Delaware

  • October 01, 2026

    Blue States Fight EPA Rollback Of Power Plant Climate Rules

    A New York-led coalition of mostly Democratic states and municipalities lodged a petition on Thursday before the D.C. Circuit challenging the U.S. Environmental Protection Agency's recent repeal of Biden-era limits on greenhouse gas emissions from fossil fuel-fired power plants.

  • October 01, 2026

    Ex-SewerAI Shareholder Seeks Del. Appraisal Of $342M Deal

    A former SewerAI Corp. stockholder has asked the Delaware Court of Chancery to determine the fair value of more than 245,000 shares that were cashed out when the sewer technology company was acquired in a deal valuing it at $342 million.

  • October 01, 2026

    Fed. Circ. Backs Galderma In Injection Training IP Case

    The Federal Circuit on Thursday affirmed an order clearing Galderma SA of a medical training startup's accusations that it misappropriated trade secrets related to an injection training system and derailed what could have been a lucrative deal with Allergan PLC.

  • October 01, 2026

    Samsung Win Affirmed Over 'Scientifically Impossible' Patent

    The Federal Circuit on Thursday found that wireless communications patent claims asserted against Samsung were invalid because they did not enable a skilled person to make and use the invention, ruling that "the claims explicitly cover a scientific impossibility that cannot be made or used by a skilled artisan."

  • October 01, 2026

    Janssen Secures Temporary Block Against Arthritis Biosimilar

    A Delaware federal judge has blocked Accord BioPharma from manufacturing a biosimilar version of Janssen's arthritis treatment Simponi while the Johnson & Johnson unit's patent lawsuit plays out.

  • October 01, 2026

    Ambiguous Bond Terms Net FDIC Win In SVB Coverage Fight

    Two insurers must provide coverage to the Federal Deposit Insurance Corp., as receiver for Silicon Valley Bank, for the bank's claim for losses from a $73 million fraud scheme, a North Carolina federal judge ruled, finding ambiguity in bond contract language tipped the scales in the insured's favor.

  • October 01, 2026

    Richards Layton Atty Confirmed To Join Del. Chancery Bench

    Delaware's Senate on Thursday confirmed a Richards Layton & Finger PA director to a 12-year term as a vice chancellor on the Chancery Court.

  • October 01, 2026

    Delaware Powerhouse: Richards Layton

    Richards Layton & Finger PA remains one of Delaware's standout firms by continuing to attract top talent, handling a wide variety of corporate, intellectual property and other matters, and playing a role in shaping key corporate law provisions.

  • October 01, 2026

    Tech Co. AdHawk's Investors Sue Over $15M Merger Earnout

    Two shareholders of adHawk Inc. have sued the flooring software company's former directors and officers in Delaware Chancery Court, accusing the insiders of diverting $15 million from a roughly $159 million sale to Cyncly and giving themselves access to equity in the buyer that other stockholders were denied.

  • October 01, 2026

    Monthly Merger Review Snapshot

    State enforcers settled their case challenging Paramount Skydance's planned $110 billion purchase of Warner Bros. Discovery, while the U.S. Department of Justice probes Fox's planned $22 billion deal for Roku and regulators review massive deals in the energy and railroad sectors.

  • October 01, 2026

    Kirkland Tapped To Replace HSF Kramer In Power Plant Ch. 11

    West Virginia coal plant Omnis Pleasants LLC has hired Kirkland & Ellis LLP in its contentious Delaware Chapter 11 after Herbert Smith Freehills Kramer LLP's previous work for key creditors disqualified it as debtors counsel.

  • September 30, 2026

    'Numerical Mumbo Jumbo': Gogo Escapes $22.7M IP Damages

    A federal judge Wednesday undid a damages award of roughly $22.7 million against Gogo Business Aviation for infringing four patents held by rival in-flight Wi-Fi company SmartSky Networks, saying SmartSky had leaned on "numerical mumbo jumbo" in its damages case before a Delaware jury.

  • September 30, 2026

    Eli Lilly Loses Full Fed. Circ. Bid To Nix Teva's $177M IP Win

    Federal Circuit judges Wednesday denied Eli Lilly & Co.'s bid for a full court review of a panel decision that reinstated a $177 million jury verdict against it for infringing Teva headache drug patents, while one dissenting judge said the panel's holding "creates confusion" over enablement standards for patent method claims.

