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Delaware
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February 05, 2026
Deel Loses Bid To DQ Quinn Emanuel In Trade Secrets Fight
Payroll and human resources company Deel Inc. cannot have Quinn Emanuel Urquhart & Sullivan LLP disqualified from representing its competitor Rippling in a trade secrets fight, a Delaware judge ruled Thursday, saying there is no "clear conflict" that would require booting the BigLaw firm.
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February 05, 2026
FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told
Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.
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February 05, 2026
Tyson Won't Have To Hand Over Poultry Welfare Records
The Delaware Chancery Court on Thursday recommended against greenlighting a Tyson Foods Inc. stockholder's effort to obtain wide-ranging internal records about poultry welfare and labor practices, concluding the plaintiff failed to show a credible basis to suspect corporate wrongdoing that would justify further inspection.
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February 05, 2026
Defunct Gov't Contractor Found In Contempt Of Asset Freeze
The U.S. Bankruptcy Court for the District of Delaware has held the owners and affiliates of a defunct government contractor in contempt for violating a court-ordered asset freeze, concluding that they improperly sold a Missouri property that had been expressly barred from transfer while a $14 million clawback suit proceeds.
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February 05, 2026
Nicklaus Golf Co. Gets $50M Baseline Bid For Licensing Biz
A $50 million offer from brand manager Iconix International will be the baseline bid for a Chapter 11 auction of licensing rights for golf legend Jack Nicklaus' name, rights holder GBI Services has told a Delaware bankruptcy judge.
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February 04, 2026
Class Attys In Del. Northwest Biotherapeutics Praise Deal
Delaware Chancery Court has lined up a March 16 settlement hearing for a four-year stockholder lawsuit alleging insiders of Northwest Biotherapeutics Inc. received $40 million in stock awards, with proposals including a call for the company to forfeit nearly 22.9 million stock options and it receiving $2.25 million.
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February 04, 2026
Oracle Oversold AI Infrastructure Spending, Investor Says
An Oracle Corp. shareholder has accused the company in Delaware federal court of overly promising that its increased spending on artificial intelligence infrastructure would accelerate revenue growth despite concerns about its increasing contractual reliance on OpenAI, saying OpenAI itself is beholden to "AI tailwinds continuing and its models being a market leader."
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February 04, 2026
American Signature Furniture Gets Ch. 11 Sale OK In Del.
The bankrupt American Signature Furniture secured approval late Wednesday to move forward with a nearly $159 million sale to its top creditors — interests of the Schottenstein family of companies — after they emerged as the sole bidders in the company's Chapter 11 sale in Delaware.
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February 04, 2026
3rd Circ. Asks If Death Scene Photo Row Is Privacy Matter
The Third Circuit on Wednesday pondered whether the mother of a man who jumped from a bridge to his death was entitled to privacy after a Philadelphia police officer shared a photo of the man's death scene, focusing its questioning on whether there was a reasonable expectation of privacy concerning a public death.
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February 04, 2026
Chancery Asked For 120-Day Stay Of Virgin Galactic Suit
The Delaware Chancery Court has been asked to temporarily pause a stockholder derivative suit accusing Virgin Galactic founder Richard Branson and other leaders of the spaceflight company of concealing safety risks while selling stock, as related litigation over similar allegations moves toward possible settlement in federal court.
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February 04, 2026
3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial
A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.
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February 04, 2026
FERC Says Rejection Of PJM Grid-Planning Change Was Sound
The Federal Energy Regulatory Commission has defended its rejection of a plan that PJM Interconnection, a regional transmission organization, brokered with transmission owners to make grid-planning decisions without the approval of the regional grid operator's members committee, saying the plan would undermine the independence of PJM.
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February 04, 2026
Stockholders Ask Del. Justices To Revive Bylaw Suits
Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.
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February 03, 2026
ImmunityBio Stockholder Targets Soon-Shiong In Chancery
The Delaware Chancery Court on Tuesday heard arguments over whether biotech billionaire Patrick Soon-Shiong and ImmunityBio Inc.'s board breached their fiduciary duties by approving insider financing that allegedly allowed him to secure equity at deeply discounted prices as the company neared regulatory approval for its lead cancer drug.
