Delaware

  • February 24, 2026

    Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul

    Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."

  • February 24, 2026

    Lindis Decries Erasing $50M Verdict Over Inequitable Conduct

    A Delaware federal judge wrongly overruled Lindis Biotech's $50 million infringement verdict against Amgen by falsely concluding an inventor intended to deceive the patent office during prosecution, the German company has told the Federal Circuit.

  • February 24, 2026

    Jack In The Box Sued Over 'Poison Pill' Blocking Investor

    Activist investor Biglari Capital sued Jack In The Box Inc. and its board in Delaware Chancery Court, challenging their efforts to adopt a so-called poison pill that would block Biglari Capital from acquiring more than 12.5% of common stock in a hostile takeover.

  • February 24, 2026

    Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules

    A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.

  • February 24, 2026

    Terraform Says Jane Street 'Insider Trading' Led To Ch. 11

    The administrator for bankrupt cryptocurrency company Terraform Labs has sued trading firm Jane Street in New York federal court over what Terraform says was an insider trading scheme to "front-run trading that hastened the collapse of Terraform."

  • February 24, 2026

    Biotech Co. Moves To Dismiss LSD Trade Secret Suit

    A biotechnology company accused of having lifted trade secrets regarding clinical trials of potential LSD treatments for psychiatric disorders asked a Delaware federal judge Monday to dismiss or narrow the suit, which it says was brought by a "disgruntled former vendor."

  • February 24, 2026

    Theme Park Urges Lift Of Ch. 11 Stay To Appeal $116M Verdict

    The owner of Colorado's Glenwood Caverns Adventure Park has asked a Delaware bankruptcy judge to partially lift bankruptcy's automatic stay so it can appeal a $116 million wrongful death judgment that sent it into Chapter 11.

  • February 23, 2026

    CBP Clears Redesigned Tourniquet Imports After IP Ban

    U.S. Customs and Border Protection has found that a modified version of a tourniquet made by a Chinese company isn't subject to an import ban issued by the U.S. International Trade Commission after finding that earlier imports infringed a patent.

  • February 23, 2026

    EEOC Decries New Hurdle For 3rd-Party Harassment Suits

    A recent appellate ruling making it tougher for workers to sue employers over alleged harassment by third parties threatens to undermine the goals of federal anti-bias law, the U.S. Equal Employment Opportunity Commission told the Third Circuit, backing a suit against the University of Pennsylvania.

  • February 23, 2026

    Justices Want Natera's Take On CareDx's False Ad Petition

    The U.S. Supreme Court on Monday asked for Natera's position on a petition from rival CareDx asking the high court to review a Third Circuit decision that erased a $45 million jury award stemming from CareDx's false advertising claims.

  • February 23, 2026

    States Back Challenge To IRS Nix Of Wind, Solar Safe Harbor

    Sixteen Democratic-led states are backing a legal challenge to an Internal Revenue Service notice eliminating a safe harbor test that large wind and solar projects could use to qualify for clean energy tax credits.

  • February 23, 2026

    Catching Up With Delaware's Chancery Court

    Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.

  • February 23, 2026

    NJ Watchdog Takes File Fight In Hospital Row To 3rd Circ.

    A New Jersey watchdog will take its bid to shield investigative files from discovery in a hospital's antitrust suit to the Third Circuit, according to a court notice.

  • February 20, 2026

    Real Estate Recap: REITs, FinCEN, Transfer-Based Cleanup

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views into shareholder activism among public real estate investment trusts, FinCEN's new anti-money laundering rule, and the second-to-last U.S. state to shed certain pollution inspections for commercial and industrial property transfers.

  • February 20, 2026

    Caterpillar Unit Drops Antitrust Suit Against Wabtec

    Caterpillar subsidiary Progress Rail quietly dropped its antitrust lawsuit Friday in Delaware federal court against rail giant Wabtec over its 2019 merger with General Electric's transportation unit after more than two years of legal back and forth.

