Delaware

  • June 01, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving merger litigation, startup financing battles, cryptocurrency contracts, investor oversight claims and corporate governance challenges, while also issuing notable rulings in cases tied to World Wrestling Entertainment Inc., cybersecurity company KnowBe4 Inc. and biotechnology firm Ayala Pharmaceuticals Inc.

  • June 01, 2026

    Justices Skip CareDx's Bid To Revive $45M False Ad Award

    The U.S. Supreme Court on Monday declined to take up a challenge to a Third Circuit decision that wiped out a nearly $45 million false advertising award against Natera Inc., preserving a ruling that said proof of actual consumer deception is required to support damages.

  • May 29, 2026

    Real Estate Recap: Data Centers, SEC, Law Firm Leasing

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the tireless lives of data center attorneys, the U.S. Securities and Exchange Commission's proposal to ease capital formation in public markets, and the two-year low in U.S. law firm leasing.

  • May 29, 2026

    Gate City Sues White Energy For $200M Over Carbon Project

    Gate City Renewable Fuels sued White Energy Holdco for $200 million in Delaware Chancery Court on Wednesday, alleging it was induced into merging together based on a carbon capture and storage project that faced unfavorable geological conditions, regulatory hurdles, permitting risks and unresolved landowner holdouts that rendered the project nonviable.

  • May 29, 2026

    ChargePoint Leaders Face Investor Suit Over Revenue Claims

    Executives and directors of California-based electric-vehicle charging company ChargePoint Holdings Inc. were hit with a shareholder's derivative suit accusing them of allowing unsuitable revenue-inflating practices and misleading investors about the company's performance, the subject of multiple lawsuits the company is currently facing.

  • May 29, 2026

    Nielsen Patent Survives Alice Invalidation Bid Before Trial

    A Delaware federal judge on Friday declined to invalidate a patent held by The Nielsen Co. covering audio recognition software under the U.S. Supreme Court's Alice test, saying the language of the patent was not abstract.

  • May 29, 2026

    3rd Circ. Leaves Dominican Woman's Removal Intact

    A divided Third Circuit on Friday left intact a Board of Immigration Appeals decision denying a Dominican woman's bid to avoid removal after a drug conviction, with the three-judge panel splitting over both jurisdiction and the attorney general's authority to treat drug-trafficking offenses as "particularly serious crimes" by default.

  • May 29, 2026

    Gov't Pressed On Trump's Authority For H-1B Visa Fee

    A Massachusetts federal judge on Friday searched for the limits of the president's power to restrict foreign workers from entering the U.S., as the government defended attaching a $100,000 fee to process certain skilled-worker visas.

  • May 28, 2026

    Ex-NBA Player Sues Crypto Co. After $2M Publicity Deal Sours

    Former NBA player Tristan Thompson sued cryptocurrency firm World Mobile Group Ltd. in Delaware Chancery Court, accusing the company of manufacturing bogus allegations to get out of its obligations under his $2 million brand ambassador deal while continuing to use his name, image and likeness.

  • May 28, 2026

    3 Federal Circuit Clashes To Watch In June

    The Federal Circuit's argument calendar next month includes a dispute between Micron and Netlist over Idaho's law against "bad faith" patent suits, and appeals of multimillion-dollar verdicts against Boston Scientific on a stent patent and TP-Link on Wi-Fi patents.

  • May 28, 2026

    5 AI Cos. Sued Over Neural Network Patent In Delaware

    Five companies developing various transcription, speech-to-text and customer experience products with artificial intelligence are facing lawsuits brought by an entity alleging they infringed a patent covering neural networks.

  • May 28, 2026

    Chancery Tosses Insider Financing Suit Against Ayala Brass

    The Delaware Chancery Court has dismissed a stockholder derivative suit against several venture capital investors and directors of biotechnology company Ayala Pharmaceuticals Inc., ruling that the plaintiff failed to show the board could not independently evaluate litigation over a disputed 2023 financing deal.

  • May 28, 2026

    Athletes Decry Antitrust Immunity In College Sports Bill

    College athlete advocacy groups have criticized a proposed bipartisan U.S. Senate bill that provides congressional oversight to college sports and allows athletes to have agents, but also limits player movement and compensation and grants the NCAA antitrust immunity.

  • May 28, 2026

    Bestar Wins Ch. 15 Bid Amid Landlord Deposit Tussle

    A Delaware bankruptcy judge on Thursday granted Chapter 15 recognition to Canadian furniture company Bestar Inc. over the objection of a landlord seeking a $250,000 security deposit for potential damages that could occur when Bestar's foreign representative begins to liquidate a western New York factory next month.

