Delaware

  • September 18, 2026

    3rd Circ. Says SBA Can Deny Excess PPP Loan Forgiveness

    A New Jersey car dealership that exceeded the federal limit on Paycheck Protection Program loans early in the COVID-19 pandemic is not entitled to partial loan forgiveness, the Third Circuit ruled Friday, holding that the Small Business Administration acted within its authority when it denied the company's relief bid.

  • September 18, 2026

    Investors Wary Of State Shareholder Proposal Retrenchment

    With the U.S. Securities and Exchange Commission preparing to give oversight of shareholder proposals back to the states, investor advocates say they fear a "race to the bottom" as legislatures in Delaware, Texas and elsewhere have to decide for the first time in 80 years how to address the issue.

  • September 18, 2026

    Pickleball Paddle-Maker Settles Most Patent Suits With Rivals

    Pickleball paddle-maker Joola said it had resolved most of the nearly dozen patent infringement lawsuits it filed against its rivals, announcing it had most recently reached a settlement with Friday Labs LLC.

  • September 18, 2026

    Richards Layton Litigator Selected For Chancery Seat In Del.

    A Richards Layton & Finger PA attorney has been nominated by Delaware Gov. Matt Meyer to serve on the bench of the nationally important Chancery Court, a venue that adjudicates some of the biggest corporate law cases.

  • September 18, 2026

    3rd Circ. Refuses To Pause Daniel's Law Cases Amid Appeal

    The Third Circuit on Friday refused to pause discovery in consolidated litigation accusing data brokers of violating New Jersey's judicial privacy statute, known as Daniel's Law, while it considers a First Amendment challenge to the statute.

  • September 18, 2026

    Simply Interior Gets OK For Litigation, Wind-Down Ch. 11 Plan

    A Delaware bankruptcy judge Friday said he would approve a Chapter 11 liquidation plan from home textile and decor company Simply Interior Homes that will establish a liquidating trust intended to pay creditors with litigation proceeds.

  • September 17, 2026

    Universities May Want To Put NPE Clauses In IP Licenses

    The Federal Circuit's holding on Monday that a patent license between Texas A&M University and a failed startup remained active after the company became a patent assertion entity will require universities to determine early on how they want their patents used, attorneys say.

  • September 17, 2026

    NFL Agent Blocked From Defending Poaching Suit, 3rd Circ. Told

    Counsel for NFL agent Todd France told a Third Circuit panel Thursday that his client was deprived of the opportunity to fight allegations that he poached another agent's client, asking the court to vacate an $810,846 arbitration award against him.

  • September 17, 2026

    Ore. Judge Denies HHS' Attempt To Amend Gender Care Order

    An Oregon federal judge on Thursday rejected the Trump administration's bid to narrow an earlier order that voided a policy declaration central to the government's crackdown on gender-affirming care for minors.

  • September 17, 2026

    Local Publishers Say OpenAI, Microsoft Stole Their News

    More than two dozen regional, local, trade and specialty publishers have sued OpenAI Inc. and Microsoft Corp. in New York federal court, alleging the companies copied hundreds of thousands of copyrighted articles without permission to train products including ChatGPT and Microsoft Copilot.

  • September 17, 2026

    Inovalon Investors Reach $44M Deal Over $7.3B Take-Private

    Inovalon Holdings Inc. investors have agreed to a $44 million settlement to end their Delaware Chancery Court suit challenging the healthcare data company's $7.3 billion take-private sale to a Nordic Capital-led consortium, resolving claims that stockholders were misled about conflicts involving the deal's financial advisers.

  • September 17, 2026

    'Bad Middle School Art' Tests Penn State's Counterfeit Bid

    A Third Circuit panel appeared reluctant Thursday to treat all of Vintage Brand's retro Penn State merchandise as counterfeit, even as the judges expressed skepticism about the print-on-demand retailer's broader bid to overturn a jury verdict finding that its unlicensed use of university marks infringed Penn State's trademarks.

  • September 17, 2026

    Alteryx Stockholders' 'Cleansing' Vote Dooms $4.4B Sale Suit

    The Delaware Chancery Court has dismissed a stockholder suit challenging the $4.4 billion sale of analytics software company Alteryx Inc. to private equity firms Insight Venture Management LLC and Clearlake Capital Group LP, finding that an overwhelming stockholder vote approving the deal wiped out the investors' fiduciary duty claims.

  • September 17, 2026

    Auto Lender OKs $709.5M Multistate Deal Over Subprime Loans

    The subprime auto lender Credit Acceptance Corp. has agreed to provide $709.5 million in cash and debt relief as part of a 40-state settlement to resolve allegations that it originated loans to borrowers who could not afford them, attorneys general announced Thursday.

