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Delaware
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January 29, 2026
DC Circ. Urged To Revive PJM Watchdog's Access Fight
The electricity market watchdog for PJM Interconnection on Thursday urged the D.C. Circuit to reconsider its dismissal of its lawsuit over the Federal Energy Regulatory Commission denying it access to certain committee meetings held by the regional grid operator.
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January 29, 2026
TreeHouse Foods Sued In Chancery For Docs On $2.9B Sale
A TreeHouse Foods stockholder filed suit in Delaware's Court of Chancery late Wednesday for expedited access to withheld documents on the company's $2.9 billion agreement in November to sell the packaged snack and beverage company to affiliates of Investindustrial VIII SCSp, an independently managed group of European investment, holding and advisory companies.
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January 29, 2026
Fight To Control Security Screening Co. Hits Del. Chancery
A former director of a Florida-based weapon screening technology maker has asked the Delaware Chancery Court to determine who actually controls the company, bringing a summary proceeding challenging his recent removal from the board following what he described as an invalid stockholder vote grounded in a deeply flawed capitalization table.
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January 28, 2026
$3.1M Legal Fee At Heart Of Latest Feud In Citgo Sale Saga
A dispute over who should pay a more than $3 million bill incurred by special master Robert Pincus as he fended off a disqualification bid has become another flash point in long-running litigation aimed at auctioning off Citgo to satisfy billions of dollars' worth of Venezuelan debt.
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January 28, 2026
Trade Secret Filings Hit Record High In 2025, Report Finds
Trade secret litigation reached an all-time high in 2025, with more than 1,500 federal cases filed for the first time ever, according to a new report by legal analytics firm Lex Machina, which also highlights trends about damages, the busiest courts and the law firms most frequently involved.
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January 28, 2026
Del. Court Presses Norcold On Insider Bankruptcy Sale
A Delaware bankruptcy judge said he will issue an oral ruling in the coming days after hearing hours of sharply contested argument over whether Norcold LLC can proceed with an insider sale of its assets outside of a Chapter 11 plan, a transaction critics say would extinguish valuable litigation claims and leave the estate administratively insolvent.
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January 28, 2026
Del. Justices Told ERISA, Legal Fee Tangle Unprecedented
An attorney for a distressed credit fund told Delaware's Supreme Court justices on Wednesday that a vice chancellor made an unprecedented finding last year that provisions of the nation's employee retirement income law barred entitlement to legal fee advancement in a state contract case, urging the justices to overturn the ruling.
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January 28, 2026
Chancery Awards $50M To Arxada In Trade Secrets Case
Chemicals company Arxada on Wednesday was awarded more than $50 million in damages and expenses in its lawsuit in Delaware's Court of Chancery claiming the owner of a company it bought took its trade secrets with his family to form a competitor.
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January 28, 2026
7th Circ. Weighs 'Unprecedented' Clearview AI Privacy Deal
The Seventh Circuit on Wednesday raised misgivings about a novel settlement ending multidistrict litigation over Clearview AI's collection of biometric data online, pressing an attorney for those objecting to the deal to offer alternatives they'd deem fair, given the risk of the company going bankrupt and class members receiving no payout at all.
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January 28, 2026
Alito Rejects Bid To Pause 3rd Circ.'s Computer Fraud Ruling
U.S. Supreme Court Justice Samuel Alito on Wednesday denied a debt collection agency's request to stay a Third Circuit decision that found the Computer Fraud and Abuse Act does not support claims against employees who share work passwords.
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January 28, 2026
Bankrupt Alaska Airline Gets First-Day Ch. 11 Nods In Del.
A bankrupt Alaska-based airline landed its first Chapter 11 motion approvals in Delaware on Wednesday, with a U.S. Trustee's Office attorney noting that "this case has some unusual qualities to it," including an absence of revenue.
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January 28, 2026
Company Seeks Damages Despite Invalid Noncompetes
The Delaware Supreme Court on Wednesday probed how far employers can go in enforcing noncompete and nonsolicitation clauses tied to lucrative equity awards, pressing both sides in a dispute between Fortiline Inc. and Patriot Supply Holdings Inc. and a group of former executives on whether companies should be able to recover damages for alleged breaches even when lower courts have found the underlying restraints unenforceable.
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January 28, 2026
Criminal History Law Covers Job Seeker's Suit, 3rd Circ. Says
The Third Circuit reinstated a suit Wednesday from a job applicant who said a trucking company illegally rejected him because of a past armed robbery conviction, ruling that a Pennsylvania law that sets guardrails on the consideration of criminal histories in hiring applies to his case.
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January 28, 2026
3rd Circ. Appears Skeptical Of Quest's Early Win In 401(k) Suit
The Third Circuit on Wednesday pressed attorneys defending Quest Diagnostics Inc.'s pretrial defeat of a proposed class action from workers who alleged that their 401(k) savings were drained by underperforming investment funds, spotlighting the parties' disagreement over whether the lab company followed its own investment policy statement.
