Delaware

  • April 21, 2026

    IP Notebook: Global Copyright, ChatGPT TM, Rogers Test

    This round of Law360's look at emerging copyright and trademark issues includes a forthcoming U.S. Supreme Court appeal with global implications for copyrights, and OpenAI's setback in its effort to register "ChatGPT" as a trademark.

  • April 21, 2026

    Biotech Co. Investors Clash Over 'Self-Dealing' Claim

    Attorneys for a biopharmaceutical and technology company stockholder and a group of venture investors sharply disagreed Tuesday over whether a financing deal was a lifeline for a struggling company or a self-serving maneuver that enriched insiders, as they argued a motion to dismiss the derivative suit in the Delaware Chancery Court.

  • April 21, 2026

    Plug Power Gets Some Claims Snipped From Investor Suit

    A Delaware federal judge has trimmed a shareholder suit against hydrogen fuel cell company Plug Power Inc., finding that statements about the company's revenue projections and one of its production facilities are inactionable.

  • April 21, 2026

    Del. Supreme Court Upholds Ruling On Truth Social Shares

    The Delaware Supreme Court has affirmed a lower court ruling granting additional stock to the founding shareholder in the company that took President Donald Trump's Truth Social Media public, turning away a request from the shareholder for a second shot to prove it is owed even more shares.

  • April 21, 2026

    Buyer Sues PE Firm, Alleging Fraud In $26M Manufacturer Sale

    A Michigan-based buyer has sued a private equity firm and two executives in Delaware's Court of Chancery, accusing them of orchestrating a yearslong scheme to inflate a manufacturing company's value and fraudulently induce a $26 million sale.

  • April 21, 2026

    Pfizer, Dexcel Take 2 Patents Off Table For Bench Trial

    Drugmaker Pfizer and an Israeli competitor that is seeking to create a generic version of a Pfizer heart medication said Tuesday they have reached an agreement to remove two asserted patents from a trial set to start next week.

  • April 21, 2026

    Feds Drop 1st Circ. Homelessness Funding Appeal

    Three weeks after the First Circuit declined to pause two orders blocking the U.S. Department of Housing and Urban Development from cutting homelessness funding, HUD has dropped its appeal.

  • April 21, 2026

    Fired Watchdog Nominated To Be Del.'s 1st Inspector General

    Delaware's governor has nominated a former U.S. Department of Defense inspector general who President Donald Trump fired after returning to office to serve as the First State's inspector general.

  • April 21, 2026

    Meyer Burger Unit Gets OK On Ch. 11 Wind-Down Plan

    A Delaware bankruptcy judge Tuesday signed off on the Chapter 11 liquidation plan of Swiss solar panel company Meyer Burger's U.S. arm, letting the subsidiary sell off its remaining assets and wrap up its bankruptcy.

  • April 20, 2026

    3rd Circ. Probes Whether Hazard 'Obvious' In Catwalk Fall Suit

    A Third Circuit panel on Monday probed whether the condition of a catwalk on a demolition site was open and obvious to a worker who fell to his death after it collapsed, and if an allegation that the catwalk catastrophically failed is enough to survive a dismissal motion.

  • April 20, 2026

    WWE Execs Urge Court To Reject 'Speculative' Evidence Bid

    The Delaware Chancery Court should not grant WWE shareholders' latest discovery motion, company leaders and related parties have said, arguing that investors' demand for more information about what they called deleted messages were unnecessary, unsupported and already satisfied.

  • April 20, 2026

    She Has A Point: Fish & Richardson's Nitika Gupta Fiorella

    Fish & Richardson PC principal Nitika Gupta Fiorella is "a no-stone-unturned, always super prepared" lawyer who "epitomizes professionalism and respect," according to Finnegan Henderson Farabow Garrett & Dunner LLP partner Cora Holt.

  • April 20, 2026

    Chancery Affirms Market Basket's Ouster Of 'Imperious' CEO

    Longtime Market Basket CEO Arthur T. Demoulas' highly publicized ouster from the New England supermarket chain last year was justified by his unwillingness to cooperate with the company's board on succession planning and other matters, the Delaware Chancery Court ruled Monday.