  • September 17, 2026

    1st Circ. Lets HUD Shift $1.3B In Homelessness Aid

    A First Circuit panel said the U.S. Department of Housing and Urban Development may redirect $1.3 billion in homelessness funding from programs that focus on permanent housing to those supporting temporary shelter and assistance, finding the Trump administration likely was not required to go through a notice-and-comment procedure.

  • September 16, 2026

    FTX Exec's Wife Headed For Spring Campaign Finance Trial

    A Manhattan federal judge on Wednesday set a new trial date for a crypto-lobbyist/attorney turned Republican congressional candidate who's accused of plotting with her husband, jailed former FTX executive Ryan Salame, to take illegal campaign cash from the bankrupt exchange.

  • September 16, 2026

    3rd Circ. Says Most Strip Searches Require Warrants

    A Third Circuit panel on Wednesday ruled that police cannot conduct warrantless strip searches outside of jails or prisons absent consent or an emergency, but found that Pennsylvania officers who unconstitutionally searched a man enjoy qualified immunity from his civil rights claims because the limitation was not clearly established at the time.

  • September 16, 2026

    Contractor, Defense Agency Reach Ch. 11 Claim Setoff Deal

    Bankrupt government defense contractor Noble Supply & Logistics LLC reached a short-term deal with the Defense Logistics Agency on Wednesday in Delaware court that will allow for the agency to make contractual payments to the debtor as it pursues a Chapter 11 asset sale.

  • September 16, 2026

    1st Circ. Hints Trump Admin Sought To Skirt Review Of Cuts

    The First Circuit on Wednesday repeatedly suggested that the Trump administration had sought to evade court review by intentionally failing to issue written guidance before it began shuttering federal programs targeted by the president in an executive order last year.

  • September 16, 2026

    Del. Defends Absentee Voting Law At State High Court

    Two Delaware Senate candidates urged the Delaware Supreme Court on Wednesday to strike down the state's permanent absentee voting system as unconstitutional, while state election officials defended the law as a valid way to administer absentee voting for people who remain eligible over multiple elections.

  • September 16, 2026

    GM Vehicles Have 'Shuddering' Clutch Defect, Suit Says

    A California man is suing General Motors LLC in Delaware federal court, alleging in a proposed class action complaint that model year 2019 to 2025 vehicles shipped with a defect in their continuously variable transmissions that leads to shuddering and stalling.

  • September 16, 2026

    Bristol-Myers Looks To Block Amgen's Cancer Biosimilar

    Bristol-Myers Squibb Co. has sued rival Amgen Inc., seeking a court order blocking the manufacture of a biosimilar to the cancer drug Opdivo while patent rights on the drug's makeup remain in force.

  • September 16, 2026

    Xonar Wins Del. Chancery Fight Over Ex-Director's Ouster

    The Delaware Chancery Court has ruled that security screening company Xonar properly removed a member of its board, finding stockholder consent that the company later obtained could be combined with earlier votes to establish the required majority.

  • September 16, 2026

    Dow Pans 'Repackaged' Claims In Retooled NJ Pollution Suit

    Dow Chemical Co. and other manufacturers of a product containing a potentially cancer-causing compound urged a state court on Wednesday to toss for good a portion of New Jersey's lawsuit alleging widespread groundwater pollution, arguing that the state failed to cure deficiencies the court previously identified.

  • September 15, 2026

    States Say DOJ Trans Care Crackdown Is Unconstitutional

    States suing the Trump administration have urged a Massachusetts federal judge to strike down directives calling for providers of gender-affirming care to be investigated and prosecuted by the U.S. Department of Justice, arguing the directives are arbitrary and capricious and violate the Tenth Amendment.

Expert Analysis

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • How Del. Courts Will Likely Evaluate AI Oversight Claims

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    While no Delaware court has thus far adjudicated a claim based on alleged board failures to oversee artificial intelligence risk, recent Court of Chancery decisions suggest that familiar Caremark principles will be applied in predictable but consequential ways, particularly when AI touches mission‑critical operations, say attorneys at WilmerHale.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Safeguarding RWI Coverage As Materiality Focus Persists

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    As first-quarter broker claims reports reveal that materiality disputes remain a key driver of representations and warranties insurance claims, the scarce case law in this area indicates that including a materiality scrape provision in an RWI policy may aid policyholders with recovery, say attorneys at Reed Smith.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • How Oregon Ruling Affects Federal Gender Care Crackdown

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    In a favorable development for healthcare providers, an Oregon federal court recently vacated certain U.S. Department of Health and Human Services restrictions on gender-affirming care for minors, but the government's broader campaign against this care, including proposed rulemaking and agency investigations, leaves significant uncertainty, say attorneys at Arnold & Porter.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

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