  • September 30, 2026

    Fed. Circ. Won't Order Judge To Invalidate Injection Patents

    The Federal Circuit on Wednesday refused to issue an order for a Utah federal judge to declare patents held by CR Bard Inc. and Bard Peripheral Vascular Inc. invalid at the request of Medical Components Inc.

  • September 30, 2026

    Ex-Verint Directors Sued Over Allegedly Undervalued Sale

    A former shareholder of customer service software company Verint Systems Inc. has accused several of the company's former directors of allowing shareholders to approve an undervalued sale of the company to private equity firm Thoma Bravo last year.

  • September 30, 2026

    3rd Circ. Topples Materiality Rule For Securities Suits

    The Third Circuit on Wednesday revived a securities fraud class action against pharmaceutical company Ocugen Inc., scrapping a decades-old circuit rule that treated a stock price's failure to move after a corrective disclosure as conclusive proof that an alleged misstatement was immaterial.

  • September 30, 2026

    3rd Circ. Calls Westlaw AI Fight 'Ordinary Copyright Case'

    The Third Circuit said the first appellate fight over artificial intelligence training and fair use ultimately came down to an "ordinary copyright case," affirming that Ross Intelligence infringed Thomson Reuters' Westlaw headnotes when it used them to train a competing legal research platform.

  • September 30, 2026

    3rd Circ. Probes Payment Recipients In Fund's $100M Tax Row

    A Third Circuit panel examined dealer-and-customer relations under accounting rules governing their transactions on Wednesday to determine whether the Internal Revenue Service was right to slap a $100 million tax bill against a Cayman Islands hedge fund for payments tied to U.S. portfolio companies.

  • September 30, 2026

    Judge Erases $14M Charger Patent Verdict Against Anker

    A Delaware federal judge has wiped out a $14 million jury verdict against Hong Kong electronics company Anker Innovations after finding its rival litigant, Fundamental Innovation Systems International LLC, failed to properly prove the apportionment segment of the case.

  • September 30, 2026

    Amazon, Investor Clash Over Del. Forum Limits On Records

    Amazon.com Inc. and a stockholder seeking company records clashed before the Delaware Supreme Court on Wednesday over whether the investor should be restricted to using those documents in Delaware litigation, with the stockholder arguing the condition is too broad and Amazon saying it protects against duplicative lawsuits in multiple courts.

  • September 30, 2026

    States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

    A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

  • September 30, 2026

    Relator Must Seek Part Of $4.7B Opioid Deal In State Courts

    A whistleblower must turn to state courts to pursue his bid for a portion of a $4.7 billion settlement between Walgreens Boots Alliance Inc. and a group of states resolving opioid-related claims against the retail pharmacy chain, an Illinois federal judge ruled.

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    Delaware Powerhouse: Potter Anderson

    Delaware powerhouse Potter Anderson & Corroon LLP is marking its 200th year in business, a year spent representing famous names and corporate giants like Nikola, Bally's, Pfizer and SiriusXM in matters ranging from bankruptcies to patents to corporate disputes.

  • September 29, 2026

    Squires Confirms PTAB Judges Will Resume Institution Calls

    Administrative patent judges will soon resume deciding whether Patent Trial and Appeal Board challenges will be instituted on the merits, U.S. Patent and Trademark Office Director John Squires told the Senate on Tuesday during a hearing that also raised questions about if the office has sacrificed patent quality to speed through an examination backlog.

Expert Analysis

  • Fed. Circ. In July: Meeting The Enablement Requirement

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    The Federal Circuit's decision in Wyeth v. AstraZeneca last month exemplifies when a generalized conception of an invention is insufficient to enable the full scope of asserted patent infringement claims, and may lead to more enablement challenges, say attorneys at Knobbe Martens.

  • Calif. Ruling Opens Del. Cos. Up To Stockholder Inspection

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    A California appellate court's recent decision in Salamon v. Orchid Global underscores that despite last year's amendments to the Delaware General Corporation Law, Delaware companies with principal operations in California remain subject to California's broader and more stockholder-protective inspection regime, say attorneys at Sheppard.

  • Series

    Taekwondo Makes Me A Better Lawyer

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    Taekwondo has taught me to recognize when to fight for a position and when to focus on finding a solution, and that the best outcomes are often achieved by solving problems — all of which has improved my work as a bankruptcy lawyer, mediator and Subchapter V trustee, says Amy Denton Mayer at Berger Singerman.

