Delaware

  • March 18, 2026

    Key Details As 3rd Circ. Ponders FCA's Fate, $1.6B J&J Fine

    Third Circuit judges Wednesday explored divergent views of the False Claims Act's constitutionality and a record fraud verdict against Johnson & Johnson, expressing little eagerness to gut the FCA's whistleblower mechanism, and voicing uncertainty about evidence and jury instructions underpinning the drug promotion punishment.

  • March 18, 2026

    13 State AGs Urge EPA To Walk Back 'Compliance First' Memo

    Attorneys general for New York, Massachusetts, Washington and 10 other states have called on the U.S. Environmental Protection Agency to rescind a December memo unveiling a "compliance first" approach to enforcement, arguing the strategy sidelines staff expertise and creates "bureaucratic bottlenecks" that will ultimately enable polluters.

  • March 18, 2026

    Texas Biz Court's Likely Role In Patent Fights Becoming Clear

    The Texas Business Court has released its first opinion exploring when intellectual property can be used to create jurisdiction, and attorneys say the decision involving state trade secret law offers insight into when patent matters can be pursued there.

  • March 18, 2026

    Ed. Dept. Flouting Mental Health Funding Order, States Claim

    The U.S. Department of Education is flouting orders that it fund K-12 mental health grants given to public schools by only partially funding the grants and threatening to withhold remaining funds, a group of state attorneys general told a Washington federal court.

  • March 18, 2026

    Chancery Keeps Philly Developer In Control Of Bourse Project

    The Delaware Chancery Court on Wednesday kept a Philadelphia developer in control of a high-profile redevelopment of the historic Bourse building, ruling that the company should remain in charge while a fast-moving dispute over its alleged ouster is litigated.

  • March 18, 2026

    White Ex-Penn State Prof Gets Traction In 3rd Circ. Bias Fight

    Penn State University faced headwinds at the Third Circuit on Wednesday as it pushed to preserve its trial court win over a white former professor's race discrimination suit, with one judge taking the school's attorney to task for categorizing the case as a broad attack on diversity, equity and inclusion programs.

  • March 18, 2026

    Ligado Asks Judge To Pause $100M Payment To Inmarsat

    A telecom company has asked a Delaware bankruptcy judge to let it delay a $100 million payment owed to satellite operator Inmarsat, arguing that Inmarsat's alleged breach of a key settlement agreement undermined the value of the deal and caused potentially significant harm.

  • March 18, 2026

    Axion Cleared Of False Advertising Before Agilent Patent Trial

    Ahead of a patent infringement trial set to begin next week, a Delaware federal judge has addressed false advertising claims against biotechnology firm Axion and ruled there was no genuine dispute that a set of Axion advertisements deceived customers.

  • March 18, 2026

    Biotech Investor Blames Pierce Atwood For Messy Asset Sale

    A Ukrainian billionaire who was recently ordered to pay other investors in a failed genetic testing company more than $1.8 million in damages is blaming the Pierce Atwood LLP lawyers who advised him on what a court later found to be a "fundamentally unfair" forced asset sale.

  • March 18, 2026

    Del. Allows County Subpoena Of Witnesses For Assessments

    Delaware authorized its counties to subpoena witnesses and evidence under certain conditions in disputes over nonresidential real property's assessed value as part of a bill signed by the governor.

  • March 17, 2026

    Bard And AngioDynamics Resolve 11-Year Patent Dispute

    A Delaware federal judge on Tuesday closed the book on a vascular port patent dispute between C.R. Bard and AngioDynamics that had been pending for over 11 years, citing a settlement after the Federal Circuit invalidated Bard patents that a jury said AngioDynamics infringed.

  • March 17, 2026

    Chancery Tosses Weapons Co. Suit, Says Claims Belong In NC

    A Delaware Chancery Court judge on Tuesday dismissed a weapons analytics company's suit seeking to force one of its founders to litigate a stock valuation dispute in Delaware, ruling that the claims belong in a parallel North Carolina action and stem from a different contract than the company asserted.

  • March 17, 2026

    Mich. AG Joins Fair Housing Laws Fight Against HUD Guidance

    Michigan's attorney general spoke Tuesday about joining 15 states and the District of Columbia in a California federal suit claiming the Trump administration undermines enforcement of fair housing laws by threatening to halt funding for local government programs protecting people discriminated against for gender and sexual orientation, among other things.

