Catching Up With Delaware's Chancery Court

By Jeff Montgomery

A pair of new high-dollar suits in Delaware's Court of Chancery showed last week that post-deal stock appraisal suits still have legs, despite some efforts to reduce potential from deal-price gains challenges. The week ended with Delaware's justices nipping $100 million from the attorney fees owed by Tesla CEO Elon Musk from $176.2 million to roughly $70.9 million, rejecting part of a Court of Chancery fee calculation.

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CD&R To Pay $70M To Settle Covetrus Sale Dispute

By Sydney Price

Private equity firm Clayton Dubilier & Rice LLC and others have agreed to pay $70 million to settle a suit in Delaware's Court of Chancery by shareholders of animal health company Covetrus Inc. accusing them of failing to disclose vital information to shareholders when joining forces with another private equity firm to acquire Covetrus in 2022.

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Del. Justices Won't Revive Suit Over Twitter Stock Sale Loss

By Jeff Montgomery

Delaware's Supreme Court rejected on Monday a Washington state software engineer's late-filed, pro se attempt to resurrect a suit seeking damages after his sale of Twitter shares when Elon Musk briefly balked at a $44 billion closing on his company in 2024.

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Chancery Keeps Coinbase Insider Trading Suit Alive

By Jarek Rutz

The Delaware Chancery Court has refused to shut down a stockholder derivative suit accusing Coinbase Global Inc. insiders of reaping billions by selling shares ahead of a steep stock drop, concluding that the company's special litigation committee failed to meet Delaware's exacting independence standards.

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Law360 Seeks Members For Its 2026 Editorial Boards

Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.

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Del. Lawmakers OK Review, Revision Of Property Assessment

By Zak Kostro

Delaware would authorize New Castle County's Office of Finance to review and revise property reassessments for tax purposes if a mistake were made in the reassessment process or certain changes in value occurred under a bill approved by state lawmakers and headed to the governor.

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Trump Admin's Bid To End Haitian Protections Paused

By Rae Ann Varona

A D.C. federal judge on Monday postponed the Trump administration's termination of temporary protected status for Haitians, saying five Haitian nationals who sued the administration are likely to succeed in showing that the termination is unlawful.

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Honeywell Faces Bid For Fee Advancement In Russia Case

By Jarek Rutz

The Delaware Chancery Court on Monday heard a sharply contested argument over whether a former Honeywell executive is entitled to advancement of legal fees tied to Russian insolvency and customs proceedings, as well as "fees on fees," in a dispute that turned less on the underlying foreign matters than the mechanics of Delaware advancement law.

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Bausch, Lannett To Pay $17.9M In Drug Price-Fixing Deal

By Abigail Harrison

Lannett Company Inc., Bausch Health US LLC and Bausch Health America Inc. will pay $17.85 million to settle allegations by 48 states and territories that they conspired to fix prices for generic drugs, according to a motion filed Monday seeking preliminary approval of the deal.

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Investment Firm Hits Ch. 11 In Delaware With $100M+ Debt

By Emlyn Cameron

Two companies, investment company Michal International Investment LLC and MII Aviation Services LLC, filed for bankruptcy in Delaware, listing liabilities of at least $10 million and $100 million, respectively.

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Data Co. Seeks Liquidation With $194M Debt

By Emily Lever

Marketing research company Premise Data has filed for Chapter 7 liquidation in Delaware bankruptcy court, listing $194 million of debt and seeking to wind down after selling what it says was the most viable portion of its business.

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3rd Circ. Affirms Fee Awards For Immigration Habeas Actions

By Tom Lotshaw

A Third Circuit panel ruled federal law authorizes attorney fee awards for immigrants who successfully challenge their detention through habeas actions, affirming awards made to two noncitizens who were detained for over a year and denied bond hearings.

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'Star Trek'-Citing Judge Says Moderna Can't Ax $5B Vax IP Suit

By Lauren Berg

Moderna Inc. will have to face most of a rival mRNA vaccine developer's $5 billion patent suit over the company's COVID-19 vaccines at a trial in Delaware, a federal judge ruled on Monday, invoking "Star Trek" in a summary judgment order that left issues like patent invalidity up to the jury.

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Teamsters Look To Ax Kraft Heinz's Challenge To Grievance

By Emily Brill

Kraft Heinz shouldn't be allowed to scuttle a benefits fight by arguing that it should have been routed through the company healthcare plan's dispute resolution process, a Teamsters local told a Delaware federal judge, saying the dispute can be resolved through the grievance and arbitration process.

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Series

The Biz Court Digest: Dispatches From Utah's Newest Court

While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

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Paul Weiss Chair's Emails To Epstein Include Apollo Info

By Aebra Coe

Files released by the Department of Justice over the weekend belonging to the late billionaire Jeffrey Epstein show a yearslong relationship between Epstein and Paul Weiss chair Brad Karp, which included dinners, phone calls and meetings, as well as communication related to Paul Weiss client Apollo Global Management.

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Ex-Goldstein Employee Claims Accountants Made Mistakes

By Jared Foretek

Defense attorneys for SCOTUSblog founder Thomas Goldstein presented evidence Monday that his firm's tax accountants made serious mistakes in tax filings for Goldstein's wife, Amy Howe, in 2021.

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6th Circ. Clears Judge Boasberg In DOJ Ethics Complaint

By Courtney Bublé

The complaint the U.S. Department of Justice filed against Chief U.S. District Judge James Boasberg of the District of Columbia has been dismissed.

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Analysis

Wheeling & Appealing: The Latest Must-Know Appellate Action

By Jeff Overley

What happened to a GOP donor's $250,000 Swiss watch? Can cigarette warnings show jarring medical images? Will a circuit split of "far-reaching importance" for arbitration get even wider? That's a taste of the oral argument menu we'll help you digest in this preview of February's top appellate action.

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Fenwick Reaches Deal In FTX Crypto Scam Suit

By Madison Arnold

Fenwick & West LLP and victims of the infamous FTX Trading Ltd. cryptocurrency scam are working toward a settlement in a case over the firm's alleged role in the trading platform's collapse.

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Watchdog Renews Halligan Bar Complaint After Court Rulings

By Emily Sawicki

The nonprofit Campaign for Accountability on Monday once again launched a bar complaint against former interim U.S. Attorney Lindsey Halligan in Virginia, after the Virginia State Bar declined to pursue an ethics investigation against the attorney last year, calling it a matter for the courts to determine.

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Brief

Judiciary Open As Usual Until Thursday Despite Shutdown

By Courtney Bublé

The federal judiciary has enough funding to sustain normal operations until Thursday, following the partial government shutdown that started at midnight on Saturday.

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DOJ Defends NJ US Atty Office Funding Amid Scrutiny

By Matthew Santoni

Defending the three-person leadership structure of New Jersey's federal prosecution operations since the departure of Alina Habba, an administrator told a federal court that two of the attorneys running the office are paid through the office's budget and the third is funded through the U.S. Department of Justice.

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Monthly Merger Review Snapshot

By Matthew Perlman

U.S. enforcers reached three new merger settlements, while the Federal Trade Commission successfully blocked a $945 million heart valve deal and lodged an appeal for its case targeting Meta's past acquisitions.

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The Top In-House Hires Of January

By Sue Reisinger

Legal department hires over the first month of 2026 included high-profile appointments at SiriusXM, at a host of West Coast tech companies including Microsoft and Meta, and at Black & Decker. Law360 Pulse looks at some of the top in-house announcements from January.

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