Delaware

  • May 19, 2026

    AIG Unit Doesn't Owe $2.5M For Pollution Defense Costs

    An AIG unit needn't cover $2.5 million in defense costs from pollution suits against investors in an oil refinery and storage terminal in the U.S. Virgin Islands, a Delaware state court ruled, saying the insurer is not responsible for defense costs that predate notice of a claim.

  • May 19, 2026

    Hanna Wants 3rd Circ. To Weigh Homebuyers' Antitrust Suit

    Hanna Holdings Inc. urged a Pennsylvania federal court to let the Third Circuit weigh in on the lower court's dismissal orders for a proposed antitrust class action that accuses the real estate brokerage of conspiring with other parties to artificially inflate buyer-broker commission fees.

  • May 19, 2026

    Payroll Vendor Not Care Workers' Employer, 3rd Circ. Says

    A payroll services vendor for Pennsylvania's Medicaid-funded home care program cannot be held jointly liable for unpaid overtime because it did not exercise significant control over caregivers, the Third Circuit ruled Tuesday, affirming the company's bench trial win.

  • May 19, 2026

    States Sue Over Student Loan Limits On Professional Degrees

    A coalition of 24 attorneys general and two governors are challenging a rule recently promulgated by the U.S. Department of Education, alleging in a complaint in Maryland federal court Tuesday that it unlawfully limits access to federal student loans for those pursuing professional degree programs.

  • May 19, 2026

    NJ Plans To Take 3rd Circ. Kalshi Loss To US Supreme Court

    New Jersey plans to seek U.S. Supreme Court review of a recent Third Circuit decision that upheld an injunction on the state's attempt to ban sports prediction markets, according to a joint status report filed by the state and KalshiEx LLC in New Jersey federal court. 

  • May 19, 2026

    Food52 Confirms Ch. 11 Liquidation Plan

    A Delaware bankruptcy judge Tuesday agreed to confirm the Chapter 11 liquidation plan for e-commerce group Food52, trimming a few features of the plan including releases for the debtor and the creditors committee.

  • May 19, 2026

    Feds Want Chance To Explain College Admissions Data Rush

    The federal government on Tuesday asked a Massachusetts judge for an opportunity to rectify what the judge identified as a problematic lack of explanation for how quickly it unleashed a demand for colleges' admissions data.

  • May 19, 2026

    NY Worries Verizon Service Shift Will Impact Critical Needs

    Verizon has sought the FCC's blessing to retire older voice and data transmission services in eight different states, but New York state officials want the agency to hold off, arguing the suspension would put "essential public services and critical community functions" at risk.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Del. Judge Pushes Firms To Back Up 2nd Bid To DQ Her

    A Delaware vice chancellor has told Friedlander & Gorris PA and two other firms to provide more information in their second bid to disqualify her from presiding over Chancery Court litigation because she previously was an attorney at Skadden Arps Slate Meagher & Flom LLP.

  • May 19, 2026

    THL Partners' Agiliti Buyout Suit To Settle For $32M

    A proposed $32 million settlement would end consolidated Delaware Chancery Court litigation challenging private equity firm Thomas H. Lee Partners LP's $2.5 billion take-private acquisition of medical equipment company Agiliti Inc., resolving claims that minority stockholders were squeezed out at an unfair price.

  • May 19, 2026

    West Marine To Get Interim Cash Use OK In Ch. 11

    A Delaware bankruptcy judge on Tuesday said she would grant boating supply business West Marine Inc. a range of first day relief on an interim basis as it gets underway in its voyage through Chapter 11, including permission to use its cash collateral and to pay employees and vendors.

  • May 18, 2026

    Nikola Founder Accused Of Dodging $2.5M Settlement Share

    Nikola Corp. founder Trevor Milton "has not paid a dime" of his $2.5 million share of an eight-figure settlement resolving shareholder litigation over a fraud-shadowed special purpose acquisition company merger, the bankrupt electric vehicle company's trustee claims, asking the Delaware Chancery Court to hold the billionaire in contempt.

