Delaware

  • November 04, 2026

    Westlaw AI Fight Warrants Full Court Review, 3rd Circ. Told

    Ross Intelligence urged the full Third Circuit to revisit a copyright decision concluding that it wasn't protected by fair use when it trained its artificial intelligence legal research platform on Thomson Reuters' Westlaw headnotes, arguing that "at every turn, the panel asked the wrong question."

  • November 04, 2026

    DOD Says It Has Resumed Wind Project Reviews

    The U.S. Department of Defense urged an Oregon federal judge to reject renewable energy backers' claim that the Pentagon has continued its unlawful freeze on reviewing proposed wind energy projects, saying reviews have resumed at every stage.

  • November 04, 2026

    Meta Share Plan Fight Gets January Injunction Hearing

    The Delaware Chancery Court ruled Wednesday that stockholders challenging Meta Platforms Inc.'s plan to create nonvoting shares will get a preliminary injunction hearing in early January, rejecting the company's push for a full trial before the transaction takes effect Jan. 19, 2027.

  • November 04, 2026

    AGs Say Taro's $200M MDL Deal Doesn't Bar Their Claims

    Dozens of state attorneys general urged a Connecticut federal judge Tuesday not to let Taro Pharmaceuticals block a swath of their price-fixing claims with a $200 million settlement it struck with plaintiffs in separate multidistrict litigation, arguing the claims and plaintiffs are too separate to bind one another.

  • November 04, 2026

    AI-Moderated Social App Hits Ch. 11 With $32M Debt

    WeAre8, a social media platform that uses artificial intelligence to moderate content, has filed for Chapter 11 protection in Delaware with more than $32 million in funded debt and plans to sell all its assets.

  • November 04, 2026

    State AG Race Wins Set To Give Dems Control Of Most Offices

    Democrats are poised to oversee a majority of state attorneys general offices around the country after Tuesday's elections saw the party hang on to all of its existing seats and flip control of five offices from the Republicans, according to unofficial election results.

  • November 04, 2026

    ILC Cos. To Pay $13M To Resolve Cybersecurity Fraud Claims

    The U.S. Department of Justice has announced that defense and aerospace contractors ILC Dover LP and ILC Astrospace LLC will pay $13 million to resolve allegations that they violated the False Claims Act.

  • November 04, 2026

    Attys Ensure Voters' 'Right To Be Heard' In Midterm Elections

    From BigLaw attorneys and solo practitioners to university professors, thousands of attorney volunteers turned out for Tuesday's midterm elections to ensure American voters' ballots would be counted.

  • November 04, 2026

    State AGs Tell Congress $17B Meta Deal Didn't Go Far Enough

    A bipartisan coalition that includes nearly every state attorney general is urging Congress to pass legislation designed to further improve online protections for minors, just two months after a $17 billion multistate settlement was reached with Meta.

  • November 04, 2026

    Judge OKs $353M Bid For Power Plant In Ch. 11

    A Delaware bankruptcy judge has given West Virginia coal plant operator Omnis Pleasants the go-ahead to accept an approximately $353 million baseline bid for its assets in an auction to be held next week.

  • November 04, 2026

    Lender Says Del. Court Wrongly Voided $20M Loan Liens

    A lender urged the Delaware Supreme Court on Wednesday to revive its claim to $20.4 million in security interests tied to loans to collapsed technology company Bitwise Industries, saying a contract protected it even if the company's executives lacked authority to pledge real estate as collateral.

  • November 03, 2026

    Kathy Jennings Wins 3rd Term As Delaware Attorney General

    Delaware voters gave Democratic Attorney General Kathy Jennings a third consecutive four-year term Tuesday, deciding who will lead an office responsible for prosecuting criminals, protecting consumers and policing corporate misconduct in the nation's leading state for business incorporation.

  • November 03, 2026

    Outback Franchisee Can Tap Ch. 11 Loan To Make Payroll

    The country's largest Outback Steakhouse franchisee received approval Tuesday from a Delaware bankruptcy judge to access part of a $5.5 million Chapter 11 loan so that it can meet an upcoming payroll obligation and keep food and liquor flowing to its restaurants over the next few weeks.

  • November 03, 2026

    Mallinckrodt Loses $9.5M Award, Wins Delay In Airgas Drug

    A Delaware federal judge on Tuesday threw out Mallinckrodt Pharmaceuticals' $9.5 million jury award it won in an infringement case and instead blocked a competitor's inhaled nitric oxide treatment patent until after a pair of Mallinckrodt's patents expire.

  • November 03, 2026

    Synagogue Killer's Appeal Argues Limits Of Hate-Crime Law

    A Third Circuit panel examined Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence Tuesday, focusing partly on his assertion that the Thirteenth Amendment didn't authorize a federal hate-crimes law to include protections for religions.

  • November 03, 2026

    Chancery Ends Icahn Suit Over Illumina's $8B Grail Deal

    The Delaware Chancery Court has approved the dismissal of a lawsuit brought by affiliates of activist investor Carl Icahn against Illumina Inc.'s former directors over the biotechnology company's $8 billion acquisition of Grail Inc., ending the case under a settlement that does not bind other stockholders.

