Delaware

  • May 01, 2026

    Real Estate Recap: Mapping The Affordability Crisis

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a breakdown of federal and state efforts to expand affordable housing and how real estate attorneys are responding.

  • May 01, 2026

    Hospitals Say HHS Is Withholding Safety Net Reimbursements

    For more than 20 years, the U.S. Department of Health and Human Services has failed to pay tens of millions in reimbursements to hospitals serving low-income populations by incorrectly factoring service days for patients enrolled in Medicare Part C, a coalition of 91 medical centers claimed in a D.C. federal lawsuit.

  • May 01, 2026

    Pa. AG Has No Place In Grid Project Fight, High Court Told

    Transmission developer Transource Pennsylvania LLC on Friday urged the U.S. Supreme Court to reject a plea by Pennsylvania's attorney general to intervene in Third Circuit proceedings that allowed the company's project to proceed despite its rejection by state utility regulators.

  • May 01, 2026

    Investors Lose Contract Claims In Del. Over Stock Financing

    The Delaware Chancery Court has dismissed contract-based claims brought by early investors in materials science company Footprint International Holdco Inc., finding that they could not invoke the implied covenant of good faith and fair dealing to add protections to a governance agreement after a disputed financing allegedly wiped out much of the value of their preferred stock.

  • May 01, 2026

    Del. Judge Leans Toward Candor In AI Tech Fight

    A Delaware vice chancellor said Friday she's inclined to find that a legal technology company's term sheet with an Italian artificial intelligence business is binding and that specific performance may be the only workable remedy in a fight over emotion-recognition technology for legal proceedings.

  • May 01, 2026

    5 Argument Sessions Benefits Attys Should Watch In May

    HP, Siemens and Honeywell will defend victories in 401(k) forfeiture suits at the Ninth and Third circuits, while union pensioners will battle over life insurance and early retirement benefits at the Tenth and Seventh circuits. Here, Law360 looks at five coming oral argument sessions that benefits attorneys may want to keep an eye on.

  • May 01, 2026

    SEC's Corp. Governance Shift Puts Onus On States, Cos.

    Lawyers who work with clients on corporate governance matters had a warm response to a recent pledge from U.S. Securities and Exchange Commission Chairman Paul Atkins to let states handle such issues, saying the shift marks a return to the agency's historical approach and may spur increased activity among state regulators.

  • May 01, 2026

    Humana Investor Suit Largely Survives Dismissal Bid

    Health insurer Humana can't shed proposed class action claims it misled investors about the financial impact it would see from pent-up demand for healthcare deferred amid the COVID-19 pandemic, a Delaware federal judge has determined.

  • April 30, 2026

    Fox News Can't Yet Duck Newsom's $787M Defamation Suit

    A Delaware state judge Thursday refused to throw out California Gov. Gavin Newsom's $787 million defamation claims over Fox News' coverage of his June 6 phone call with President Donald Trump, ruling that Newsom has plausibly alleged that Fox News knew it was making false statements when it made them.

  • April 30, 2026

    Gov't Pauses Medicaid Data Use For ICE Amid Injunction Fight

    The Trump administration agreed at a hearing Thursday to temporarily halt the use of 22 states' Medicaid data for immigration enforcement purposes until a San Francisco federal judge clarifies the boundaries of an injunction that the largely Democratic-controlled states had accused the government of flouting.

  • April 30, 2026

    ITC Proposes Litigation Funding Disclosure Rule For IP Cases

    The U.S. International Trade Commission on Thursday proposed a new rule that would require litigants in intellectual property cases before the commission to disclose information about entities that have an ownership or financial interest in the case, including litigation funders.

  • April 30, 2026

    Monthly Merger Review Snapshot

    A pair of door manufacturers ended a landmark private merger challenge, state enforcers are gearing up for a potential Live Nation breakup bid following a crucial jury win, and a separate group of states and DirecTV are challenging Nexstar's $6.2 billion deal for rival broadcaster Tegna.

  • April 30, 2026

    Fishing Gear Founder Beats Immediate TRO Bid

    A Delaware vice chancellor on Thursday declined to immediately block former fishing gear executive Ralph Duda III from operating a women-focused fishing products business but put the dispute on a fast track toward a preliminary injunction hearing in about 45 days.

  • April 30, 2026

    Sunoco Pipeline Suit Belongs In Federal Court, 3rd Circ. Told

    The inclusion of a Pennsylvania-based Energy Transfer LP subsidiary in a state agency's administrative order over a pipeline spill should not be enough to give a state court jurisdiction over local residents' lawsuit stemming from the same spill, Sunoco and Energy Transfer's lawyers told a Third Circuit panel Thursday.

  • April 30, 2026

    Energy Co. Brass Accused Of $58M 'Pump And Dump'

    A stockholder has sued Enphase Energy Inc.'s top officers and directors in the Delaware Chancery Court, accusing them of misleading investors about weakening demand for the solar technology company's products while insiders allegedly sold more than $58.8 million in stock and the company spent nearly $907 million on allegedly inflated share repurchases.

