Delaware

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    Judge Ends Nausea Drug Suit After Invalidating Other Patents

    A federal judge has ruled one set of patents covering the nausea drug Cinvanti was invalid and found a set asserted in another suit not infringed.

  • June 02, 2026

    Lack Of Indemnity Liability Doomed Vax IP Case, Judge Says

    Drug developer Acuitas Therapeutics Inc. failed to show that it would have to indemnify BioNTech as a result of GlaxoSmithKline's patent infringement lawsuit against BioNTech and Pfizer over the COVID-19 vaccine, a Delaware federal judge has said.

  • June 02, 2026

    Dem AGs Slam Climate Science Removal From Judicial Guide

    The federal judiciary's decision to strike a chapter on climate change from its guide to scientific evidence is misguided, partisan and "will impede the judiciary's ability to pursue truth," according to a Tuesday letter from nearly two dozen Democratic state attorneys general.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    Judge Trims Dental Patent Case, But Keeps Patent Alive

    A Delaware federal judge has refused to invalidate a pair of dental patents that medical technology companies Align Technology and Medit Corp. were accused of infringing, but did agree to narrow the case.

  • June 01, 2026

    Law Unclear On 'Deplorable' Photo Share, 3rd Circ. Rules

    A split Third Circuit panel has ruled that a Philadelphia police officer can't be sued for photographing and sharing a picture of a dead man who jumped from a bridge, holding that while the conduct was "deplorable," the Constitution did not clearly establish that families have a right to control images of their loved ones' deaths.

  • June 01, 2026

    JPMorgan Defeats Suit Over Transaction Processing Patent

    JPMorgan Chase & Co. was able to dodge a suit accusing it of infringing a patent covering a way to process a financial transaction, after a Delaware federal judge agreed that the patent didn't pass the U.S. Supreme Court's Alice test.

  • June 01, 2026

    KnowBe4 Escapes Suit Over $4.6B Take-Private Deal

    Security awareness platform KnowBe4 and several affiliates successfully argued for dismissal of a suit from shareholders challenging the company's $4.6 billion sale to private equity firm Vista Equity Partners, with the court finding the suit does not adequately allege the company's ex-CEO and its financiers breached their fiduciary duties.

  • June 01, 2026

    Judge OKs 3rd Circ. Review For Homebuyer Antitrust Case

    A Pennsylvania federal judge on Monday allowed brokerage Hanna Holdings to ask the Third Circuit to review a March decision largely rejecting its attempt to escape claims from homebuyers that its allegiance to National Association of Realtor rules drove up the cost of purchases.

  • June 01, 2026

    Lugano OK To Hand Over Insurance For Lost $10.5M Diamond

    Jewelry house Lugano Diamonds on Monday secured a Delaware bankruptcy judge's tentative approval to transfer an insurance policy to a creditor that consigned the debtor a diamond worth $10.5 million that later went missing.

  • June 01, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving merger litigation, startup financing battles, cryptocurrency contracts, investor oversight claims and corporate governance challenges, while also issuing notable rulings in cases tied to World Wrestling Entertainment Inc., cybersecurity company KnowBe4 Inc. and biotechnology firm Ayala Pharmaceuticals Inc.

  • June 01, 2026

    Justices Skip CareDx's Bid To Revive $45M False Ad Award

    The U.S. Supreme Court on Monday declined to take up a challenge to a Third Circuit decision that wiped out a nearly $45 million false advertising award against Natera Inc., preserving a ruling that said proof of actual consumer deception is required to support damages.

  • May 29, 2026

    Real Estate Recap: Data Centers, SEC, Law Firm Leasing

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the tireless lives of data center attorneys, the U.S. Securities and Exchange Commission's proposal to ease capital formation in public markets, and the two-year low in U.S. law firm leasing.

  • May 29, 2026

    Gate City Sues White Energy For $200M Over Carbon Project

    Gate City Renewable Fuels sued White Energy Holdco for $200 million in Delaware Chancery Court on Wednesday, alleging it was induced into merging together based on a carbon capture and storage project that faced unfavorable geological conditions, regulatory hurdles, permitting risks and unresolved landowner holdouts that rendered the project nonviable.

  • May 29, 2026

    ChargePoint Leaders Face Investor Suit Over Revenue Claims

    Executives and directors of California-based electric-vehicle charging company ChargePoint Holdings Inc. were hit with a shareholder's derivative suit accusing them of allowing unsuitable revenue-inflating practices and misleading investors about the company's performance, the subject of multiple lawsuits the company is currently facing.

  • May 29, 2026

    Nielsen Patent Survives Alice Invalidation Bid Before Trial

    A Delaware federal judge on Friday declined to invalidate a patent held by The Nielsen Co. covering audio recognition software under the U.S. Supreme Court's Alice test, saying the language of the patent was not abstract.

  • May 29, 2026

    3rd Circ. Leaves Dominican Woman's Removal Intact

    A divided Third Circuit on Friday left intact a Board of Immigration Appeals decision denying a Dominican woman's bid to avoid removal after a drug conviction, with the three-judge panel splitting over both jurisdiction and the attorney general's authority to treat drug-trafficking offenses as "particularly serious crimes" by default.