  • November 03, 2026

    Mass. Judge Nixes Feds' Bid To Stay Grant Termination Ruling

    A Massachusetts federal judge on Tuesday rejected the Trump administration's request to stay her judgment that it cannot terminate already-awarded federal grants based solely on the president's current priorities, and chided the government for intentionally slow-walking the case.

  • November 03, 2026

    PE Fund Lost $43M In 'Speculative' Stock Swap, Del. Suit Says

    An investor in a private equity fund has accused its managers in Delaware Chancery Court of secretly exchanging about $43 million in diversified investments for securities in a "speculative" financial company, then failing to sell those holdings before their value plunged 99.98%, leaving investors with virtually nothing.

  • November 02, 2026

    Toyota Says Farmers' Policy Shift Flouts 2021 Insurance Deal

    Toyota Insurance filed a lawsuit on Monday in Delaware state court against Farmers Insurance Exchange and several affiliates, accusing them of breaching an agreement inked in 2021 for Toyota-branded auto insurance policies.

  • November 02, 2026

    Webuild Asks Justices To Clarify Foreign Award Jurisdiction

    Italian construction giant Webuild is urging the U.S. Supreme Court to review a Third Circuit decision reviving litigation to enforce a $140 million arbitral award against it, arguing the justices must resolve whether courts can enforce such awards based solely on a defendant's in-state property.

  • November 02, 2026

    Ex-Fairstead Partner Says Late Experts Violate Court Order

    A former partner at affordable housing firm Fairstead Capital Management LLC urged the Delaware Chancery Court on Monday to stop the company from using newly disclosed valuation experts and documents in a fight over his canceled equity, while Fairstead argued the changes were justified and caused no harm.

  • November 02, 2026

    Monthly Merger Review Snapshot

    The Federal Trade Commission caused a pair of playground equipment makers to abandon their planned merger, Canadian enforcers upended a deal for the Green Giant brand in the country and state attorneys general reached settlements for several regional deals.

  • November 02, 2026

    Weight Loss Biz Files Ch. 11 With $28M Debt

    A telehealth company focused on weight loss has filed for Chapter 11 protection in Delaware with $28 million in liabilities and a dual-track plan to either sell its assets or reorganize.

  • November 02, 2026

    BigLaw Attys Step Up To Help Voters In Midterm Elections

    Attorneys from several BigLaw firms are volunteering across the country to make sure voters don't run into problems casting their ballots or having those ballots counted in Tuesday's midterm elections.

  • November 02, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week allowed a stockholder claim over R1 RCM Inc.'s $8.9 billion buyout to proceed, while investors in Meta Platforms Inc. sued to block a stock restructuring they say would let CEO Mark Zuckerberg sell billions of dollars in shares without giving up control of the company.

Expert Analysis

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • How Groq-Nvidia Suit Tests Venture Capital Exit Math

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    A recent Delaware Court of Chancery suit concerning Nvidia's acquihire of certain Groq employees highlights that when such deals are challenged, the economic dispute turns on reconciling technology, people, cash and continuing ownership rather than on the headline number, says Ben Dubin at VC Expert Services.

  • A Lesson On How Courts Approach Impossible Patent Claims

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    The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.

  • Opinion

    The Invisible AI Danger That May Undermine Legal Profession

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    A public database tracking cases involving hallucinations generated by artificial intelligence recently surpassed 2,200 entries, but the bigger risk underlying attorneys’ use of such tools is that they will slowly surrender their judgment to AI and lose analytical skills, says Massachusetts District Court Associate Justice Brian Palmucci.

  • 10 Ways AI Labs Can Limit Antitrust Risks Of Safety Pacts

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    The OpenAI CEO’s recent call for artificial intelligence laboratories to collectively slow development to allow safety research to catch up invites antitrust scrutiny, but the risks to coordinating competitors can be managed by carefully structuring pacing agreements and layering their approach to compliance, say attorneys at Holland & Knight.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • Coinbase Ruling Showcases A Texas Reincorporation Benefit

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    The Texas Business Court's recent decision in Guillaume v. Armstrong, finding that a shareholder's claims against Coinbase, originally incorporated in Delaware, are nonetheless subject to Texas presuit demand law if made after reincorporation, provides a procedural advantage for companies that have made the move, say attorneys at Cleary.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Del. Ruling Shows How AI Meeting Transcripts Can Backfire

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    In ATG Capital Opportunities Fund v. Lane, the Delaware Court of Chancery reviewed board meeting transcripts generated by an artificial intelligence tool as part of its assessment of the board's motivations, highlighting potential risks of AI-generated corporate records, say attorneys at Debevoise.

  • When Indemnity, Purchase Price Adjustment Claims Overlap

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    The Delaware Court of Chancery's recent decision in WSP v. Versar highlights that courts are willing to enable a buyer to select either indemnity or purchase price adjustment mechanisms, even if the parties did not envision that when negotiating the purchase agreement, says Claire Frost at Arnold & Porter.

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