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Delaware
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January 28, 2026
Company Seeks Damages Despite Invalid Noncompetes
The Delaware Supreme Court on Wednesday probed how far employers can go in enforcing noncompete and nonsolicitation clauses tied to lucrative equity awards, pressing both sides in a dispute between Fortiline Inc. and Patriot Supply Holdings Inc. and a group of former executives on whether companies should be able to recover damages for alleged breaches even when lower courts have found the underlying restraints unenforceable.
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January 28, 2026
Criminal History Law Covers Job Seeker's Suit, 3rd Circ. Says
The Third Circuit reinstated a suit Wednesday from a job applicant who said a trucking company illegally rejected him because of a past armed robbery conviction, ruling that a Pennsylvania law that sets guardrails on the consideration of criminal histories in hiring applies to his case.
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January 28, 2026
3rd Circ. Appears Skeptical Of Quest's Early Win In 401(k) Suit
The Third Circuit on Wednesday pressed attorneys defending Quest Diagnostics Inc.'s pretrial defeat of a proposed class action from workers who alleged that their 401(k) savings were drained by underperforming investment funds, spotlighting the parties' disagreement over whether the lab company followed its own investment policy statement.
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January 27, 2026
Delaware Court Nixes Comerica-Fifth Third Merger Block
A premium deal price and lack of a competitive alternative justified the Court of Chancery's rejection of an injunction barring banking company Comerica Inc. from moving ahead with a $10.9 billion acquisition by Fifth Third Bancorp, a Delaware vice chancellor said in a letter decision released late Monday.
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January 27, 2026
Chancery Keeps Alive Jefferies Claims In EV Co. SPAC Suit
Aiding and abetting and breaches of fiduciary duty claims went forward in Delaware Chancery Court on Tuesday against Jefferies LLC in connection with the $1.4 billion take-public blank check company merger of electric vehicle company Electric Last Mile Solutions Inc.
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January 30, 2026
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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January 27, 2026
Squires Cements Deshpande's Role As Top PTAB Judge
U.S. Patent and Trademark Office Director John Squires has named Kalyan Deshpande to serve as the Patent Trial and Appeal Board's chief judge.
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January 27, 2026
Del. Supreme Court Backs Harman In $28M Coverage Fight
The Delaware Supreme Court on Tuesday affirmed a lower court ruling requiring insurers to cover a $28 million settlement paid by Harman International Industries Inc. to resolve stockholder litigation over its $8 billion sale to Samsung Electronics Co. Ltd., rejecting arguments that the payment amounted to a prohibited postdeal "bump-up" in merger consideration.
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January 27, 2026
Offit Kurman Beats Appeal In $40M Malpractice Suit
The Pennsylvania Superior Court has ruled that a lower court properly granted summary judgment in favor of Offit Kurman and two of its lawyers in a legal malpractice case.
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January 27, 2026
Regional Alaska Airline Hits Ch. 11 With $65.7M Of Debt
The parent company of New Pacific Airlines filed for Chapter 11 protection in Delaware on Monday along with several affiliates, listing about $65.7 million of debt and saying its regional Alaskan flight routes proved to be financially unsustainable in the years after the COVID-19 pandemic.
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January 27, 2026
Clinic Workers' Vax Bias Suit Needs 2nd Look, 3rd Circ. Says
A split Third Circuit panel reinstated a religious bias suit claiming Geisinger Medical Center illegally required workers who opposed its COVID-19 vaccine mandate to undergo nasal testing, saying the employees should have been allowed to explore whether a chemical in the nasal swabs made that accommodation unreasonable.
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January 27, 2026
Chancery Tosses Retiring BDO USA Partner's Equity Case
The Delaware Chancery Court has dismissed a former partner of a major accounting firm's lawsuit challenging the company's decision to strip him of equity status after he announced plans to retire, holding that the governing partnership agreement gave the firm's board unfettered discretion to do exactly that.
