Delaware

  • July 01, 2026

    LSD Treatment Trade Secrets Suit Fails For Lack Of Specifics

    A Delaware federal judge on Wednesday dismissed a biotech company's suit alleging a rival stole trade secrets regarding clinical trials of LSD treatments for psychiatric disorders, saying the trade secrets had not been described with enough specificity.

  • July 01, 2026

    Fubo Faces Adeia Streaming Patent Suit In Del.

    Adeia Media Holdings on Wednesday sued FuboTV in Delaware federal court alleging the sports streaming venture infringed four of its patents, months after the patent owner announced a deal to end infringement litigation against Fubo's controlling company Disney.

  • July 01, 2026

    3rd Circ. Backs Sentence Bump For Gun's 1 Marred Serial No.

    A Third Circuit panel upheld a Pennsylvania man's sentence for possessing a firearm as a felon on Wednesday, finding that an enhancement applied since his pistol had one serial number defaced.

  • July 01, 2026

    Sign Co. Says WSFS Sanctions Bid Violates Mediation Deal

    A sign company asked a New Jersey federal court to sanction Wilmington Savings Fund Society FSB over claims that it violated mediation confidentiality in the bank's suit alleging breach of contract and professional negligence after part of the signage on its Philadelphia building broke off and fell 40 stories to the ground.

  • July 01, 2026

    3rd Circ. Tests FERC's Attention To Public Input In Hydro Case

    A Third Circuit panel Wednesday dug into whether the Federal Energy Regulatory Commission really listened to the concerns of residents of York County, Pennsylvania, about its initial approval of a hydroelectric project they claimed could lead to ecological and property damage.

  • July 01, 2026

    3rd Circ. Says Hidden Bank Accounts Count As Tax Evasion

    The Third Circuit found a Pennsylvania insurance business owner guilty of two counts of tax evasion, affirming Wednesday a lower court jury's conclusion that he willfully concealed a bank account on 2016 tax forms while the IRS was pursuing collection action against him.

  • July 01, 2026

    Split Fed. Circ. Backs Block On Generic Of Otsuka Neuro Drug

    A split Federal Circuit panel on Wednesday supported a lower court's temporary block on Hetero Labs from selling a generic version of Otsuka's neurological disorder drug, even as it disagreed with the decision to waive Otsuka's requirement to post a bond while the case proceeds.

  • July 01, 2026

    3rd Circ. Nixes Life Term In Fatal Drug Sale Case

    The Third Circuit vacated a life sentence issued to a man convicted of selling drugs that ultimately killed the buyer, ruling Wednesday that while his conviction was valid, the lower court improperly considered prior state law drug convictions in fashioning the sentence.

  • July 01, 2026

    Del. Chancery Revives Ex-Partner's Fiduciary Claims

    A former Saffron Hill venture capital partner can pursue claims that the firm's founders and general partner breached fiduciary duties by restructuring the business to strip him of the value of his carried interest, even as the Delaware Chancery Court dismissed his contract-based claims challenging the same conduct.

  • June 30, 2026

    Justices' Birthright Ruling Leaves Little Room For Congress

    The U.S. Supreme Court's 5-4 holding Tuesday that President Donald Trump's executive order limiting birthright citizenship is unconstitutional did more than invalidate the policy, it effectively foreclosed Congress from trying to implement the executive order through legislation, experts told Law360.

  • June 30, 2026

    Cannabis Investors Want Arbitration Award Fast-Tracked

    A group of cannabis investment funds has asked the Delaware Chancery Court to fast-track their bid to confirm a favorable arbitration award and immediately prevent entrepreneur John David Engel and several of his affiliated entities from taking actions that could undermine the award while confirmation proceedings are pending.

  • June 30, 2026

    3rd Circ. Says Pro Se Defendant Can't Get Trial Redo

    The Third Circuit on Tuesday said it would not reward a self-represented defendant's "chicanery," upholding a man's conviction for child sexual abuse after finding he was aware he was facing a functional life sentence before proceeding to trial pro se, and that a misstatement by the trial judge in his case did not change that.

  • June 30, 2026

    Defamation Litigation Roundup: Tyra Banks, Carroll, ERISA

    In this month's review of defamation fights, Law360 highlights Tyra Banks' suit over a Netflix docuseries about her long-running modeling competition show, as well as a late-night television host's defeat of a case taking issue with a segment on Medicaid coverage in Iowa.

  • June 30, 2026

    Investor Sues In Chancery Over Alleged Sham Freeze-Out

    A minority investor in a medical technology company has sued its controlling stockholder in Delaware Chancery Court, accusing him of engineering a sham freeze-out merger that eliminated minority investors for pennies while diverting valuable intellectual property into companies he controlled.

