Delaware

  • January 12, 2026

    Del. Jurist Cites 'Troubling' Questions In Cashout Suit

    A Delaware vice chancellor described as "troubling" on Monday unsettled questions in a stockholders' amended suit alleging an unfair recapitalization that allegedly forced out Bioventix Inc. common stockholders for a penny per share ahead of a new financing, asking how much discovery had been taken before filing of the complaint.

  • January 12, 2026

    House Passes Bill To Double Ch. 7 Trustee Fee

    A bipartisan bill doubling the fixed per-case fees for Chapter 7 trustees is headed to President Donald Trump for a signature, after the U.S. House of Representatives passed it Monday night.

  • January 12, 2026

    Paramount Sues In Del. For Warner Bros., Netflix Merger Facts

    Paramount Skydance Corp. sued Warner Bros. Discovery Inc. in Delaware Chancery Court Monday for court-compelled disclosure of more details on WBD's proposed $82.7 billion tie-up with Netflix, and reported that it plans to run a slate of candidates for WBD's board to push Paramount's offer.

  • January 12, 2026

    Del. Court Blocks Presuit Damages On Agilent Patent

    A Delaware federal court ruled that laboratory equipment company Agilent Technologies couldn't collect damages for any alleged infringement of one of its patents prior to the filing of its intellectual property lawsuit against biotechnology business Axion BioSystems.

  • January 12, 2026

    Chancery Tosses Repsol Claims Against Winston & Strawn

    The Delaware Chancery Court on Monday dismissed counterclaims brought by Repsol Renewables North America Inc. against Winston & Strawn LLP and one of its partners, ruling that Delaware law does not permit contract-based aiding-and-abetting claims and that Winston & Strawn did not owe fiduciary duties to a minority member in a limited liability company.

  • January 12, 2026

    US Magnesium Creditors Say Sale Process Was Rigged

    The unsecured creditors committee in the U.S. Magnesium bankruptcy has urged a Delaware bankruptcy judge to not give the company permission to sell its assets to its parent company, accusing the parent of manipulating the transaction to grab the assets while leaving other creditors behind.

  • January 12, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.

  • January 12, 2026

    Justices Won't Hear Hertz's $272M 'Solvent Debtor' Appeal

    The U.S. Supreme Court said Monday it will not hear an appeal by reorganized rental car giant Hertz Corp. of a Third Circuit decision that it owes $272 million to unsecured creditors from its 2020 bankruptcy.

  • January 12, 2026

    Supreme Court Won't Hear Appeal Of Boy Scouts Ch. 11 Plan

    The U.S. Supreme Court will not hear an appeal by sexual abuse claimants in the Boy Scouts of America's bankruptcy case arguing the Third Circuit got it wrong when it said it can't undo transactions in the organization's Chapter 11 plan.

  • January 12, 2026

    Justices Won't Hear If Atty Needs Client's OK To Admit Crime

    The U.S. Supreme Court on Monday declined to review a New Jersey man's conviction for unlawfully possessing a firearm as a felon, a case that asked if a lawyer could admit part of a crime on a client's behalf when the client himself objected.

  • January 09, 2026

    Bernstein Litowitz Asks To Exit $13B Endeavor Stock Suit

    Bernstein Litowitz Berger & Grossmann LLP asked the Delaware Chancery Court on Friday to allow its attorneys to withdraw as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.

  • January 09, 2026

    Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims

    A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.

  • January 09, 2026

    Real Estate Recap: Predicting '26

    Catch up on this past week's developments by state from Law360 Real Estate Authority — including key asset classes and pending litigation to watch in the new year.

  • January 09, 2026

    Energy Co. Members Sue In Del. Over 'Musk-Like' Power Grab

    Principals of a Delaware-chartered solar energy venture serving developing areas, including in Africa, have sued for Delaware Court of Chancery rulings affirming control of the business, citing moves by a manager who allegedly "hijacked" it, likening himself to Elon Musk and enriching himself, his family and friends.

