Delaware

  • October 13, 2026

    Justices Turn Away Ex-Ruby Tuesday Execs' Benefits Case

    The U.S. Supreme Court on Tuesday rejected former Ruby Tuesday executives' bid for review of their claims that Regions Bank underpaid them after their deferred compensation benefits were liquidated in bankruptcy, turning away a case the ex-executives said presented a circuit split.

  • October 09, 2026

    Real Estate Recap: Q3 Deals, NYC Renos, Calif. Data Center Laws

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a look at the top real estate deals of the third quarter, and conversations with leading attorneys on older New York City buildings and new California data center laws.

  • October 09, 2026

    Symbotic Hid Contractor's Delays From Investors, Suit Says

    The top brass of warehouse robotics company Symbotic Inc. has been sued in Delaware Chancery Court by a shareholder who claims they hid problems with a contractor, including project delays and major cost overruns, that later forced the company to restate its financials and caused its share price to drop.

  • October 09, 2026

    Amazon Can't Push Back FTC Antitrust Trial

    A Washington federal judge refused Friday to delay the Federal Trade Commission antitrust trial accusing Amazon.com Inc. of creating an artificial pricing floor in online retail, forcing the company to try to navigate a potential timing overlap in parallel state court litigation from the California attorney general.

  • October 09, 2026

    Gene Therapy Patent Suit Against Sarepta Comes To Close

    Sarepta Therapeutics Inc. no longer has to face a lawsuit accusing it of infringing a University of Pennsylvania gene therapy patent licensed by clinical-stage biotechnology company Regenxbio Inc. after the parties told a Delaware federal judge they agreed to end the case.

  • October 09, 2026

    States Fight DOL's Ax Of Unemployment Insurance Grants

    Fourteen states sued the federal government in the U.S. Court of Federal Claims on Friday, alleging the U.S. Department of Labor wrongfully terminated grants intended for modernizing their unemployment insurance programs.

  • October 09, 2026

    'A Moral Hazard': Kalshi Drug Trial Bets Spark Ethical Qualms

    Kalshi Inc. opening prediction markets for clinical drug trials has raised a host of compliance concerns for attorneys, including the risk of insider trading among the wide swaths of stakeholders in the know about the trials, as well as the danger of compromising the trials themselves.

  • October 09, 2026

    CNN Says Azerbaijan Can't Sue Over Israel-Iran Report

    CNN has urged a Delaware federal court to throw out Azerbaijan's defamation lawsuit over the network's report that Israel used the country as a base for covert operations against Iran, arguing the First Amendment bars governments, foreign or domestic, from suing news organizations over criticism of their conduct.

  • October 09, 2026

    Amazon Wants Out Of Website Patent Suit, Citing EBay Ruling

    Amazon said Thursday it shouldn't have to face a lawsuit accusing it of infringing a pair of patents on customizing access to websites, telling a Washington federal court that not only are the patents expired, the inventions were not patent eligible in the first place.

  • October 09, 2026

    Del. Justices Back ATG In Empery Proxy Fight

    The Delaware Supreme Court has upheld a Chancery Court ruling requiring digital asset company Empery Digital Inc. to allow activist investor ATG Capital Opportunities Fund LP's nine board nominees to stand for election, rejecting the company's challenge less than a week before its annual meeting Oct. 14.

  • October 08, 2026

    Taro Pharma Says MDL Deal Bars States' Duplicative Claims

    Taro Pharmaceuticals USA asked a Connecticut federal judge to toss generic-drug price-fixing claims brought by a coalition of states on behalf of consumers that are duplicative of claims the consumers have already resolved through settlements in separate multidistrict litigation.

  • October 08, 2026

    Mayne, Ascend Cut $1M Generic Price-Fixing Deal With States

    Ascend Laboratories, Mayne Pharma and Citron Pharma asked a Connecticut federal judge Thursday to sign off on a settlement with a coalition of states resolving claims the companies were involved in an illegal conspiracy to fix prices and suppress competition for generic drugs in the United States. 

