Delaware

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • January 09, 2026

    How New Judges Can Quell Patent Litigation Fears

    Patent litigation has a reputation for being particularly complex due to its technical content, which can be intimidating for litigants, attorneys and judges alike. In the first of a two-part series, several judges in the trenches of patent law spoke with Law360 about how new judges can make patent litigation less overwhelming.

  • January 09, 2026

    Skechers, Tech Co. Investors Sue For Stock Appraisals In Del.

    New entrants have joined two stock appraisal suits now before Delaware's Court of Chancery, potentially adding millions to the stakes in existing battles over the value of shares of footwear venture Skechers Inc. and restaurant software company Olo Inc.

  • January 08, 2026

    Venezuela Says Citgo Auction Marred By Conflicts

    Venezuela pressed the Third Circuit Thursday to overturn an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, arguing that the underlying attachment orders are void and that the proceeding was marred by "obvious" conflicts of interest.

  • January 08, 2026

    VW Can't Nix Bulk Of Tiguan Oil-Guzzling Defect Suit

    A New Jersey federal judge on Thursday denied the bulk of Volkswagen Group of America Inc.'s bid to dismiss a proposed class action from drivers in seven states who say their 2022 and 2023 Tiguan vehicles have a defect causing them to consume oil, saying the complaint sufficiently states most of its claims under the seven states' laws.

  • January 08, 2026

    Holding Co. Sued In Del. For 'Oppressive' Acts, Duty Breaches

    Alleging in part "oppressive abuse of discretion" and repeated failures to declare dividends despite a "half-billion-dollar surplus," two minority investors in Geneve Holdings Inc. have sued in Delaware's Court of Chancery for an order compelling five years of back dividend payments along with damages.

  • January 08, 2026

    3rd Circ. Upholds 24-Year Drug, Fraud Sentence

    A Third Circuit panel on Thursday upheld a roughly 24-year prison sentence imposed on a Pennsylvania man convicted of marijuana trafficking and wire fraud, rejecting arguments that the trial judge improperly relied on acquitted conduct, overstated the man's leadership role and imposed an excessive punishment.

  • January 08, 2026

    3rd Circ. Rules Hotel Room Searches After Checkout Are Legal

    The Third Circuit on Thursday ruled that hotel guests are not entitled to a reasonable expectation of privacy after checking out, rejecting an appeal from a man arrested after hotel staff notified police that they found drugs in his room.

  • January 08, 2026

    Chancery Lifts Stay In Ukraine's PrivatBank Bogus Loan Suit

    Saying that "it is now clear this case must proceed at some point," a Delaware vice chancellor on Thursday lifted a four-year-long hold on a Ukrainian bank's six-year-old suit accusing two oligarchs and others of lining up billions in fraudulent loans that funneled — or "recycled" — hundreds of millions into real estate investments in the United States.

  • January 08, 2026

    Judge Says He'll Approve Ideanomics Plan After Revisions

    A Delaware bankruptcy judge said Thursday that he will approve the Chapter 11 liquidation plan for electric vehicle technology company Ideanomics Inc. once an injunction barring future claims in the plan is narrowed in scope.

  • January 08, 2026

    Delaware Judge Sends Employee Stock Dispute To Trial

    The Delaware Chancery Court has refused to let either side bypass an upcoming trial in a dispute between autonomous-robotics company Seegrid Corp. and former employees over the forced repurchase of stock options, concluding that the case is too fact-intensive for summary judgment and should instead be resolved through live testimony.

  • January 07, 2026

    BlackSky Satellite SPAC Suit Settles In Del. For $7.5M

    Special purpose acquisition company Osprey and several of its top brass on Wednesday reached a $7.5 million deal to resolve litigation in Delaware Chancery Court alleging they protected their buy-ins while leaving public investors to suffer losses following a merger with satellite imaging company BlackSky.

  • January 07, 2026

    Warner Bros. Hits Nokia With Antitrust Claims In Patent Case

    Warner Bros. has fired back at Nokia's video coding patent suit against it with allegations that the Finnish company has violated antitrust law by running an "unlawful monopolization scheme" on the technology and going back on pledges to license its patents on reasonable terms.

  • January 07, 2026

    Satellite Biz Chairman Sued After Flip-Flop On Lockheed Sale

    A former Terran Orbital Corp. stockholder alleged in a potential class action Wednesday that the satellite company's co-founder flipped his stance on the $450 million sale to Lockheed Martin Corp. after being promised a $6 million bonus contingent on the transaction's completion.

  • January 07, 2026

    Judge Seeks Assurance That PFAS Deals Are Good For NJ

    A New Jersey federal judge on Wednesday asked attorneys for the state to assure that two proposed deals with 3M and E.I. du Pont de Nemours & Co. worth nearly $3 billion to resolve its claims over contamination by "forever chemicals" are in the best interest of the state's residents despite a number of objections.

  • January 07, 2026

    3rd Circ. Says Visa Omission Of Kids Sinks Naturalization Bid

    In a precedential opinion Wednesday, the Third Circuit ruled that a green card holder attempting to gain U.S. citizenship was properly denied naturalization for failing to list his two children on the original visa paperwork, an omission that made his permanent residence unlawful.

  • January 07, 2026

    Fed. Circ. Suggests Sepsis Test IP Needs Claim Construction

    U.S. Circuit Judge Todd M. Hughes appeared largely persuaded Wednesday that a Delaware federal jury improperly engaged in post-trial claim construction when overriding Magnolia Medical Technologies Inc.'s $2 million infringement verdict, in an appeal that also had the Federal Circuit jurist thanking God that he doesn't try patent cases.

  • January 07, 2026

    Real Estate Trust Sues In Del. To Contest LP Sale Demands

    A CapStack Partners real estate investment fund and affiliate sued Wednesday for a Delaware Court of Chancery ruling supporting its refusal to cash out non-liquid assets to accommodate limited partner withdrawal requests, arguing that the two parties' agreement bars the move.

Expert Analysis

  • Series

    The Law Firm Merger Diaries: Making The Case To Combine

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    When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.

  • What To Know As Rulings Limit NLRB's Expanded Remedies

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    Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.

  • Opinion

    Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar

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    Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.

  • Rule Amendments Pave Path For A Privilege Claim 'Offensive'

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    Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.

  • Series

    My Miniature Livestock Farm Makes Me A Better Lawyer

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    Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.

  • Litigation Funding Could Create Ethics Issues For Attorneys

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    A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.

  • E-Discovery Quarterly: Recent Rulings On Dynamic Databases

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    Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.

  • Series

    Building With Lego Makes Me A Better Lawyer

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    Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.

  • Series

    Law School's Missed Lessons: Networking 101

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    Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.

  • Defeating Estoppel-Based Claims In Legal Malpractice Actions

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    State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    The Biz Court Digest: How It Works In Massachusetts

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    Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.

  • Why Appellees Should Write Their Answering Brief First

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    Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.

  • Notable Q3 Updates In Insurance Class Actions

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    The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.

  • Strategic Use Of Motions In Limine In Employment Cases

    Excerpt from Practical Guidance
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    Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.

  • Series

    Mindfulness Meditation Makes Me A Better Lawyer

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    Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.

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