  • January 09, 2026

    States Cite Ed. Dept. Outsourcing In Revamped Suit

    Democratic state attorneys general added fresh allegations Friday to an ongoing lawsuit over cuts to the U.S. Department of Education, saying the Trump administration has begun offloading some of the department's functions to other agencies.

  • January 09, 2026

    Biopharma Co. Secures D&O Coverage For Shareholder Suit

    A biopharmaceutical company is entitled to coverage for a suit alleging its board breached fiduciary duties under a pair of primary and excess directors and officers policies, a Delaware state court ruled, saying the suit is "meaningfully linked" to a previously noticed demand for books and records.

  • January 09, 2026

    Gaming Co., Founders Spar Over Survival Game Earnout

    A Delaware Chancery Court judge on Friday pressed lawyers for a video game studio's founders and its South Korean parent on sharply divergent explanations for why the founders were fired and control of the company seized, as the sides argued over post-trial relief in a fast-tracked earnout dispute tied to a potential $250 million payout.

  • January 09, 2026

    4 Argument Sessions That Benefits Attys Should Watch In Jan.

    The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.

  • January 09, 2026

    3rd Circ. Upholds Prudential's Win In 401(k) Suit

    A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.

  • January 09, 2026

    How New Judges Can Quell Patent Litigation Fears

    Patent litigation has a reputation for being particularly complex due to its technical content, which can be intimidating for litigants, attorneys and judges alike. In the first of a two-part series, several judges in the trenches of patent law spoke with Law360 about how new judges can make patent litigation less overwhelming.

  • January 09, 2026

    Skechers, Tech Co. Investors Sue For Stock Appraisals In Del.

    New entrants have joined two stock appraisal suits now before Delaware's Court of Chancery, potentially adding millions to the stakes in existing battles over the value of shares of footwear venture Skechers Inc. and restaurant software company Olo Inc.

  • January 08, 2026

    Venezuela Says Citgo Auction Marred By Conflicts

    Venezuela pressed the Third Circuit Thursday to overturn an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, arguing that the underlying attachment orders are void and that the proceeding was marred by "obvious" conflicts of interest.

  • January 08, 2026

    VW Can't Nix Bulk Of Tiguan Oil-Guzzling Defect Suit

    A New Jersey federal judge on Thursday denied the bulk of Volkswagen Group of America Inc.'s bid to dismiss a proposed class action from drivers in seven states who say their 2022 and 2023 Tiguan vehicles have a defect causing them to consume oil, saying the complaint sufficiently states most of its claims under the seven states' laws.

  • January 08, 2026

    Holding Co. Sued In Del. For 'Oppressive' Acts, Duty Breaches

    Alleging in part "oppressive abuse of discretion" and repeated failures to declare dividends despite a "half-billion-dollar surplus," two minority investors in Geneve Holdings Inc. have sued in Delaware's Court of Chancery for an order compelling five years of back dividend payments along with damages.

  • January 08, 2026

    3rd Circ. Upholds 24-Year Drug, Fraud Sentence

    A Third Circuit panel on Thursday upheld a roughly 24-year prison sentence imposed on a Pennsylvania man convicted of marijuana trafficking and wire fraud, rejecting arguments that the trial judge improperly relied on acquitted conduct, overstated the man's leadership role and imposed an excessive punishment.

Expert Analysis

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • $100K H-1B Fee May Disrupt Rural Healthcare Needs

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    The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • And Now A Word From The Panel: Choosing MDL Venues

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    One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

  • Courts Keep Upping Standing Ante In ERISA Healthcare Suits

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    As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.

  • Rare Del. Oversight Ruling Sends Governance Wake-Up Call

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    An unusual ruling from the Delaware Court of Chancery recently allowed Caremark oversight claims to proceed against former executives of a company previously known as Teligent, sending a clear reminder that boards and officers must actively monitor and document oversight efforts when addressing mission-critical risks, say attorneys at WilmerHale.

  • How Hyperlinks Are Changing E-Discovery Responsibilities

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    A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

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