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

  • 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

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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.

  • Moderna Case Highlights Overlooked Hurdle In Biopharma IP

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    The recent settlement of the patent litigation involving Moderna's COVID-19 vaccine in Delaware federal court shows that patent portfolios covering enabling platform technologies can create significant freedom-to-operate risk even when their owners are not direct competitors developing the therapeutic product, says Olga Berson at Thompson Coburn.

  • Emissions Permits May Not Override Pollution Exclusions

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    Two recent coverage rulings from the Illinois Supreme Court and the Third Circuit suggest a trend among appellate courts to deny coverage under pollution exclusions, even when the emissions happened pursuant to a government permit, say attorneys at Simpson Thacher.

  • 5 Tips For Navigating Your Firm's All-Attorney Summit

    Excerpt from Practical Guidance
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    Law firm retreats should be approached strategically, as they present valuable opportunities to advance both the firm's objectives and attorneys' professional development through meaningful participation, building and strengthening internal relationships, and proactive follow-up, says James Argionis at Cozen O’Connor.

  • Meta Coverage Ruling Could Erode Broad Duty To Defend

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    A Delaware court recently decided that Meta's insurers need not defend the company from lawsuits alleging addictive platform design — a troubling decision for policyholders that, if upheld, warns that insureds' business decisions can be weaponized to deny a duty to defend, say attorneys at Anderson Kill.

  • Series

    Coaching Soccer Makes Me A Better Lawyer

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    Coaching youth soccer for my 7-year-old son's team has sharpened how I communicate with clients, prepare witnesses, work within teams and think about leadership, making me a more thoughtful and effective lawyer in many ways, says Joshua Holt at Smith Currie.

  • Series

    Law School's Missed Lessons: The Human Element

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    Law school teaches you to quickly apply intellect and logic when handling a legal issue, but every fact pattern also involves a person, making the ability to balance expertise with empathy critical to the growth of relationships with clients, colleagues and adversaries, says Rachel Adcox at Adcox Strategies.

  • Avoid The Unexpected When Drafting License Agreements

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    The Delaware Court of Chancery's recent decision in Commave v. Zevrain raises several practice points for attorneys drafting commercial contracts, underscoring the importance of considering anti-assignment provisions, specific exclusions and potential carveouts when drafting license agreements or other commercial contracts, say attorneys at Hogan Lovells.

  • How DExit, Mandatory Arbitration Could Alter IPO Outlook

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    As companies continue to leave Delaware and the U.S. Securities and Exchange Commission begins allowing companies to implement mandatory arbitration provisions, these developments could have a major impact on the initial public offering, securities class action, and directors and officers insurance landscapes, says Walker Newell at Arthur J. Gallagher & Co.

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