  • May 29, 2026

    Gov't Pressed On Trump's Authority For H-1B Visa Fee

    A Massachusetts federal judge on Friday searched for the limits of the president's power to restrict foreign workers from entering the U.S., as the government defended attaching a $100,000 fee to process certain skilled-worker visas.

  • May 28, 2026

    Ex-NBA Player Sues Crypto Co. After $2M Publicity Deal Sours

    Former NBA player Tristan Thompson sued cryptocurrency firm World Mobile Group Ltd. in Delaware Chancery Court, accusing the company of manufacturing bogus allegations to get out of its obligations under his $2 million brand ambassador deal while continuing to use his name, image and likeness.

  • May 28, 2026

    3 Federal Circuit Clashes To Watch In June

    The Federal Circuit's argument calendar next month includes a dispute between Micron and Netlist over Idaho's law against "bad faith" patent suits, and appeals of multimillion-dollar verdicts against Boston Scientific on a stent patent and TP-Link on Wi-Fi patents.

  • May 28, 2026

    5 AI Cos. Sued Over Neural Network Patent In Delaware

    Five companies developing various transcription, speech-to-text and customer experience products with artificial intelligence are facing lawsuits brought by an entity alleging they infringed a patent covering neural networks.

  • May 28, 2026

    Chancery Tosses Insider Financing Suit Against Ayala Brass

    The Delaware Chancery Court has dismissed a stockholder derivative suit against several venture capital investors and directors of biotechnology company Ayala Pharmaceuticals Inc., ruling that the plaintiff failed to show the board could not independently evaluate litigation over a disputed 2023 financing deal.

  • May 28, 2026

    Athletes Decry Antitrust Immunity In College Sports Bill

    College athlete advocacy groups have criticized a proposed bipartisan U.S. Senate bill that provides congressional oversight to college sports and allows athletes to have agents, but also limits player movement and compensation and grants the NCAA antitrust immunity.

  • May 28, 2026

    Bestar Wins Ch. 15 Bid Amid Landlord Deposit Tussle

    A Delaware bankruptcy judge on Thursday granted Chapter 15 recognition to Canadian furniture company Bestar Inc. over the objection of a landlord seeking a $250,000 security deposit for potential damages that could occur when Bestar's foreign representative begins to liquidate a western New York factory next month.

Expert Analysis

  • The Benefits Of Choosing A Niche Practice In The AI Age

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    As artificial intelligence becomes increasingly accessible, lawyers with a niche practice may stand out as clients seek specialized judgment that automation cannot replicate, but it is important to choose a niche that is durable, engaging and a good personal fit, says Daniel Borneman at Lowenstein Sandler.

  • Risk Disclosure Lessons For AI Cos. From Dot-Com Era

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    Regulatory responses following the dot-com collapse reflected a consistent emphasis on whether public disclosures enabled investors to understand the economic reality underlying reported performance, a focus that is likely to shape how artificial intelligence infrastructure disclosures are evaluated if market expectations similarly deteriorate, say Diana Connor, Adrienna Huffman and Bin Zhou at the Brattle Group.

  • Have Iconic Twitter Trademarks Been Abandoned?

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    A set of lawsuits concerning the status of X Corp.'s "Twitter" and "tweet" trademarks, which will potentially be considered abandoned in July, will provide instructive insights into how trademark owners can defend against abandonment claims, say attorneys at Bradley Arant.

  • Google's Scraping Suit Asks How Far DMCA Protections Go

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    A California federal court's decision in Google v. SerpApi will spotlight a long-developing judicial split over how to apply the Digital Millennium Copyright Act’s ban on circumventing a copyright holder’s access controls, an increasingly important point in litigation over web scraping and artificial intelligence training, say attorneys at Jenner & Block.

  • Series

    Podcasting Makes Me A Better Lawyer

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    Podcasting has changed how I ask questions and connect with people, sharpening my ability to listen without interrupting or prejudging, and bringing me closer to what law is meant to be: a human profession grounded in understanding, judgment and trust, says Donna DiMaggio Berger at Becker.

  • Del. Coinbase Outcome May Have Been Different In Texas

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    The Delaware Court of Chancery's recent decision in Grabski v. Andreessen, finding that a member of the Coinbase special litigation committee was not independent, provides guidance for Delaware boards regarding the formation, composition and operation of SLCs, while offering a counterpoint to the procedures available to Texas-incorporated companies, says John Lawrence at Baker Botts.

  • Share Repurchases Leave Cos. Susceptible To Litigation

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    Because share repurchases bring greater ownership, which typically brings greater voting power, they can have serious implications for corporate control, which can raise questions about the unpaid benefits to some shareholders and lead to securities class actions, says Amit Bubna at Bates White.

  • 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

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    The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

  • Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity

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    The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.

  • Unique Issues Facing Brand-Compounder Patent Litigation

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    Recent litigation and potential enforcement action against Hims & Hers Health raise questions about how compounders and branded pharmaceuticals companies would be positioned in patent litigation as compared to generics companies, which would require strategies different from those that would be used in traditional Hatch-Waxman Act litigation, say attorneys at Morgan Lewis.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

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