Delaware

  • July 02, 2026

    Del. Magistrate Orders JPMorgan To Advance Javice Fees

    The Delaware Chancery Court ruled that JPMorgan Chase & Co. must advance millions more in disputed legal fees to cover the appeal of the convicted founder of college financial aid startup Frank, concluding the bank failed to meet Delaware's demanding standard for withholding advancement by showing the billing requests reflected "clear abuse."

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Fed. Circ. Agrees Alice Ends Website Creation Patent Suit

    The Federal Circuit on Thursday refused to revive a lawsuit accusing marketing software company HighLevel Inc. of infringing a pair of website-generation patents, agreeing with a Delaware federal court's finding that the claims at issue in the patents were invalid.

  • July 02, 2026

    Breaking Down The Vote: The High Court Term In Review

    The U.S. Supreme Court's stark ideological divisions were on full display this term, particularly as it issued long-awaited rulings in the last few days of June. Here, Law360 dives into the numbers behind this court term.

  • July 02, 2026

    Del. High Court Revives $100M Paragon Fraud Case

    The Delaware Supreme Court has revived fraud claims arising from private equity firm Stellex Capital Investors' $100 million acquisition of automotive components manufacturer Paragon Metals LLC, ruling that the buyer justifiably relied on the seller's contractual warranties.

  • July 01, 2026

    3 Federal Circuit Clashes To Watch In July

    A patent owner's effort to undo a Texas jury verdict clearing Samsung of infringing a wireless patent and an appeal of a ruling that Dartmouth College and a supplement maker owe $9 million for filing an "unreasonable" vitamin patent suit are among the cases the Federal Circuit will hear this month.

  • July 01, 2026

    Chancery Court Sends SpaceX-Linked Dispute To Arbitration

    The Delaware Court of Chancery has refused to halt a New York arbitration between software company Trellis and investment firm ClearList, ruling instead that the parties had delegated threshold questions of arbitrability to an arbitrator through their services agreement and requiring the dispute to proceed outside 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.

Expert Analysis

  • 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.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • Model Jury Instructions Provide Next Step In Aligning DTSA

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    As the Defend Trade Secrets Act turns 10, new model jury instructions published by the Sedona Conference map emerging issues and jurisdictional splits, representing a significant step toward harmonizing DTSA trial practice, says Amy Candido at Simpson Thacher.

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