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February 03, 2026
Chancery Slashes Mootness Fee Proposal In Bolt Suit
A Delaware vice chancellor on Tuesday pruned to $4.1 million a $7.5 million attorney fee request for litigation that ended with cancellation of more than $37 million in Bolt Financial Group shares used by a company controller to secure a later-defaulted-upon, company-guaranteed loan.
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February 03, 2026
Insurer Sues In Del. To Block Bausch & Lomb Suit In La.
Pointing to dispute resolution terms in an eye care product acquisition, an insurer has sued in Delaware's Court of Chancery for a preliminary injunction barring Bausch & Lomb Americas Inc. and affiliates from pursuing coverage for a suit filed in Louisiana despite an alleged Delaware-only forum restriction.
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February 03, 2026
3rd Circ. Says Law Silent On Duty To Pay For Tendered Shares
In a precedential ruling Tuesday, the Third Circuit upheld a ruling in favor of a company that snubbed "sponsor" stockholders' tendered shares as invalid, ruling that the dismissal of the investors' suit over the rejection was proper since the law was silent on a tender offeror's duty to purchase shares.
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February 03, 2026
Novartis, Sandoz Face New Generic-Drug Price-Fixing Suit
Adding to sprawling antitrust litigation against pharmaceutical giants, 42 states and territories sued Novartis AG, Sandoz AG and other drug companies in Connecticut federal court Monday, alleging that the companies colluded for years to fix prices and control markets for generic drugs.
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February 03, 2026
Pharma Co. Stole Secrets For LSD Medical Trials, Suit Says
A clinical trial services company is suing Definium Therapeutics Inc. in Delaware federal court, alleging that it stole trade secrets during Phase 2 trials of LSD treatments for psychiatric disorders, then passed those secrets on to a rival services company for Phase 3 trials.
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February 03, 2026
3rd Circ. Says Contractor Payments Not Payroll Costs For PPP
The Third Circuit sided with the Small Business Administration on Tuesday in the case of an IT company seeking full forgiveness of a $7.2 million Paycheck Protection Program loan, ruling that the SBA was within its rights to deny forgiveness because the company's payments to independent contractors did not count as "payroll costs."
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February 03, 2026
Co. Accused Of Threatening Boeing With $31M Demand
A Connecticut-based aerospace company accused its former subsidiary of threatening to cease certain contracts with Boeing unless the defense giant pays an additional $31 million, telling Delaware's Chancery Court the former subsidiary is risking a "critical" customer relationship.
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February 03, 2026
Del. High Court Revives Noncompete Over Forfeited Equity
The Delaware Supreme Court on Tuesday revived a fire and life-safety services company's bid to enforce postemployment restrictive covenants against a former executive, rejecting a lower court's conclusion that those covenants became unenforceable once the executive forfeited his incentive equity after being fired for cause.
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February 02, 2026
Trump Admin's Bid To End Haitian Protections Paused
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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February 02, 2026
Investment Firm Hits Ch. 11 In Delaware With $100M+ Debt
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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February 02, 2026
CD&R To Pay $70M To Settle Covetrus Sale Dispute
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.
Expert Analysis
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3 Notable Developments In Ch. 15 Bankruptcy This Year
Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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What Trump Order Limiting State AI Regs Means For Insurers
Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.
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4 Privacy Trends This Year With Lessons For Companies
As organizations plan for ongoing privacy law changes, 2025 trends that include a shift of activity from the federal to the state level mean companies should take an adaptive and principle-based approach to privacy programs rather than trying to memorize constantly changing laws, say attorneys at Sheppard Mullin.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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2025 Noncompete Developments That Led To Inflection Point
Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.
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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.
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Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave
The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.
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How New SEC Policies Shift Shareholder Proposal Landscape
U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation
On Dec. 12, the Eleventh Circuit will hear arguments in U.S. ex rel. Zafirov v. Florida Medical Associates, setting the stage for a decision that could drastically reduce enforcement under the False Claims Act, and presenting an opportunity to seek U.S. Supreme Court review of the act's whistleblower provisions, say attorneys at Epstein Becker.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.