  • October 08, 2026

    Feds Say End Of Chevron Deference Justifies ESA 'Harm' Rule

    The U.S. Fish and Wildlife Service and National Marine Fisheries Service told California and South Carolina federal judges that the Trump administration's redefinition of "harm" under the Endangered Species Act was permissible after the overturning of Chevron deference.

  • October 08, 2026

    Zoox Investors, Directors Clash Over Amazon Deal Class

    The Delaware Chancery Court on Thursday took under advisement a bid to certify a class of former Zoox Inc. common stockholders challenging Amazon.com Inc.'s $1.3 billion acquisition of the autonomous vehicle company, after hearing arguments over whether releases signed by most proposed class members prevent the case from proceeding on a classwide basis.

  • October 08, 2026

    Lawmakers Push For Protections In $10M Spirit Data Sale

    More than 120 mostly Democratic lawmakers raised concerns Thursday about the proposed $10 million sale of Spirit Airlines' internal data to Google for artificial intelligence training, saying the sale would involve an "extraordinary volume" of internal records containing individuals' sensitive information.

  • October 08, 2026

    Boston Scientific Brings Heart Puncture Patent Suit

    Boston Scientific has sued Johnson & Johnson-owned medical device company Atraverse Medical Inc., claiming it infringed a patent covering a method of puncturing heart tissue.

  • October 08, 2026

    Disney, ESPN Sued Over Streaming Patents By Korean Group

    A South Korean government research institution and three universities have sued Disney, Hulu and ESPN in Delaware federal court claiming part of their ways of providing videos infringes a series of streaming patents.

  • October 08, 2026

    Nikola's Pardoned Ex-CEO Seeks To Flip Ch. 11 Claim Ruling

    The former CEO of electric-truck maker Nikola has asked the Third Circuit to review a Delaware federal judge's decision that his nearly $70 million bankruptcy claim against his former company was properly subordinated in the debtor's Chapter 11, despite a pardon from President Donald Trump.

  • October 08, 2026

    'Chicken Soup' Parent Owes $25M Judgment, Investor Says

    The entity that manages self-help book publisher Chicken Soup for the Soul Holdings LLC should be ordered to pay $25 million after a sale of most of an affiliate's assets never materialized, according to an investor seeking to recover some of its alleged $50 million in losses.

  • October 08, 2026

    Humana Brass Face Derivative Suit Alleging Illegal Kickbacks

    A Humana Inc. shareholder is suing 12 current and former company leaders in Delaware Chancery Court, alleging they allowed the health insurer to pay more than $100 million in illegal broker kickbacks, to conceal worsening medical costs and Medicare Advantage plan quality, and to waste more than $1.5 billion buying back company stock at inflated prices.

  • October 07, 2026

    Ex-Deloitte Duo Can't Shake Feds' Trade Secrets Claims

    A West Virginia federal judge on Wednesday refused to throw out criminal charges against a pair of former Deloitte employees accused of stealing the company's trade secrets, finding that the issues raised by the workers must be addressed by a jury.

  • October 07, 2026

    States Urge Justices To Fix Prediction Markets' Legal 'Chaos'

    A coalition of 39 states and the District of Columbia urged the U.S. Supreme Court on Wednesday to resolve a circuit split over the regulation of prediction markets like Kalshi, saying the industry's "aggressive theory of preemption" threatens states' sovereignty and ability to protect their residents. 

  • October 07, 2026

    ATG Hid Alliance In Chancery Proxy Fight, Del. Justices Told

    Empery Digital Inc. directors urged the Delaware Supreme Court on Wednesday to reverse a ruling requiring activist investor ATG Capital Opportunities Fund LP's board nominees to stand for election, arguing ATG failed to disclose an alleged voting arrangement with another stockholder, while ATG maintained the company is trying to impose disclosure requirements its bylaws do not contain.

  • October 07, 2026

    UWM Investor Sues To Halt $400M Stock Offering

    A proposed class of UWM Holdings Corp. stockholders urged a Delaware state court to stop the company from going forward with a $400 million stock offering, alleging that the residential mortgage lender's board of directors is offering the stock without sufficient disclosures.