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January 26, 2026
Minn. Judge Probes Limits Of ICE Enforcement Actions
A Minnesota federal judge on Monday considered whether to preliminarily block the Trump administration from sending thousands of immigration enforcement officers to the state, questioning if the surge is a coercive federal act in violation of state sovereignty.
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
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January 26, 2026
Navy SEAL-Turned-MrBallen YouTuber Sues Ex-CEO in Del.
A former Navy SEAL-turned-internet storyteller has asked the Delaware Chancery Court to unwind a reorganization of the company he started and strip a onetime business partner of control rights, alleging the deal was procured through fraud, breaches of fiduciary duty and the concealment of material facts about company finances and a key podcast licensing agreement.
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January 26, 2026
Full 3rd Circ. Passes On Alina Habba DQ Challenge
The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.
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January 26, 2026
3rd Circ. Won't Revive Challenge To Fund For Bilked Clients
A suspended attorney who was previously disbarred and jailed for a job-selling scheme within the Pennsylvania auditor general's office in the 1980s can't sue a state fund for compensating his clients after he allegedly siphoned money from their trust account, the Third Circuit ruled Monday.
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January 26, 2026
35 AGs Demand X Crack Down On Grok Sexual Deepfakes
A group of 35 attorneys general sent a letter to xAI, an arm of the social media network formerly known as Twitter, to demand stronger action curtailing its Grok chatbot from altering pictures on its site to be sexually explicit or revealing.
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January 26, 2026
Remote Discovery Tech Co. Alleges Fraud In Del. Suit
A tech company that developed self-service applications for remote data collection from smartphones has launched a seven-count suit in Delaware's Court of Chancery accusing a product reseller of copying the application's functions and features and marketing competing versions.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
Healthcare Rewards Co. Sues Partner Over Alleged Tech Theft
A California-based healthcare technology company has sued in Delaware Chancery Court, accusing a longtime business partner of secretly stealing its proprietary rewards technology, then attempting to terminate their contract years early after building a competing product in-house.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 23, 2026
Trump Admin's EV Infrastructure Funding Pause Vacated
A Seattle federal judge said Friday that President Donald Trump's administration overstepped its statutory powers and broke federal law by abruptly freezing approved funding for new electric vehicle charging infrastructure last year, vacating the program's suspension and siding with 20 states and environmental groups who challenged the move.
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January 23, 2026
Real Estate Recap: HUD, Corporate Landlords, Atty Errors
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the U.S. Department of Housing and Urban Development may be shifting focus, what President Donald Trump's executive order on investment in single-family homes means for Wall Street, and a look at some of the mistakes made by real estate attorneys.
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
Expert Analysis
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Del. Dispatch: What Tesla Decision Means For Exec Comp
The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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What's On Deck In Tribal Nations' Prediction Markets Litigation
Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Opinion
The Case For Emulating, Not Dividing, The Ninth Circuit
Champions for improved judicial administration should reject the unfounded criticisms driving recent Senate proposals to divide the Ninth Circuit and instead seek to replicate the court's unique strengths and successes, says Ninth Circuit Judge J. Clifford Wallace.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Citgo Ruling Offers Award Enforcement Road Map
A recent opinion from the Delaware federal court approving a $5.892 billion bid for Citgo Petroleum shares brings the long-running enforcement of the Crystallex arbitration award against Venezuela closer to resolution and offers crucial lessons for creditors pursuing sovereign debt, says Vitaly Morozov at Pierson Ferdinand.
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Chancery Exec Noncompete Ruling Offers PE Buyer Lessons
In Derge v. D&H United Fueling Solutions, the Delaware Court of Chancery sided with a private equity-backed portfolio company by enforcing a noncompete against an executive, providing private equity buyers with a checklist of factors for an enforceable noncompete in the sale-of-business context, says Danielle Asaad at Squire Patton.
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Reviewing 2025's Artificial Intelligence Disputes Over IP
2025 brought the first major fair use rulings involving generative artificial intelligence, and in 2026 courts will weigh in on more discovery disputes, renewed motions to dismiss, class certification challenges and fair use defenses that could shape the course of future AI litigation, say attorneys at Debevoise.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.