  • February 20, 2026

    BioNTech Says Moderna's New COVID Vax Infringes Its IP

    BioNTech has launched a new patent infringement suit against Moderna, claiming that the rival's newer COVID-19 vaccine exploits BioNTech's "streamlined, domain-based" vaccine technology, according to a complaint filed in Delaware federal court.

  • February 20, 2026

    Tesla Moves To Claw Back $7M, $10M Interest In Fee Fight

    Tesla Inc. has asked the Delaware Chancery Court to force the lawyers who secured a massive derivative settlement over board pay to return more than $7 million in allegedly withheld fees and pay over $10 million in interest, arguing that they are defying a recent Delaware Supreme Court ruling that slashed their award.

  • February 20, 2026

    Fed. Circ. Unwinds Ineligibility Ruling For Gene Therapy IP

    The Federal Circuit on Friday saved Regenxbio and the University of Pennsylvania's gene therapy patent, finding that splicing together genes from different organisms results in a molecule that is "markedly different from anything occurring in nature," rendering the therapy patent eligible. 

  • February 20, 2026

    Hulu TV's Clout On Fubo Board Challenged In Del.

    A stockholder of sports streaming venture FuboTV has sued the company in Delaware's Court of Chancery, asserting that Hulu TV's effective majority control and veto over removal of Hulu-affiliated directors violates Delaware's General Corporation Law and assures Hulu effective control.

  • February 20, 2026

    Kennedy Wilson Investor Sues To Block $1.65B Take-Private

    A Kennedy-Wilson Holdings Inc. stockholder has sued in the Delaware Chancery Court to block the company's $1.65 billion take-private deal, arguing that the transaction violates Delaware's anti-takeover statute and cannot legally proceed without a supermajority vote of disinterested investors.

  • February 19, 2026

    Judge Denies Mylan And Aurobindo's Bid To Escape Trial

    A Connecticut federal judge has once again rejected generic-drug makers' bid to escape a multistate lawsuit accusing them of engaging in an overarching antitrust conspiracy, saying the evidence supports the need for a jury trial on whether the companies colluded to fix prices and divvy up markets for dozens of generic drugs.

  • February 19, 2026

    Burford Capital Targeted For Docs In German Funding Feud

    A German entity is accusing Burford Capital LLC of improperly trying to dodge information requests in a dispute relating to German antitrust litigation by citing an underlying arbitration clause, despite being a nonsignatory and the Third Circuit shutting down the arbitration bid last year.

  • February 19, 2026

    Justices Urged To Bar Passive Infringement For Skinny Labels

    The Federal Circuit cleared the path for branded-drug makers to claim a rival induced infringement of a patent without taking any active steps to do so, Hikma told the U.S. Supreme Court in a case over so-called skinny labels.

  • February 19, 2026

    Funder Longford Wins Patent Litigation Settlement Dispute

    Litigation funder Longford Capital has prevailed in arbitration relating to a dispute with Arigna Technology Ltd. over a settlement that ended certain patent litigation, according to documents filed in Delaware federal court.

  • February 19, 2026

    $14M Noncompete Fight Moves Forward In Chancery

    The Delaware Chancery Court on Thursday largely refused to dismiss claims that Boingo Wireless Inc.'s former director John Basil Georges breached a five-year noncompete tied to the $14 million sale of his wireless infrastructure company, but she threw out a parallel nonsolicitation provision as unenforceably overbroad.

Expert Analysis

  • Chancery Exec Noncompete Ruling Offers PE Buyer Lessons

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    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.

  • Reviewing 2025's Artificial Intelligence Disputes Over IP

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    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.

  • 3 Securities Litigation Trends To Watch In 2026

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    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.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    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.

  • Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

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    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.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    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.

  • What Trump Order Limiting State AI Regs Means For Insurers

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    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.

  • 4 Privacy Trends This Year With Lessons For Companies

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    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.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    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.

  • 2025 Noncompete Developments That Led To Inflection Point

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    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.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    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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