  • October 07, 2026

    Fed. Circ. Won't Rehear Axed $49M Verdict In Stent Fight

    The Federal Circuit on Wednesday denied a bid from the University of Texas to get a panel to rehear its patent infringement case where a $49.4 million jury verdict against Boston Scientific was overturned.

Expert Analysis

  • What B. Riley Dismissal Teaches About Governance Litigation

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    The same facts in litigation against B. Riley Financial produced three different outcomes in three courthouses, but the Court of Chancery's decision in Marchner v. B. Riley is the cleanest demonstration in years of why boards facing a government investigation often prepare for the wrong lawsuit, says Ashwin Ram at Buchalter.

  • 5 IP Licensing Lessons From Fed. Circ. Asphalt Ruling

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    The Federal Circuit's recent decision in A.L.M. v. Zydex, concerning infringement of asphalt-related patents, clarifies what licensing terms are considered sufficiently exclusionary for constitutional standing, and provides helpful guidance for ensuring the enforceability of patent rights, say attorneys at Sterne Kessler.

  • Series

    Going To Hardcore Shows Makes Me A Better Lawyer

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    While government contracts law and the hardcore scene may seem entirely unrelated, in my experience, both are about community, focus, being prepared for the unexpected and managing chaos, says Isaac Natter at Fluet.

  • Opinion

    Birthright Citizenship Dissents Belie Originalist Interpretation

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    The three dissents in the U.S. Supreme Court's recent birthright citizenship decision clashed with originalist readings of the Constitution, applying the 14th Amendment more narrowly than its drafters, and by applying contemporary and living document approaches to constitutional interpretation, says Ediberto Roman at Florida International University.

  • Del. High Court Ruling Signals Next Post-Jarkesy Phase

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    The Delaware Supreme Court recently ruled in Swan Energy v. Investor Protection Unit that the jury trial principles underlying the U.S. Supreme Court’s Jarkesy opinion do not compel the same result under the state's constitution, offering state courts a road map for the next phase of administrative enforcement litigation, says Benjamin Lajoie at Nelson Mullins.

  • Series

    Being A Sommelier Makes Me A Better Lawyer

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    Being a sommelier has quietly shaped how I practice law by changing the way I think, communicate and connect with people, and offers a constant reminder that expertise is about making your knowledge useful and accessible to others, says Kara Du at Sheppard.

  • AI, Prediction Markets Lead Securities Developments In 2026

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    Securities class actions tied to artificial intelligence and the battle over prediction market regulation both raise novel questions that courts are only beginning to address and that will continue to resonate throughout the second half of the year, say attorneys at Skadden.

  • 11th Circ. Opioid Appeal May Shift Public Nuisance Coverage

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    The Eleventh Circuit's recent ruling certifying to the Florida and Georgia Supreme Courts the question of whether insurers must provide coverage against suits claiming policyholders improperly distributed opioids may ultimately result in a counterbalance to the Delaware line of cases denying coverage for government opioid suits, say attorneys at Pillsbury.

  • Series

    Teaching SEC Investigations Makes Me A Better Lawyer

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    Instructing a law school course on U.S. Securities and Exchange Commission investigations has made me a more thoughtful, deliberate practitioner because it requires me to continually reassess and challenge what I know about securities law enforcement, how I know it and how best to explain it, says David Chase at Miami Law.

  • Series

    Judges On AI: Examining Administrative, Organizational Uses

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    U.S. District Judge Alan Albright of the Western District of Texas examines how artificial intelligence could transform a court's ability to deal with administrative work and organize materials when preparing for hearings or drafting opinions, thereby affording judges more time to resolve contested issues.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • JPMorgan Ruling Shows Courts' Limited Role In Fee Fights

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    The Delaware Chancery Court's recent decision that JPMorgan Chase must cover more than $21 million in disputed legal fees for two former executives of the startup Frank illustrates the reality that companies, not the courts, are responsible for ongoing supervision of legal spending, says Theodore Edelman at GCE Advisors.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

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