  • Del. Ruling Clarifies Public Benefit Corp. Fiduciary Duties

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    In Drakes Landing v. Tilden Park, the Delaware Court of Chancery recently provided landmark guidance for directors of Delaware public benefit corporations on the fiduciary duties they owe, highlighting that change-of-control transactions may now be protected from challenge under the state's 2025 safe harbor amendments, say attorneys at Richards Layton.

  • Del. Boeing Ruling Shows How Compliance Defeats Caremark

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    The Delaware Chancery Court's recent dismissal of shareholder litigation against Boeing's board in the wake of the Alaska Airlines door-plug blowout incident carries significant lessons for shareholders pursuing Caremark claims, and for corporate counsel advising boards on oversight obligations, says Brian Rostocki at Reed Smith.

  • New Fortress Ch. 15 Adds Fuel To English Restructuring Trend

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    After New Fortress Energy recently became the third Nasdaq-listed company to successfully undertake an English restructuring plan and gain Chapter 15 recognition, U.S. debtors should not overlook this most recent of English exports as a highly effective tool for resolving balance sheet issues, say attorneys at Faegre Drinker.

  • What To Know As Legal Duty To Consider AI Takes Shape

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    While the U.K. Jurisdiction Taskforce’s recent statement on liability for artificial intelligence harms is nonbinding for both U.K. and U.S. lawyers, it highlights the importance of being able to distinguish between the availability of a tool and a professional obligation to use it, say Jonny Frank and Michael Costa at StoneTurn.

  • NC Dental Review Change Counters Tougher National Trend

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    North Carolina’s elimination of its prior review requirement for dental management agreements departs sharply from the national trend toward expanded corporate practice of medicine oversight, but stakeholders should not view this regulatory shift as a relaxation of compliance expectations, say attorneys at Holland & Knight.

  • How To Structure Protective Order AI Provisions In IP Disputes

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    A survey of protective orders in recent intellectual property litigation reveals best practices for drafting provisions on artificial intelligence use that maximize IP protection while balancing enforceability with efficient discovery, say Matthew Stephens and Bryce Tabbut at MoFo.

  • How Solar Fraud Case Affects Lender Oversight Of Dealers

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    The U.S. Supreme Court's refusal to review the Third Circuit's ruling in Migliore v. Sunlight Financial means that residential solar finance companies are protected from vicarious liability for deceptive acts by independent solar dealers — but lenders must still take steps to guard against dealer misconduct, says Rand Manasse at Green Lane Partners.

  • 5 Lessons For VC Investors From Del. IPO Ruling

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    The Delaware Court of Chancery's recent dismissal of Rostov v. Alcon Research, a derivative action over a proposed initial public offering, provides multiple practice pointers for venture capital investors, including the importance of precisely worded corporate documents and pleading a coherent theory of corporate harm, says Ben Dubin at VC Expert Services.

  • WWE Sanctions Ruling Pins Down Spoliation Lesson

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    The Delaware Chancery Court’s recent verdict in favor of WWE investors may be the most carefully calibrated spoliation sanctions decision in recent memory, and it should reshape how counsel approach their motions — including in federal court, says Ricky Weingarten at Slarskey.

  • Series

    Being In A Band Made Me A Better Lawyer

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    Playing shows in storied New York City venues and rehearsing with my bandmates in poorly ventilated rooms helped develop the professional qualities I rely on as a litigator, including an ability to collaborate with strong-minded equals and the determination to treat each client with singular focus, says Eliad Shapiro at Herrick Feinstein.

  • Notable Q2 Updates In Insurance Class Actions

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    After 2026's second quarter, there is more authority rejecting class certification on total loss valuation theories from courts at the federal circuit, federal district and state appellate level — along with a resolution of a novel issue of depreciation on a wildfire claim, says Kevin Zimmerman at BakerHostetler.

  • Series

    Law School's Missed Lessons: Surviving A Long Trial

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    Most of law school trial advocacy is geared toward the sprint of trying a short case, but beyond managing a cross-examination or closing argument, effectively handling the marathon of a lengthy trial requires the ability to maintain composure, organization and credibility with the jury, says Mihir Elchuri at Hirschler.

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