Delaware

  • February 23, 2026

    States Back Challenge To IRS Nix Of Wind, Solar Safe Harbor

    Sixteen Democratic-led states are backing a legal challenge to an Internal Revenue Service notice eliminating a safe harbor test that large wind and solar projects could use to qualify for clean energy tax credits.

  • February 23, 2026

    Catching Up With Delaware's Chancery Court

    Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.

  • February 23, 2026

    NJ Watchdog Takes File Fight In Hospital Row To 3rd Circ.

    A New Jersey watchdog will take its bid to shield investigative files from discovery in a hospital's antitrust suit to the Third Circuit, according to a court notice.

  • February 20, 2026

    Real Estate Recap: REITs, FinCEN, Transfer-Based Cleanup

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney views into shareholder activism among public real estate investment trusts, FinCEN's new anti-money laundering rule, and the second-to-last U.S. state to shed certain pollution inspections for commercial and industrial property transfers.

  • February 20, 2026

    Caterpillar Unit Drops Antitrust Suit Against Wabtec

    Caterpillar subsidiary Progress Rail quietly dropped its antitrust lawsuit Friday in Delaware federal court against rail giant Wabtec over its 2019 merger with General Electric's transportation unit after more than two years of legal back and forth.

  • February 20, 2026

    BioNTech Says Moderna's New COVID Vax Infringes Its IP

    BioNTech has launched a new patent infringement suit against Moderna, claiming that the rival's newer COVID-19 vaccine exploits BioNTech's "streamlined, domain-based" vaccine technology, according to a complaint filed in Delaware federal court.

  • February 20, 2026

    Tesla Moves To Claw Back $7M, $10M Interest In Fee Fight

    Tesla Inc. has asked the Delaware Chancery Court to force the lawyers who secured a massive derivative settlement over board pay to return more than $7 million in allegedly withheld fees and pay over $10 million in interest, arguing that they are defying a recent Delaware Supreme Court ruling that slashed their award.

  • February 20, 2026

    Fed. Circ. Unwinds Ineligibility Ruling For Gene Therapy IP

    The Federal Circuit on Friday saved Regenxbio and the University of Pennsylvania's gene therapy patent, finding that splicing together genes from different organisms results in a molecule that is "markedly different from anything occurring in nature," rendering the therapy patent eligible. 

  • February 20, 2026

    Hulu TV's Clout On Fubo Board Challenged In Del.

    A stockholder of sports streaming venture FuboTV has sued the company in Delaware's Court of Chancery, asserting that Hulu TV's effective majority control and veto over removal of Hulu-affiliated directors violates Delaware's General Corporation Law and assures Hulu effective control.

  • February 20, 2026

    Kennedy Wilson Investor Sues To Block $1.65B Take-Private

    A Kennedy-Wilson Holdings Inc. stockholder has sued in the Delaware Chancery Court to block the company's $1.65 billion take-private deal, arguing that the transaction violates Delaware's anti-takeover statute and cannot legally proceed without a supermajority vote of disinterested investors.

  • February 19, 2026

    Judge Denies Mylan And Aurobindo's Bid To Escape Trial

    A Connecticut federal judge has once again rejected generic-drug makers' bid to escape a multistate lawsuit accusing them of engaging in an overarching antitrust conspiracy, saying the evidence supports the need for a jury trial on whether the companies colluded to fix prices and divvy up markets for dozens of generic drugs.

  • February 19, 2026

    Burford Capital Targeted For Docs In German Funding Feud

    A German entity is accusing Burford Capital LLC of improperly trying to dodge information requests in a dispute relating to German antitrust litigation by citing an underlying arbitration clause, despite being a nonsignatory and the Third Circuit shutting down the arbitration bid last year.

  • February 19, 2026

    Justices Urged To Bar Passive Infringement For Skinny Labels

    The Federal Circuit cleared the path for branded-drug makers to claim a rival induced infringement of a patent without taking any active steps to do so, Hikma told the U.S. Supreme Court in a case over so-called skinny labels.

  • February 19, 2026

    Funder Longford Wins Patent Litigation Settlement Dispute

    Litigation funder Longford Capital has prevailed in arbitration relating to a dispute with Arigna Technology Ltd. over a settlement that ended certain patent litigation, according to documents filed in Delaware federal court.

  • February 19, 2026

    $14M Noncompete Fight Moves Forward In Chancery

    The Delaware Chancery Court on Thursday largely refused to dismiss claims that Boingo Wireless Inc.'s former director John Basil Georges breached a five-year noncompete tied to the $14 million sale of his wireless infrastructure company, but she threw out a parallel nonsolicitation provision as unenforceably overbroad.

  • February 19, 2026

    She Has A Point: Dechert's Kassie Helm

    Kassie Helm, co-chair of Dechert LLP's global intellectual property group and head of its IP litigation group, is "unquestionably one of the leading lights of her generation," according to Morrison Foerster LLP partner Daralyn Durie, who praised Helm for her work as opposing counsel in a new series celebrating women litigators.

  • February 19, 2026

    Norcold Ch. 11 Plan Approved, But Trustee Pick Causes Delay

    A Delaware bankruptcy judge signaled his intent to confirm the proposed liquidating plan of recreational vehicle refrigerator distributor Norcold LLC on Friday, but raised concerns with the choice of liquidating trustee under that plan that led him to delay signing a confirmation order.

