Delaware

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • February 02, 2026

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

    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.

  • February 02, 2026

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

    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.

  • February 02, 2026

    Catching Up With Delaware's Chancery Court

    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.

  • February 02, 2026

    Honeywell Faces Bid For Fee Advancement In Russia Case

    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.

  • February 02, 2026

    Teamsters Look To Ax Kraft Heinz's Challenge To Grievance

    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.

  • February 02, 2026

    Data Co. Seeks Liquidation With $194M Debt

    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.

  • February 02, 2026

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

    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.

  • February 02, 2026

    Del. Lawmakers OK Review, Revision Of Property Assessment

    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.

  • February 02, 2026

    3rd Circ. Affirms Fee Awards For Immigration Habeas Actions

    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.

  • February 02, 2026

    Chancery Keeps Coinbase Insider Trading Suit Alive

    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.

  • January 30, 2026

    Tesla Gets Del. Justices To Cut $100M From Investor Atty Fees

    The Delaware Supreme Court on Friday handed Tesla a win, reducing by roughly $100 million the attorney fees awarded to shareholder counsel as part of an excessive director compensation suit settlement, rejecting the lower court's fee calculation.

  • January 30, 2026

    Litigation Funder Suit Against Janus Henderson Can Proceed

    A lawsuit that claims a Janus Henderson Group subsidiary schemed to take over a mass torts litigation funder can go forward, after a Delaware Chancery Court judge ruled the funder's case was compelling enough to survive a motion to dismiss.

  • January 30, 2026

    Real Estate Recap: Build-To-Rent, Apollo, Boston

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including takeaways for the build-to-rent sector following a recent executive order on Wall Street investment in the single-family market, Apollo REIT's $9 billion portfolio sale, and a view of Boston from the chair of a BigLaw real estate practice.

  • January 30, 2026

    3rd Circ. Backs ​​​​​​​'Modern Icarus' Conviction, Cuts Restitution

    The Third Circuit affirmed Friday the fraud and identify theft conviction of a former clean-energy company CEO who characterized himself as a "modern Icarus" in his appeal, but held that the lower court wrongly ordered him to pay $100,000 in victims' attorney fees in addition to $1.1 million in restitution.

Expert Analysis

  • 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.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    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.

  • Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave

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    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.

  • How New SEC Policies Shift Shareholder Proposal Landscape

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    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.

  • Series

    Knitting Makes Me A Better Lawyer

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    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.

  • How 11th Circ.'s Qui Tam Review Could Affect FCA Litigation

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    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.

  • Series

    The Biz Court Digest: Welcome To Miami

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    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.

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