hold Arden's separate claim seeking indemnification from the bank until the underlying case is resolved.

  • July 16, 2026

    Richards Layton Apologizes For AI Errors In Chancery Case

    Richards Layton & Finger PA and one of its attorneys have apologized to the Delaware Chancery Court for submitting a filing with errors generated by artificial intelligence, asking that sanctions not be imposed.

  • July 16, 2026

    McDermott Atty Denies Pressuring Friend To Alter Testimony

    A McDermott Will & Schulte LLP attorney has told a Delaware vice chancellor that he is in "complete shock" and "hurt" by a longtime friend's contention that he pressured him to change his testimony in a Chancery Court case, saying the accusation "is false and without any merit."

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Paramount-Warner Bros. Deal Tainted By Bribery, Suit Says

    A Paramount Skydance Corp. stockholder seeking to block Paramount's proposed $110 billion merger with Warner Bros. Discovery alleges in a new suit that Oracle co-founder Larry Ellison and his son and Paramount CEO David Ellison have promised "illegal, private benefits" to President Donald Trump to secure regulatory approval for the deal.

Expert Analysis

  • 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.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Operational AI Washing: The Section 220 Information Strategy

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    Plaintiffs filing AI washing claims will likely use Section 220 of the Delaware General Corporation Law to obtain internal board records, but 2025 amendments have fundamentally changed the landscape of presuit shareholder document demands in ways that create both risk and opportunity for companies, say attorneys at Akerman.

  • Del. Dispatch: The Hurdles To Early Fraud Claim Dismissal

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    Particularly where the alleged facts may suggest potentially blatant or egregious misconduct, the pleading-stage standards highlighted in the Delaware Court of Chancery's recent decision in Diem v. Maisonette provide a ready route for the nondismissal of claims before a trial, say attorneys at Fried Frank.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

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