  • March 17, 2026

    NJ Justices Probe Daniel's Law Notification Requirement

    The New Jersey Supreme Court on Tuesday questioned whether a notice requirement in the state's judicial privacy law is enough to ensure that any person or entity that can be held liable under the law acted with negligence.

  • March 17, 2026

    3rd Circ. Upholds 8-Year Bid In Lottery Scam Targeting Elderly

    A Jamaican sentenced to more than eight years in prison for leading a lottery scam in New York City that fleeced at least eight elderly people of hundreds of thousands of dollars cannot escape his judgment, the Third Circuit said, upholding a district court's decision.

  • March 17, 2026

    BlockFills Can Tap Into Lender Cash For Now In Ch. 11

    Bankrupt cryptocurrency company BlockFills received interim authority to use the cash collateral of its secured lenders Tuesday as it began its pursuit of a customer-led restructuring in Delaware bankruptcy court.

  • March 17, 2026

    Edwards Beats Heart Valve IP Suit Just Before Trial

    A Delaware federal judge has ruled in favor of Edwards Lifesciences Corp. in a patent infringement suit brought against it by rival Aortic Innovations LLC, finding that the term "frame" as it appears in the patent claims lacks written description.

  • March 17, 2026

    Skechers Controllers Accused Of Unfair $9.4B 3G Buyout

    A Detroit pension fund is challenging the $9.4 billion take-private sale of Skechers U.S.A. Inc. to 3G Capital in Delaware Chancery Court, alleging the footwear company's controlling stockholders engineered an unfair deal that favored themselves at the expense of minority investors.

  • March 17, 2026

    Zoox Stockholders Push For Amazon Ex-Exec's Texts, Emails

    A pair of Zoox Inc. stockholders have asked the Delaware Chancery Court to force Amazon.com Inc. to provide additional documents in litigation challenging its $1.3 billion acquisition of the self-driving vehicle startup, arguing that a former Amazon executive's communications could shed light on particulars of the allegedly conflict-tainted deal.

  • March 16, 2026

    1st Circ. Affirms Block Of Trump's 'Unprecedented' Aid Freeze

    The First Circuit on Monday mostly upheld a lower court's order blocking the Trump administration from enacting a "sweeping and unprecedented categorical 'freeze' of federal financial assistance," ruling that the states involved in the suit will likely successfully show that the federal government acted arbitrarily and capriciously.

  • March 16, 2026

    3rd Circ. Allows YouTube History As Evidence In Fraud Case

    The Third Circuit Monday upheld the convictions of a New York man who defrauded elderly people with fake Publishers Clearing House prizes, rejecting his argument that the trial court improperly admitted evidence that he watched YouTube videos discussing such schemes in detail.

  • March 16, 2026

    Trump Admin Wants Student Loan Forgiveness Suits Tossed

    The Trump administration on Monday asked a Massachusetts federal judge to toss a pair of lawsuits challenging a change to eligibility requirements for student loan forgiveness, calling the potential repercussions from the new rule "speculative."

  • March 16, 2026

    States Sue Over Trump Cuts To Housing Bias Programs

    A group of 15 states and the District of Columbia claimed on Monday that the Trump administration is undermining their enforcement of fair housing laws by threatening to cut off funding from local government programs that enforce fair housing protections for people who are discriminated against for traits such as their sexual orientation.

  • March 16, 2026

    Teamsters Push For Arbitration In Kraft Heinz Benefits Suit

    A Teamsters local contended that a dispute with Kraft Heinz Co. over a healthcare benefits grievance must be arbitrated because it falls within the scope of the parties' collective bargaining agreement, the union told a Delaware federal judge.

  • March 16, 2026

    Amgen And Sanofi End Repatha IP Fight Heard By Justices

    Amgen Inc. and Sanofi have settled patent litigation over competing cholesterol drugs Repatha and Praluent, more than two years after they dueled at the U.S. Supreme Court, Sanofi confirmed Monday.

Expert Analysis

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • How DExit, Mandatory Arbitration Could Alter IPO Outlook

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    As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

  • Opinion

    3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

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    To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Risk Disclosure Lessons For AI Cos. From Dot-Com Era

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    Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Del. Coinbase Outcome May Have Been Different In Texas

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    The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.

  • Share Repurchases Leave Cos. Susceptible To Litigation

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    Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

  • 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

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    The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

  • Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity

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    The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

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