Delaware

  • June 02, 2026

    Reddit's Reply To Bylaw Protest Likely AI-Made, Investor Says

    A Reddit investor sued in Delaware's Chancery Court on Monday alleging that when he challenged a charter provision that he says unlawfully restricts investors from removing board members designated by Reddit's biggest shareholder, the social media company responded with an "absurd" argument that appears to have been generated by artificial intelligence.

  • June 02, 2026

    Samsung, Micron Face Fresh Patent Threats From Netlist

    Netlist Inc. has accused Samsung Electronics Co. Ltd. and Micron Technology Inc. of infringing more of its patents covering memory and storage technology, the latest chapter in wide-ranging, long-running intellectual property disputes between the companies, according to a pair of complaints filed in Texas and Delaware.

  • June 02, 2026

    'Citizenship Lists' For Mail Voting Worry Mass. Judge

    A federal judge in Boston had tough questions on Tuesday for a lawyer defending President Donald Trump's executive order tightening mail voting rules, flagging concerns that voters could be disenfranchised by the changes.

  • June 02, 2026

    Virtu Insider Buyback Suit Survives Dismissal Bid

    The Delaware Court of Chancery on Tuesday refused to dismiss a stockholder lawsuit accusing Virtu Financial Inc.'s founder and top executives of using the company's share repurchase program to unfairly enrich insiders at the expense of public investors, finding that the claims were reasonably supported at the pleading stage.

  • June 02, 2026

    3rd Circ. Asks NJ To Define 'Unreasonable' Gunmaker Conduct

    The Third Circuit on Tuesday appeared skeptical of the state of New Jersey's position that The National Shooting Sports Foundation still lacked standing as it tries to renew its challenge of a Garden State law allowing it to sue gunmakers for endangering public safety, questioning what exactly is impermissible under broad statutory language like "unreasonable" conduct.

  • June 02, 2026

    R1 Deal Defendants Urge Chancery To Toss Investor Suit

    Counsel for TowerBrook Capital Partners LP and Ascension Health Alliance urged the Delaware Chancery Court on Tuesday to dismiss a stockholder suit over medical company R1 RCM Inc.'s $8.9 billion take-private deal, arguing that the investors did not control the company under Delaware law.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    Judge Ends Nausea Drug Suit After Invalidating Other Patents

    A federal judge has ruled one set of patents covering the nausea drug Cinvanti was invalid and found a set asserted in another suit not infringed.

  • June 02, 2026

    Lack Of Indemnity Liability Doomed Vax IP Case, Judge Says

    Drug developer Acuitas Therapeutics Inc. failed to show that it would have to indemnify BioNTech as a result of GlaxoSmithKline's patent infringement lawsuit against BioNTech and Pfizer over the COVID-19 vaccine, a Delaware federal judge has said.

  • June 02, 2026

    Dem AGs Slam Climate Science Removal From Judicial Guide

    The federal judiciary's decision to strike a chapter on climate change from its guide to scientific evidence is misguided, partisan and "will impede the judiciary's ability to pursue truth," according to a Tuesday letter from nearly two dozen Democratic state attorneys general.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    Judge Trims Dental Patent Case, But Keeps Patent Alive

    A Delaware federal judge has refused to invalidate a pair of dental patents that medical technology companies Align Technology and Medit Corp. were accused of infringing, but did agree to narrow the case.

  • June 01, 2026

    Law Unclear On 'Deplorable' Photo Share, 3rd Circ. Rules

    A split Third Circuit panel has ruled that a Philadelphia police officer can't be sued for photographing and sharing a picture of a dead man who jumped from a bridge, holding that while the conduct was "deplorable," the Constitution did not clearly establish that families have a right to control images of their loved ones' deaths.

  • June 01, 2026

    JPMorgan Defeats Suit Over Transaction Processing Patent

    JPMorgan Chase & Co. was able to dodge a suit accusing it of infringing a patent covering a way to process a financial transaction, after a Delaware federal judge agreed that the patent didn't pass the U.S. Supreme Court's Alice test.

  • June 01, 2026

    KnowBe4 Escapes Suit Over $4.6B Take-Private Deal

    Security awareness platform KnowBe4 and several affiliates successfully argued for dismissal of a suit from shareholders challenging the company's $4.6 billion sale to private equity firm Vista Equity Partners, with the court finding the suit does not adequately allege the company's ex-CEO and its financiers breached their fiduciary duties.

  • June 01, 2026

    Judge OKs 3rd Circ. Review For Homebuyer Antitrust Case

    A Pennsylvania federal judge on Monday allowed brokerage Hanna Holdings to ask the Third Circuit to review a March decision largely rejecting its attempt to escape claims from homebuyers that its allegiance to National Association of Realtor rules drove up the cost of purchases.

  • June 01, 2026

    Lugano OK To Hand Over Insurance For Lost $10.5M Diamond

    Jewelry house Lugano Diamonds on Monday secured a Delaware bankruptcy judge's tentative approval to transfer an insurance policy to a creditor that consigned the debtor a diamond worth $10.5 million that later went missing.

  • 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.

Expert Analysis

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Operational AI Washing: Dismantling Claims Before Discovery

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    Operational AI washing claims can be rebuffed before discovery extracts their true costs by turning the documentary record established in earnings calls and public disclosures into a layered defense, which can exploit the Private Securities Litigation Reform Act’s heightened pleading standards, say attorneys at Akerman.

  • Teva Ruling Offers Patentees New Support For Genus Claims

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    The Federal Circuit's recent decision in Teva v. Eli Lilly, finding that the Teva patents at issue are not invalid, offers an interesting counterexample against the recent trend of courts invalidating patents claiming a broad, functionally defined class of compounds, say attorneys at Cooley.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • Operational AI Washing: Fortifying The Disclosure Record

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    The same artificial intelligence-driven workforce narratives that once appeared in earnings calls and Form 8-Ks can easily become raw material for future operational AI washing claims, so companies must be careful when drafting public disclosures because winning a federal motion to dismiss starts months before a lawsuit is ever filed, say attorneys at Akerman.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Operational AI Washing: The Section 220 Information Strategy

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    Plaintiffs filing AI washing claims will likely use Section 220 of the Delaware General Corporation Law to obtain internal board records, but 2025 amendments have fundamentally changed the landscape of presuit shareholder document demands in ways that create both risk and opportunity for companies, say attorneys at Akerman.

  • Del. Dispatch: The Hurdles To Early Fraud Claim Dismissal

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    Particularly where the alleged facts may suggest potentially blatant or egregious misconduct, the pleading-stage standards highlighted in the Delaware Court of Chancery's recent decision in Diem v. Maisonette provide a ready route for the nondismissal of claims before a trial, say attorneys at Fried Frank.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

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