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Delaware
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January 13, 2026
J&J Wins Partial Reversal Of $1B Merger Milestone Loss
Delaware's Supreme Court has partially reversed a vice chancellor's September 2024 ruling that Johnson & Johnson owes more than $1 billion for failing to prioritize regulatory approvals linked to "earnout" payments for robotic surgical device technology that J&J acquired from a developer.
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January 13, 2026
Eventbrite Stockholders Sue To Block $500M Take-Private Deal
A class of Eventbrite stockholders has sued in the Delaware Chancery Court seeking to upend a pending $500 million take-private deal, arguing that a voting agreement signed alongside the transaction automatically stripped the company's founder of her super-voting control under the company's own charter and rendered the merger proxy materially misleading.
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January 12, 2026
How New Judges Can Smartly Manage Patent Cases
The hefty damages at risk in patent litigation have led companies to invest significant resources into these fights, which judges tell Law360 means they’re facing more work than usual at every step of the case. In the second of a two-part series, several judges who regularly oversee patent cases provide tips on how new judges can best run their courts and keep their docket moving.
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January 12, 2026
Fed. Circ. Preserves Google, Keysight, Instacart Patent Wins
The Federal Circuit on Monday summarily affirmed decisions from three patent appeals that panels heard at the end of last week, shooting down bids from WSOU Investments LLC, Centripetal Networks LLC and Consumeron LLC.
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January 12, 2026
States Fight USDA's Renewed Effort To Cut SNAP Benefits
A coalition of states has asked a California federal judge to enforce an injunction blocking the U.S. Department of Agriculture from withholding funding from states refusing to share sensitive personal information on food assistance benefit recipients, saying the Trump administration has once again threatened to withhold the funding.
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January 12, 2026
Trump Order's Vote-By-Mail Limits Are Unlawful, Judge Rules
A federal judge in Seattle has barred the Trump administration from enforcing key sections of a March executive order on elections, ruling that the government cannot compel Washington and Oregon to change state deadlines for mail-in ballots or use federal forms requiring proof of citizenship.
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January 12, 2026
Del. Jurist Cites 'Troubling' Questions In Cashout Suit
A Delaware vice chancellor described as "troubling" on Monday unsettled questions in a stockholders' amended suit alleging an unfair recapitalization that allegedly forced out Bioventix Inc. common stockholders for a penny per share ahead of a new financing, asking how much discovery had been taken before filing of the complaint.
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January 12, 2026
House Passes Bill To Double Ch. 7 Trustee Fee
A bipartisan bill doubling the fixed per-case fees for Chapter 7 trustees is headed to President Donald Trump for a signature, after the U.S. House of Representatives passed it Monday night.
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January 12, 2026
Paramount Sues In Del. For Warner Bros., Netflix Merger Facts
Paramount Skydance Corp. sued Warner Bros. Discovery Inc. in Delaware Chancery Court Monday for court-compelled disclosure of more details on WBD's proposed $82.7 billion tie-up with Netflix, and reported that it plans to run a slate of candidates for WBD's board to push Paramount's offer.
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January 12, 2026
Del. Court Blocks Presuit Damages On Agilent Patent
A Delaware federal court ruled that laboratory equipment company Agilent Technologies couldn't collect damages for any alleged infringement of one of its patents prior to the filing of its intellectual property lawsuit against biotechnology business Axion BioSystems.
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January 12, 2026
Chancery Tosses Repsol Claims Against Winston & Strawn
The Delaware Chancery Court on Monday dismissed counterclaims brought by Repsol Renewables North America Inc. against Winston & Strawn LLP and one of its partners, ruling that Delaware law does not permit contract-based aiding-and-abetting claims and that Winston & Strawn did not owe fiduciary duties to a minority member in a limited liability company.
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January 12, 2026
US Magnesium Creditors Say Sale Process Was Rigged
The unsecured creditors committee in the U.S. Magnesium bankruptcy has urged a Delaware bankruptcy judge to not give the company permission to sell its assets to its parent company, accusing the parent of manipulating the transaction to grab the assets while leaving other creditors behind.
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
Justices Won't Hear Hertz's $272M 'Solvent Debtor' Appeal
The U.S. Supreme Court said Monday it will not hear an appeal by reorganized rental car giant Hertz Corp. of a Third Circuit decision that it owes $272 million to unsecured creditors from its 2020 bankruptcy.
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January 12, 2026
Supreme Court Won't Hear Appeal Of Boy Scouts Ch. 11 Plan
The U.S. Supreme Court will not hear an appeal by sexual abuse claimants in the Boy Scouts of America's bankruptcy case arguing the Third Circuit got it wrong when it said it can't undo transactions in the organization's Chapter 11 plan.
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January 12, 2026
Justices Won't Hear If Atty Needs Client's OK To Admit Crime
The U.S. Supreme Court on Monday declined to review a New Jersey man's conviction for unlawfully possessing a firearm as a felon, a case that asked if a lawyer could admit part of a crime on a client's behalf when the client himself objected.
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January 09, 2026
Bernstein Litowitz Asks To Exit $13B Endeavor Stock Suit
Bernstein Litowitz Berger & Grossmann LLP asked the Delaware Chancery Court on Friday to allow its attorneys to withdraw as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.
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January 09, 2026
Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims
A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.
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January 09, 2026
Real Estate Recap: Predicting '26
Catch up on this past week's developments by state from Law360 Real Estate Authority — including key asset classes and pending litigation to watch in the new year.
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January 09, 2026
Energy Co. Members Sue In Del. Over 'Musk-Like' Power Grab
Principals of a Delaware-chartered solar energy venture serving developing areas, including in Africa, have sued for Delaware Court of Chancery rulings affirming control of the business, citing moves by a manager who allegedly "hijacked" it, likening himself to Elon Musk and enriching himself, his family and friends.
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January 09, 2026
States Cite Ed. Dept. Outsourcing In Revamped Suit
Democratic state attorneys general added fresh allegations Friday to an ongoing lawsuit over cuts to the U.S. Department of Education, saying the Trump administration has begun offloading some of the department's functions to other agencies.
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January 09, 2026
Biopharma Co. Secures D&O Coverage For Shareholder Suit
A biopharmaceutical company is entitled to coverage for a suit alleging its board breached fiduciary duties under a pair of primary and excess directors and officers policies, a Delaware state court ruled, saying the suit is "meaningfully linked" to a previously noticed demand for books and records.
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January 09, 2026
Gaming Co., Founders Spar Over Survival Game Earnout
A Delaware Chancery Court judge on Friday pressed lawyers for a video game studio's founders and its South Korean parent on sharply divergent explanations for why the founders were fired and control of the company seized, as the sides argued over post-trial relief in a fast-tracked earnout dispute tied to a potential $250 million payout.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
3rd Circ. Upholds Prudential's Win In 401(k) Suit
A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.
Expert Analysis
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4 Developments That Defined The 2025 Ethics Landscape
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.
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Navigating AI In The Legal Industry
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.
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How Fractional GCs Can Manage Risks Of Engagement
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.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
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.
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Del. Dispatch: Key 2025 Corporate Cases And Trends To Know
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.
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Series
Nature Photography Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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.
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What Trump Order Limiting State AI Regs Means For Insurers
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.
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4 Privacy Trends This Year With Lessons For Companies
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.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
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.
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2025 Noncompete Developments That Led To Inflection Point
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.
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Series
The Law Firm Merger Diaries: Integrating Practice Groups
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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Opinion
Supreme Court Term Limits Would Carry Hidden Risk
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.
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Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave
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.
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How New SEC Policies Shift Shareholder Proposal Landscape
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.