Delaware

  • 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.

  • May 15, 2026

    Metal Card Maker Sued Over $5B Deal, Nevada Move From Del.

    A stockholder of the company behind premium metal credit cards has sued in Delaware Chancery Court claiming that a group of investor-directors turned the once-focused card manufacturer into a vehicle for extracting management fees and then tried to move the company to Nevada as litigation pressure mounted.

  • May 15, 2026

    Burford Tells Justices 3rd Circ. Botched Arbitration Question

    Litigation funder Burford Capital is urging the U.S. Supreme Court to reverse a Third Circuit decision dismissing on jurisdictional grounds its bid to arbitrate a dispute relating to German antitrust litigation, arguing that the appeals court committed a "fundamental error."

  • May 15, 2026

    8th Circ. Wells Fargo Ruling Focuses On Establishing Injury

    The Eighth Circuit's recent decision affirming the dismissal of a proposed class action claiming Wells Fargo misspent 401(k) forfeitures won't dissuade workers from filing similar suits, attorneys say, but those plan participants will likely include more details on how they were allegedly hurt.

  • May 15, 2026

    Disney Investor Sues Leaders Over Streaming Targets

    A Disney stockholder has sued current and former company executives in the Delaware Chancery Court, accusing them of misleading investors by chasing unrealistic Disney+ subscriber targets through heavy content spending, international expansion and promotions that allegedly masked the streaming service's true financial condition.

  • May 14, 2026

    Squires Walks Back 5 More IPR Grants Over Inconsistent Args

    U.S. Patent and Trademark Office Director John Squires has reversed earlier decisions granting five petitions for patent review, citing what he called the challengers' inconsistent positions in parallel proceedings and explaining that four petitions he denied in previous bulk orders were also rejected for the same reasons. 

  • May 14, 2026

    Squires Ends IPR After Railway Co. Surrenders Patent Claim

    U.S. Patent and Trademark Office Director John Squires has de-instituted a Patent Trial and Appeal Board review after National Steel Car Ltd. disclaimed the only parts of its patent the board thought could be invalid, saying they should "be treated as though they never existed."

  • May 14, 2026

    GoDaddy Overcomes Willfulness Finding From $170M Verdict

    A Delaware federal judge on Thursday found that GoDaddy had not willfully infringed two website patents held by Express Mobile Inc., thus sparing the company a verdict greater than the $170 million a jury found but still assessing prejudgment and postjudgment interest.

  • May 14, 2026

    Text-Marketing Startup Sued In Chancery Over Stock Dilution

    A Texas investor has sued text-marketing company Voxie Inc. in Delaware Chancery Court, claiming the startup pushed through a new financing round and charter amendment that stripped away negotiated protections for early preferred shareholders without getting their required approval.

  • May 14, 2026

    Albertsons Not Covered In Opioid Litigation, Del. Judge Says

    Albertsons isn't entitled to defense or indemnity for more than 100 suits accusing the pharmacy and grocery chain of fueling the opioid epidemic, a Delaware state court ruled, tracking the state high court's rulings in nearly identical disputes involving Rite Aid and CVS.

  • May 14, 2026

    Ex-Investor Seeks Records On $8.9B Thermo Fisher Payout

    A former equity holder of Clario Holdings Inc., a clinical-trial technology company, has sued in the Delaware Chancery Court, seeking records she says she needs to understand how her payout was calculated after Thermo Fisher Scientific Inc.'s $8.875 billion cash acquisition of Clario.

  • May 14, 2026

    Ed Tech Co. Conscious Content Nears Ch. 11 Plan OK

    The bankrupt education technology company Conscious Content Media on Thursday neared confirmation of its Chapter 11 reorganization plan, after a Delaware judge said he will grant his approval once documents are finalized for $20 million of exit financing.

Expert Analysis

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Risk Disclosure Lessons For AI Cos. From Dot-Com Era

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    Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Del. Coinbase Outcome May Have Been Different In Texas

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    The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.

  • Share Repurchases Leave Cos. Susceptible To Litigation

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    Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

  • 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

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    The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

  • Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity

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    The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

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