  • June 30, 2026

    Vice Chancellor Zurn Confirmed For Del.'s Supreme Court

    Delaware Vice Chancellor Morgan T. Zurn was confirmed Tuesday by the state's Senate to serve a 12-year term on Delaware's highest court, filling a seat that will be vacated by Justice Karen L. Valihura in July.

  • June 30, 2026

    Justices Strike Down Trump's Birthright Citizenship Order

    The U.S. Supreme Court on Tuesday thwarted President Donald Trump's attempt to limit birthright citizenship to babies born to parents with permanent ties to the United States, finding the 14th Amendment cannot be read that narrowly — a decision dissenting justices fear will jeopardize the country's future.

  • June 29, 2026

    26 States Sue To Nix Medicaid Work Rule For Medically Frail

    More than two dozen states sued the Trump administration Monday in Massachusetts federal court in a bid to strike down new Medicaid work requirements for certain enrollees, saying the administration did not consider the consequences the requirements would have on vulnerable Medicaid enrollees.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Harvey Gulf CEO Sued In Chancery Over Alleged Control Grab

    Black Diamond-affiliated investment funds sued Harvey Gulf International Marine Inc.'s chief executive and other major stockholders in the Delaware Chancery Court, alleging they improperly orchestrated a stock transfer that gave CEO Shane J. Guidry majority control of the offshore vessel company.

  • June 29, 2026

    ITC To Probe Bobcat Imports After Caterpillar Complaint

    The U.S. International Trade Commission has opened an investigation into whether construction equipment maker Doosan Bobcat imported certain heavy machinery that infringed rival Caterpillar Inc.'s patents.

  • June 29, 2026

    Yellow Corp. Dodges WARN Act Liability Over 2023 Layoffs

    Yellow Corp. suffered a major loss in its bankruptcy proceedings Monday when the U.S. Supreme Court preserved a finding that it owes billions in retirement payments, but the defunct trucking company notched a small win in Delaware federal court by skirting liability for a WARN Act violation.

  • June 29, 2026

    3rd Circ. Won't Hear Appeal In Fatal Osprey Crash Suit

    The Third Circuit on Monday denied a petition from the families of eight U.S. service members killed in a V-22 Osprey crash in November 2023 who sought to appeal the dismissal of their state court claims against The Boeing Co., Bell Textron Inc. and Universal Stainless & Alloy Products Inc. over the crash.

  • June 29, 2026

    Asthma Drug Developer To Wind Down In Chancery Court

    A subsidiary of Rock Creek Advisors LLC created to administer the liquidation of an asthma drug developer to pay creditors notified Delaware's chancery court that the company turned to a wind-down after clinical trials came to a halt.

  • June 29, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving controlling stockholders, executive compensation, take-private transactions, books and records demands and board governance, while the Delaware Supreme Court issued decisions in two corporate records cases previously decided in the Chancery.

  • June 29, 2026

    Justices Toss 3rd Circ. Pot Gun Ruling, Leave 5th Circ. Intact

    The U.S. Supreme Court on Monday disposed of two cases questioning whether a federal law barring users of marijuana from lawful gun ownership runs afoul of the Second Amendment, following the justices' recent ruling on a similar matter.

Expert Analysis

  • Opinion

    Judicial Restraint Anchors Constitutional Order

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    Contrasting opinions in two recent U.S. Supreme Court rulings — Trump v. CASA and Bost v. Illinois State Board of Elections — demonstrate how the judiciary’s constitutionally entrusted role can easily be preserved or disrupted, and invite renewed attention to the enduring importance of judicial restraint, says Ninth Circuit Judge J. Clifford Wallace.

  • Series

    Alpine Skiing Makes Me A Better Lawyer

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    Skiing has shaped habits I rely on daily as an attorney — focus, resilience and the ability to remain steady when circumstances shift rapidly — and influences the way I approach legal strategy, client counseling and teamwork, says Isaku Begert at Marshall Gerstein.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • PTAB Memo Recenters Discretion On US Manufacturing

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    Read alongside recent Federal Circuit decisions, U.S. Patent and Trademark Office Director John Squires' memo on patent denial considerations emphasizes domestic manufacturing in a way that the International Trade Commission does not require, says Brandon Theiss at Volpe Koenig.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • State Carbon Cost Disparities Are Pivotal In Data Center Siting

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    When choosing U.S. data center locations, developers must carefully consider the patchwork of state and regional carbon emission pricing regimes that are layered on top of the federal permitting framework, creating compliance cost differentials that could add up to billions of dollars, say attorneys at Davis Graham.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

  • Keys To Federal Carbon Compliance In Data Center Siting

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    Recent statements from the White House and state governors about making data centers pay for their own power infrastructure have underlined the importance of choosing locations, generation technologies and deal structures to optimize carbon, permitting and compliance costs, say attorneys at Davis Graham.

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