  • May 18, 2026

    Pot Co. Fraud Suit Over $13M Tax Debt Ends In Settlement

    Investors have agreed to end a lawsuit against the former CEO of cannabis firm Devi Holdings Inc., claiming the executive and early investors hid over $13 million in unpaid taxes to induce $25.9 million in stock purchases that later became worthless, according to a Florida federal judge's order.

  • May 18, 2026

    3rd Circ. Revives Webuild Asset Bid In $140M Award Feud

    The Third Circuit revived a Chilean construction company's bid to enforce a $140 million arbitral award against Italian construction giant Webuild, alleged successor to award debtor Astaldi SpA, ruling Monday in a precedential opinion that a lower court was wrong to nix the suit on jurisdictional grounds.

  • May 18, 2026

    Chancery Sends Sinovac Biotech Suit To Antigua And Barbuda

    The Delaware Chancery Court on Monday dismissed a shareholder suit against Sinovac Biotech Ltd. and several investors, ruling a fight over control of the China-based vaccine maker belongs in Antigua and Barbuda, where Sinovac is incorporated, rather than in Delaware courts.

  • May 18, 2026

    Del. Judge Sanctions Insurance Attys For 'Sloppy Lawyering'

    Three Florida insurance attorneys found to have committed numerous "bad faith" actions in their representation of a policyholder were hit with sanctions for what a judge in Delaware federal court called "sloppy lawyering" occurring before, during and after a February 2025 trial.

  • May 18, 2026

    Return's Fraud Voids Assessment Deadline, IRS Tells Justices

    The IRS can slap a tax assessment against a taxpayer without time constraints when a return is fraudulent, even if a third-party preparer was the scammer, the agency told the U.S. Supreme Court in opposing a woman's petition for relief from what she alleges was her accountant's deception.

  • May 18, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of celebrity estate litigation, merger disputes, investor suits, record demands, sanctions fights and questions over corporate moves away from Delaware.

  • May 18, 2026

    Boating Retailer West Marine Files Ch. 11 To Stay Afloat

    Boating supply retailer West Marine commenced a Chapter 11 case in Delaware to deal with almost $550 million in debt after reaching a deal on a restructuring support agreement with lenders and equity holders.

  • May 18, 2026

    Justices Won't Decide If Contractor Fees Are Payroll Costs

    The U.S. Supreme Court said Monday that it won't review an information technology company's bid for full forgiveness of a $7.2 million Paycheck Protection Program loan, letting stand the Third Circuit's decision that the Small Business Administration rightfully denied the request because the company's payments to independent contractors did not count as "payroll costs."

  • May 18, 2026

    Justices Deny Loper Bright-Based Challenge To 1-Line Orders

    The U.S. Supreme Court on Monday rejected yet another challenge to the Federal Circuit's use of one-line orders to affirm Patent Trial and Appeal Board decisions, a practice CAO Lighting Inc. argued violates the high court's Loper Bright Enterprises v. Raimondo precedent.

  • May 18, 2026

    Supreme Court Won't Revive Car ID Patent Claims

    The U.S. Supreme Court on Monday shot down a vehicle identification system patent owner's challenge to the Federal Circuit's reversal of the Patent Trial and Appeal Board's decision allowing it to amend claims in two patents challenged by rideshare giant Lyft.

  • May 15, 2026

    Fed. Circ. Drops A Theme Song, Talks Guest Judges

    The Federal Circuit's full lineup came together Friday to provide practitioners with insight about their experience sitting on other courts, in a conference where the chief judge dropped the court's first (and only) single.

  • May 15, 2026

    Edwards Investors Sue In Chancery Over $16.4B Stock Drop

    A stockholder has sued Edwards Lifesciences Corp.'s current and former leaders in Delaware Chancery Court, claiming they misled investors about growth prospects for the medical device company's key artificial heart valve business before a July 2024 disclosure wiped out more than $16.4 billion in shareholder value.

Expert Analysis

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Keys To Federal Carbon Compliance In Data Center Siting

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    Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

  • Emissions Permits May Not Override Pollution Exclusions

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    Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

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