  • February 19, 2026

    Nunes Ordered To Finish Deposition In Trump Media Suit

    A Florida state judge ordered Trump Media CEO Devin Nunes to complete a deposition in the Truth Social operator's lawsuit against investors, ruling during a hearing Thursday that the former congressman must answer questions relating to the company's allegations that the process of going public was botched.

  • February 19, 2026

    Fed. Circ. OKs Decision Clearing Sony In $500M Patent Case

    The Federal Circuit on Thursday upheld a decision that Sony's PlayStation controllers do not infringe a computer input device patent, in a case where Sony said patent owner Genuine Enabling Technology was seeking nearly $500 million in damages.

  • February 19, 2026

    Del. Chancery Court Saw Record Number Of Filings In 2025

    Delaware's nationally important Chancery Court saw a record number of case filings in 2025 and has relied on the state's Superior Court to help ease its judges' caseload, the First State's chief justice told legislators on Thursday.

  • February 19, 2026

    Travelers Must Defend Ag Co.'s Herbicide Suit, With Limits

    A Delaware state judge has found that Travelers Casualty and Surety Co. must fund the defense of an agricultural chemical company in six suits alleging that a chemical made by its predecessors gave users Parkinson's and kidney failure but that its defense can be limited under some of the policies at issue.

  • February 19, 2026

    Amazon Seller 'Expert' Sues Over Alleged Inventory Fraud

    An Amazon "marketplace expert" that focuses on selling and managing the prices of branded goods on the platform sued on Wednesday 16 companies and one individual accused of supplying millions of dollars in goods that were later found to be encumbered by warehouse liens.

  • February 19, 2026

    Woman Asks Justices For Relief From Tax Preparer's Fraud

    A woman facing more than $300,000 in tax bills because her return preparer committed fraud on her filings decades ago asked the U.S. Supreme Court to overturn the Third Circuit's finding that she is responsible, saying it unfairly allows the IRS to bypass the statute of limitations.

  • February 19, 2026

    Funko To Pay $5.4M To Settle Del. Stockholder Suit

    Toy company Funko Inc. and a class of its public stockholders have agreed to a $5.4 million settlement to resolve Delaware Chancery Court litigation accusing the company's private equity sponsors and top executives of exploiting its Up-C structure to siphon value from Class A shareholders.

  • February 19, 2026

    Barnes & Thornburg Adds 35 Ballard Spahr Attys, 3 Offices

    Barnes & Thornburg LLP announced Thursday that it has added all 35 public finance lawyers from Ballard Spahr LLP to its government services and finance department in multiple locations around the country, including three new markets in Baltimore, Denver and Phoenix.

Expert Analysis

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • How Fractional GCs Can Manage Risks Of Engagement

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    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

  • Del. Dispatch: Key 2025 Corporate Cases And Trends To Know

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    The Delaware corporate legal landscape saw notable changes in 2025, spurred by amendments to the Delaware General Corporation Law, ubiquitous artificial intelligence fervor, boardroom discussion around DExit, record shareholder activism activity and an arguably more expansive view of potential Caremark liability, say attorneys at Fried Frank.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • What Trump Order Limiting State AI Regs Means For Insurers

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    Last week's executive order seeking to preclude states from regulating artificial intelligence will likely have minimal impact on insurers, but the order and related congressional activities may portend a federal expectation of consistent state oversight of insurers' AI use, says Kathleen Birrane at DLA Piper.

  • 4 Privacy Trends This Year With Lessons For Companies

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    As organizations plan for ongoing privacy law changes, 2025 trends that include a shift of activity from the federal to the state level mean companies should take an adaptive and principle-based approach to privacy programs rather than trying to memorize constantly changing laws, say attorneys at Sheppard Mullin.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • 2025 Noncompete Developments That Led To Inflection Point

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    Employers must reshape their approaches to noncompete agreements following key 2025 developments, including Delaware's rejection of blue-penciling and the proliferation of state wage thresholds, say attorneys at Gunderson Dettmer.

  • Series

    The Law Firm Merger Diaries: Integrating Practice Groups

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    Enacting unified leadership and consistent client service standards ensures law firm practice groups connect and collaborate around shared goals, turning a law firm merger into a platform for growth rather than a period of disruption, says Brian Catlett at Fennemore Craig.

  • Opinion

    Supreme Court Term Limits Would Carry Hidden Risk

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    While proposals for limiting the terms of U.S. Supreme Court justices are popular, a steady stream of relatively young, highly marketable ex-justices with unique knowledge and influence entering the marketplace of law and politics could create new problems, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • Tariffs And Trade Volatility Drove 2025 Bankruptcy Wave

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    The Trump administration's tariff regime has reshaped the commercial restructuring landscape this year, with an increased number of bankruptcy filings showing how tariffs are influencing first‑day narratives, debtor-in-possession terms and case strategies, say attorneys at Thompson Hine.

  • How New SEC Policies Shift Shareholder Proposal Landscape

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    U.S. Securities and Exchange Commission Chairman Paul Atkins' recent remarks provide a road map for public companies to exclude nonbinding shareholder proposals from proxy materials, which would disrupt the mechanism that has traditionally defined how shareholders and companies engage on governance matters, say attorneys at Gunderson.

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