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

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • Series

    Coaching Cheerleading Makes Me A Better Lawyer

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    At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

  • Series

    Law School's Missed Lessons: How To Make A Deal

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    Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

  • What Patent Claim 'Invalidity' Means In Different Forums

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    A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.

  • Rebuttal

    BigLaw Settlements Should Not Spur Ethics Deregulation

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    A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.

  • Environmental Justice Is Alive And Well At The State Level

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    Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.

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