Delaware

  • 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.

  • February 19, 2026

    She Has A Point: Dechert's Kassie Helm

    Kassie Helm, co-chair of Dechert LLP's global intellectual property group and head of its IP litigation group, is "unquestionably one of the leading lights of her generation," according to Morrison Foerster LLP partner Daralyn Durie, who praised Helm for her work as opposing counsel in a new series celebrating women litigators.

Expert Analysis

  • Opinion

    Corporations Should Think Twice About Mandatory Arbitration

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    The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.

  • Series

    Trail Running Makes Me A Better Lawyer

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    Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.

  • Trade Secret Steps To Take As Exposure Risk Increases

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    Against the backdrop of rising trade secret litigation, greater employee mobility and constraints on noncompetes, recent cases highlight the importance of minimizing trade secret risks when employees leave or when new hires join, say attorneys at Sullivan & Cromwell.

  • Tips From Del. Decision Nixing Major Earnout Damages Award

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    The Delaware Supreme Court recently vacated in part the largest earnout-related damages award in Delaware history, making clear that the implied covenant of good faith and fair dealing cannot be used to rescue parties from drafting choices where the relevant regulatory risk was foreseeable at signing, say attorneys at Sullivan & Cromwell.

  • Malpractice Claim Assignability Continues To Divide Courts

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    Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.

  • Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes

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    The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • How FERC Is Shaping The Future Of Data Center Grid Use

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    Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.

  • And Now A Word From The Panel: MDL Year In Review

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    2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.

  • Series

    Judges On AI: How Judicial Use Informs Guardrails

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    U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.

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