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January 27, 2026
Delaware Court Nixes Comerica-Fifth Third Merger Block
A premium deal price and lack of a competitive alternative justified the Court of Chancery's rejection of an injunction barring banking company Comerica Inc. from moving ahead with a $10.9 billion acquisition by Fifth Third Bancorp, a Delaware vice chancellor said in a letter decision released late Monday.
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January 27, 2026
Chancery Keeps Alive Jefferies Claims In EV Co. SPAC Suit
Aiding and abetting and breaches of fiduciary duty claims went forward in Delaware Chancery Court on Tuesday against Jefferies LLC in connection with the $1.4 billion take-public blank check company merger of electric vehicle company Electric Last Mile Solutions Inc.
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January 29, 2026
Law360 Seeks Members For Its 2026 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2026 editorial advisory boards.
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January 27, 2026
Squires Cements Deshpande's Role As Top PTAB Judge
U.S. Patent and Trademark Office Director John Squires has named Kalyan Deshpande to serve as the Patent Trial and Appeal Board's chief judge.
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January 27, 2026
Del. Supreme Court Backs Harman In $28M Coverage Fight
The Delaware Supreme Court on Tuesday affirmed a lower court ruling requiring insurers to cover a $28 million settlement paid by Harman International Industries Inc. to resolve stockholder litigation over its $8 billion sale to Samsung Electronics Co. Ltd., rejecting arguments that the payment amounted to a prohibited postdeal "bump-up" in merger consideration.
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January 27, 2026
Offit Kurman Beats Appeal In $40M Malpractice Suit
The Pennsylvania Superior Court has ruled that a lower court properly granted summary judgment in favor of Offit Kurman and two of its lawyers in a legal malpractice case.
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January 27, 2026
Regional Alaska Airline Hits Ch. 11 With $65.7M Of Debt
The parent company of New Pacific Airlines filed for Chapter 11 protection in Delaware on Monday along with several affiliates, listing about $65.7 million of debt and saying its regional Alaskan flight routes proved to be financially unsustainable in the years after the COVID-19 pandemic.
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January 27, 2026
Clinic Workers' Vax Bias Suit Needs 2nd Look, 3rd Circ. Says
A split Third Circuit panel reinstated a religious bias suit claiming Geisinger Medical Center illegally required workers who opposed its COVID-19 vaccine mandate to undergo nasal testing, saying the employees should have been allowed to explore whether a chemical in the nasal swabs made that accommodation unreasonable.
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January 27, 2026
Chancery Tosses Retiring BDO USA Partner's Equity Case
The Delaware Chancery Court has dismissed a former partner of a major accounting firm's lawsuit challenging the company's decision to strip him of equity status after he announced plans to retire, holding that the governing partnership agreement gave the firm's board unfettered discretion to do exactly that.
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January 26, 2026
Minn. Judge Probes Limits Of ICE Enforcement Actions
A Minnesota federal judge on Monday considered whether to preliminarily block the Trump administration from sending thousands of immigration enforcement officers to the state, questioning if the surge is a coercive federal act in violation of state sovereignty.
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January 26, 2026
3rd Circ. Finds NJ Officials Shielded From COVID Deaths Suit
A proposed class action on behalf of the families of roughly 10,000 nursing home residents who died early in the COVID-19 pandemic cannot proceed against New Jersey officials over their response, the Third Circuit has ruled, finding the officials are protected through qualified immunity.
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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How FERC Is Shaping The Future Of Data Center Grid Use
Two recent orders from the Federal Energy Regulatory Commission affecting the PJM Interconnection and Southwest Power Pool regions offer the first glimpse into how FERC will address the challenges of balancing resource adequacy, grid reliability and fair cost allocation for expansions to accommodate artificial intelligence-driven data centers, say attorneys at Husch Blackwell.
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And Now A Word From The Panel: MDL Year In Review
2025 was a roller coaster for the Judicial Panel on Multidistrict Litigation, with the panel canceling one hearing session due to the absence of new MDL petitions, yet also issuing rulings on more new MDL petitions than in 2024 — making it clear that MDLs are still thriving, says Alan Rothman at Sidley Austin.
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Series
Judges On AI: How Judicial Use Informs Guardrails
U.S. Magistrate Judge Maritza Dominguez Braswell at the U.S. District Court for the District of Colorado discusses why having a sense of how generative AI tools behave, where they add value, where they introduce risk and how they are reshaping the practice of law is key for today's judges.
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Evenflo IP Ruling Shows Evidence Is Still Key For Injunctions
Notwithstanding renewed policy and doctrinal attention to patent injunctions, the Federal Circuit's December decision in Wonderland v. Evenflo signals that the era of easily obtained patent injunctions has not yet arrived, say attorneys at King & Wood.
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Justices' Med Mal Ruling May Spur Huge Shift For Litigators
The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits
The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.