  • May 28, 2026

    King & Spalding Blocked From Exiting $300M Fraud Lawsuit

    King & Spalding LLP and Lennon Murphy & Phillips LLC can't withdraw from representing clients in consolidated litigation over an alleged $300 million stock swindle, a Connecticut state court judge has ruled, saying the firms' motions ahead of a June trial lack good cause.

  • May 28, 2026

    ITC Investigating Welch's Rival's Fruit Snack Imports

    The U.S. International Trade Commission opened an investigation into claims by the manufacturer of Welch's Fruit Snacks that a rival company, Cibo Vita, is importing patent-infringing yogurt-covered snacks into the U.S.

  • May 28, 2026

    High Court Says First Step Act Can't Inform Early Releases

    The U.S. Supreme Court ruled Thursday that changes in mandatory minimum sentences cannot be considered retroactively when weighing if a federal prisoner should be granted early release.

  • May 27, 2026

    3rd Circ. Affirms Toss Of Spirit Airlines Site Tracking Suit

    The Third Circuit has refused to revive a proposed class action accusing the now-defunct Spirit Airlines of recording communications by visitors to its website, finding the plaintiffs voluntarily provided information to look for flights and that, at any rate, many understand "'that what we do on the Internet is not completely private.'"

  • May 27, 2026

    3 Generic Drug Antitrust Deals Totaling $17.9M Get Final Nod

    A Connecticut federal judge on Wednesday gave final approval to a $17.9 million generic drug price-fixing settlement between pharmaceutical companies Bausch Health US LLC, Bausch Health Americas Inc., and Lannett Co. Inc. and 48 states, territories, and governments, finding the terms reasonable despite an objection.

  • May 27, 2026

    3rd Circ. Asks If Denny's Must Notify Servers Of Notification

    The Third Circuit appeared startled Wednesday at the notion that the Fair Labor Standards Act requires employers to notify workers that they're required to notify them of various aspects of the wage law, as Denny's seeks to overturn certification of a server's suit accusing it of violating the act's disclosure requirement.

  • May 27, 2026

    Del. Judge Upholds Voting By Corporations In Local Elections

    The Delaware Superior Court has ruled that corporations, trusts, limited liability companies and other artificial entities may legally vote in municipal elections in the town of Fenwick Island, rejecting a constitutional challenge brought by the American Civil Liberties Union of Delaware over what it called unlawful "vote dilution."

  • May 27, 2026

    Stock Trade Co. Wants Out Of Mallinckrodt Clawback Suit

    A high-frequency stock trading firm is asking a Delaware bankruptcy judge to make it the latest defendant dismissed from a bid by Mallinckrodt PLC to recover $1.6 billion paid for stock buybacks before the opioid distributor's bankruptcy.

  • May 27, 2026

    3rd Circ. Mulls 401(k) Plan Terms In 2 Forfeiture Fights

    The Third Circuit Wednesday seemed inclined to revive a Siemens worker's proposed class action alleging the technology company misspent 401(k) forfeitures, but appeared more skeptical of a Honeywell ex-worker's bid to revive a similar class action given differences in plan language.

  • May 27, 2026

    Pierce Atwood Rips Billionaire's 'Absurd' Suit Over Asset Sale

    Pierce Atwood and two attorneys urged a Massachusetts federal judge to reject a Ukrainian billionaire's suit blaming them for a $1.8 million damages order in investor litigation over the billionaire's failed biotech company, saying his own wrongdoing led to the judgment.

  • May 27, 2026

    Caterpillar Launches New Patent Suits Against Bobcat

    Construction equipment maker Caterpillar Inc. has added to an intellectual property dispute between it and rival Doosan Bobcat by filing patent infringement claims in Delaware federal court and seeking a ban on Bobcat's imports of certain heavy machinery at the U.S. International Trade Commission.

Expert Analysis

  • 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.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • How DExit, Mandatory Arbitration Could Alter IPO Outlook

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    As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

  • Opinion

    3rd Circ. Must Reject EEOC's Flawed Equal Pay Theory

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    To avoid illogical outcomes, the Third Circuit, in Cartee-Haring and Marinello v. Central Bucks School District, should refute the U.S. Equal Employment Opportunity Commission’s recently filed amicus brief in support of the plaintiffs’ bias claims based on pay compared with one single co-worker, say Allan King at Littler and Stephen Bronars at Edgeworth Economics.

  • 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.

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