  • April 29, 2026

    Del. Supreme Court Says Bylaw Suits Came Too Soon

    The Delaware Supreme Court on Wednesday upheld the dismissal of stockholder lawsuits challenging advance notice bylaws adopted by The AES Corp. and Owens Corning, ruling that the claims were premature because no actual dispute over the bylaws had yet materialized.

  • April 29, 2026

    Fed. Circ. Revives FedEx Patents But Limits RPI Appeals

    The Federal Circuit told the Patent Trial and Appeal Board on Wednesday to reconsider invalidating FedEx Corp. shipment monitoring patents challenged by Qualcomm Inc., while also making clear when real party in interest decisions can't be appealed.

  • April 29, 2026

    Citgo Bidder Violating Confidentiality Agreement, Court Hears

    Counsel for the oil giant Citgo has accused an affiliate of hedge fund Elliott Investment Management LP of improperly revealing and distorting its confidential information as the parties inch closer toward ending a long-running saga aimed at satisfying billions of dollars' worth of Venezuelan debt.

  • April 29, 2026

    High Court Seeks Path To Limited Ruling On 'Skinny Labels'

    The U.S. Supreme Court on Wednesday appeared reluctant to craft new standards for deciding whether makers of generic drugs that use so-called skinny labels have encouraged others to infringe patents, with several justices saying existing law is sufficient to make a decision.

  • April 29, 2026

    Janus Henderson Inks $6.5M 401(k) Fund Suit Deal

    Janus Henderson will fork over $6.5 million to settle a proposed class action alleging that the asset manager breached fiduciary duties by promoting underperforming proprietary investments in its employee 401(k) plan, according to the terms of the deal filed in Colorado federal court Wednesday.

  • April 29, 2026

    3 Federal Circuit Clashes To Watch In May

    The Federal Circuit's May argument slate includes appeals of invalidity decisions and sanctions tied to VLSI Technology's multibillion-dollar chip patent dispute with Intel, as well as Amazon's challenge to a cloud storage patent verdict against it for over half a billion dollars.

  • April 29, 2026

    3rd Circ. Skeptical Law Prof Harmed By NJ Employment Policy

    The Third Circuit on Wednesday appeared skeptical that an attorney has standing to challenge the constitutionality of a workplace policy for New Jersey employees, asking what imminent harm she faces now that she is no longer subject to the policy.

  • April 29, 2026

    3rd Circ. Upholds Trooper Immunity For Arrest After Shooting

    A man acquitted of homicide and other charges for killing another man in a bar fight cannot continue his case against a Pennsylvania state trooper who he said violated his rights by arresting him and filing an affidavit in support of bringing charges despite knowing the suspect acted in self-defense, a Third Circuit panel has determined.

  • April 29, 2026

    Bausch Balks At Suspected Tweak In Price-Fixing Deals

    A stipulation between state attorneys general and private plaintiffs suing generic-drug makers for alleged price-fixing seems to reflect a change in the states' earlier deal to release claims against Bausch entities, the companies said in asking a Connecticut federal judge to maintain the status quo.

  • April 29, 2026

    Del. High Court Affirms Dismissal Of FTX Claim Deal Suit

    The Delaware Supreme Court has upheld a lower court's dismissal of a dispute over a failed attempt to purchase a multimillion-dollar claim tied to the collapse of onetime crypto giant FTX Trading Ltd., affirming that the case does not belong in Delaware courts.

Expert Analysis

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

  • Why Justices Seem Inclined To Curtail Del. Affidavit Statute

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    After recent oral argument before the U.S. Supreme Court in Berk v. Choy — asking whether Delaware's affidavit-of-merit statute applies in federal diversity actions, or whether the Federal Rules of Civil Procedure displace the state requirement — it appears the court is poised to simplify the standard approach, says Eric Weitz of The Weitz Law Firm.

  • Series

    Adapting To Private Practice: 3 Tips On Finding The Right Job

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    After 23 years as a state and federal prosecutor, when I contemplated moving to a law firm, practicing solo or going in-house, I found there's a critical first step — deep self-reflection on what you truly want to do and where your strengths lie, says Rachael Jones at McKool Smith.

  • Series

    Painting Makes Me A Better Lawyer

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    Painting trains me to see both the fine detail and the whole composition at once, enabling me to identify friction points while keeping sight of a client's bigger vision, but the most significant lesson I've brought to my legal work has been the value of originality, says Jana Gouchev at Gouchev Law.

  • Protecting Sensitive Court Filings After Recent Cyber Breach

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    In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • $100K H-1B Fee May Disrupt Rural Healthcare Needs

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    The Trump administration's newly imposed $100,000 supplemental fee on new H-1B petitions may disproportionately affect healthcare employers' ability to recruit international medical graduates, and the fee's national interest exceptions will not adequately solve ensuing problems for healthcare employers or medically underserved areas, say attorneys at Holland & Knight.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • And Now A Word From The Panel: Choosing MDL Venues

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    One of the most interesting yet least predictable facets of the Judicial Panel on Multidistrict Litigation's practice is venue — namely where the panel decides to place a new MDL proceeding — and its choices reflect the tension between neutrality and case-specific factors, says Alan Rothman at Sidley.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

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