  • April 20, 2026

    SPI Energy Seeks Ch. 15 Recognition Of Cayman Wind-Down

    Cayman Islands-incorporated solar company SPI Energy has filed in Delaware for Chapter 15 recognition of its liquidation proceedings, saying U.S. court approval may help it conduct investigations and recover assets.

  • April 20, 2026

    Del. Police Captains Seek OT Win As First Responders

    A group of Wilmington police captains who say they were denied overtime pay for years asked a Delaware federal judge on Monday to rule in their favor without a trial, arguing undisputed evidence shows they are frontline officers entitled to overtime under federal law.

  • April 20, 2026

    'Unserious Leaders Are Unsafe': RFK Jr.'s Trans Edict Voided

    An Oregon federal judge struck down Health and Human Services Secretary Robert F. Kennedy Jr.'s efforts to enforce the agency's restrictions on gender-affirming care for minors, finding the restrictions unlawful and criticizing Kennedy's leadership and the policy declaration that introduced the changes. 

  • April 20, 2026

    GSK, Moderna Both Ordered To Provide More Info In Vax Fight

    A special master overseeing discovery disputes in GlaxoSmithKline's infringement suits over Moderna's COVID-19 and related respiratory syncytial virus vaccines ordered both companies to furnish information to each other, including financial data and licenses, according to an opinion unsealed Monday.

  • April 20, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week delivered another mix of procedural rulings, fiduciary duty disputes and deal litigation, highlighting both the court's gatekeeping role and its continued focus on stockholder rights and transactional fairness.

  • April 20, 2026

    High Court Won't Hear 3rd Circ. J&J Class Cert. Appeal

    The U.S. Supreme Court on Monday said it won't review a class certification challenge in a securities class action over Johnson & Johnson's cancer-related talc products in the latest development in a closely watched dispute over how courts evaluate class certification in shareholder suits.

  • April 20, 2026

    Justices Won't Consider IP Theft Allegations Against Akin

    The U.S. Supreme Court on Monday rejected a former Cornell University graduate student's petition trying to revive his malpractice suit against Akin Gump Strauss Hauer & Feld LLP stemming from patent litigation against Illumina Inc. over DNA sequencing intellectual property.

  • April 17, 2026

    Polygon Says Ex-Execs Engaged In Self-Dealing

    Two former executives of artificial intelligence company Predicate Labs Inc. have been hit with a suit in Delaware Chancery Court alleging that following a $400 million acquisition of the company in 2021, the executives "began a campaign of self-dealings, intentional misrepresentation, deceptive inducement and willful breach."

  • April 17, 2026

    Google Wins Ax Of Last Targeted Ad Patent Claim In Suit

    A Delaware federal judge has found the sole remaining claim in a targeted advertising software patent Google was accused of infringing is invalid, saying it is abstract and doesn't cover an inventive idea.

  • April 17, 2026

    Ex-FERC Chair Backs Pa. AG's Intervention In Grid Fight

    Former Federal Energy Regulatory Commission chairman Mark Christie voiced support for Pennsylvania's efforts to block a power grid project along its southern border in a brief to the U.S. Supreme Court Friday, asking the high court to allow the state's attorney general to challenge an appellate ruling that held federal law governed the project.

  • April 17, 2026

    Solar Co. Freedom Forever Blames Unpaid Bills For Ch. 11

    Solar company Freedom Forever told a Delaware bankruptcy judge Friday that missed payments that mounted after the passage of the federal budget reconciliation bill last year were largely the cause of its Chapter 11 filing this week.

  • April 17, 2026

    Zales Worker's Age Bias Suit Lacks Evidence, 3rd Circ. Says

    The Third Circuit backed the dismissal of a Zales consultant's bias suit claiming she was fired from the jewelry chain for complaining that her colleagues commented negatively about her age, ruling she couldn't overcome evidence that concerns about her performance actually drove her termination.

Expert Analysis

  • 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.

  • Meta Coverage Ruling Could Erode Broad Duty To Defend

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    A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds' business decisions can be weaponized to deny a duty to defend, say attorneys at Anderson Kill.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

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