Delaware

  • January 13, 2026

    Blue States Say HHS Conditions Funding On Anti-Trans Bias

    A dozen Democratic state attorneys general sued the U.S. Department of Health and Human Services on Tuesday, claiming the agency's threat to withhold billions of dollars in funding from states that don't hew to an executive order declaring that gender is immutable conflicts with antidiscrimination law.

  • January 13, 2026

    J&J Wins Partial Reversal Of $1B Merger Milestone Loss

    Delaware's Supreme Court has partially reversed a vice chancellor's September 2024 ruling that Johnson & Johnson owes more than $1 billion for failing to prioritize regulatory approvals linked to "earnout" payments for robotic surgical device technology that J&J acquired from a developer.

  • January 13, 2026

    Eventbrite Stockholders Sue To Block $500M Take-Private Deal

    A class of Eventbrite stockholders has sued in the Delaware Chancery Court seeking to upend a pending $500 million take-private deal, arguing that a voting agreement signed alongside the transaction automatically stripped the company's founder of her super-voting control under the company's own charter and rendered the merger proxy materially misleading.

  • January 12, 2026

    How New Judges Can Smartly Manage Patent Cases

    The hefty damages at risk in patent litigation have led companies to invest significant resources into these fights, which judges tell Law360 means they’re facing more work than usual at every step of the case. In the second of a two-part series, several judges who regularly oversee patent cases provide tips on how new judges can best run their courts and keep their docket moving.

  • January 12, 2026

    Fed. Circ. Preserves Google, Keysight, Instacart Patent Wins

    The Federal Circuit on Monday summarily affirmed decisions from three patent appeals that panels heard at the end of last week, shooting down bids from WSOU Investments LLC, Centripetal Networks LLC and Consumeron LLC.

  • January 12, 2026

    States Fight USDA's Renewed Effort To Cut SNAP Benefits

    A coalition of states has asked a California federal judge to enforce an injunction blocking the U.S. Department of Agriculture from withholding funding from states refusing to share sensitive personal information on food assistance benefit recipients, saying the Trump administration has once again threatened to withhold the funding.

  • January 12, 2026

    Trump Order's Vote-By-Mail Limits Are Unlawful, Judge Rules

    A federal judge in Seattle has barred the Trump administration from enforcing key sections of a March executive order on elections, ruling that the government cannot compel Washington and Oregon to change state deadlines for mail-in ballots or use federal forms requiring proof of citizenship.

  • January 12, 2026

    Del. Jurist Cites 'Troubling' Questions In Cashout Suit

    A Delaware vice chancellor described as "troubling" on Monday unsettled questions in a stockholders' amended suit alleging an unfair recapitalization that allegedly forced out Bioventix Inc. common stockholders for a penny per share ahead of a new financing, asking how much discovery had been taken before filing of the complaint.

  • January 12, 2026

    House Passes Bill To Double Ch. 7 Trustee Fee

    A bipartisan bill doubling the fixed per-case fees for Chapter 7 trustees is headed to President Donald Trump for a signature, after the U.S. House of Representatives passed it Monday night.

  • January 12, 2026

    Paramount Sues In Del. For Warner Bros., Netflix Merger Facts

    Paramount Skydance Corp. sued Warner Bros. Discovery Inc. in Delaware Chancery Court Monday for court-compelled disclosure of more details on WBD's proposed $82.7 billion tie-up with Netflix, and reported that it plans to run a slate of candidates for WBD's board to push Paramount's offer.

  • January 12, 2026

    Del. Court Blocks Presuit Damages On Agilent Patent

    A Delaware federal court ruled that laboratory equipment company Agilent Technologies couldn't collect damages for any alleged infringement of one of its patents prior to the filing of its intellectual property lawsuit against biotechnology business Axion BioSystems.

  • January 12, 2026

    Chancery Tosses Repsol Claims Against Winston & Strawn

    The Delaware Chancery Court on Monday dismissed counterclaims brought by Repsol Renewables North America Inc. against Winston & Strawn LLP and one of its partners, ruling that Delaware law does not permit contract-based aiding-and-abetting claims and that Winston & Strawn did not owe fiduciary duties to a minority member in a limited liability company.

  • January 12, 2026

    US Magnesium Creditors Say Sale Process Was Rigged

    The unsecured creditors committee in the U.S. Magnesium bankruptcy has urged a Delaware bankruptcy judge to not give the company permission to sell its assets to its parent company, accusing the parent of manipulating the transaction to grab the assets while leaving other creditors behind.

  • January 12, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.

  • January 12, 2026

    Justices Won't Hear Hertz's $272M 'Solvent Debtor' Appeal

    The U.S. Supreme Court said Monday it will not hear an appeal by reorganized rental car giant Hertz Corp. of a Third Circuit decision that it owes $272 million to unsecured creditors from its 2020 bankruptcy.

  • January 12, 2026

    Supreme Court Won't Hear Appeal Of Boy Scouts Ch. 11 Plan

    The U.S. Supreme Court will not hear an appeal by sexual abuse claimants in the Boy Scouts of America's bankruptcy case arguing the Third Circuit got it wrong when it said it can't undo transactions in the organization's Chapter 11 plan.

  • January 12, 2026

    Justices Won't Hear If Atty Needs Client's OK To Admit Crime

    The U.S. Supreme Court on Monday declined to review a New Jersey man's conviction for unlawfully possessing a firearm as a felon, a case that asked if a lawyer could admit part of a crime on a client's behalf when the client himself objected.

  • January 09, 2026

    Bernstein Litowitz Asks To Exit $13B Endeavor Stock Suit

    Bernstein Litowitz Berger & Grossmann LLP asked the Delaware Chancery Court on Friday to allow its attorneys to withdraw as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.

  • January 09, 2026

    Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims

    A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.

  • January 09, 2026

    Real Estate Recap: Predicting '26

    Catch up on this past week's developments by state from Law360 Real Estate Authority — including key asset classes and pending litigation to watch in the new year.

  • January 09, 2026

    Energy Co. Members Sue In Del. Over 'Musk-Like' Power Grab

    Principals of a Delaware-chartered solar energy venture serving developing areas, including in Africa, have sued for Delaware Court of Chancery rulings affirming control of the business, citing moves by a manager who allegedly "hijacked" it, likening himself to Elon Musk and enriching himself, his family and friends.

  • January 09, 2026

    States Cite Ed. Dept. Outsourcing In Revamped Suit

    Democratic state attorneys general added fresh allegations Friday to an ongoing lawsuit over cuts to the U.S. Department of Education, saying the Trump administration has begun offloading some of the department's functions to other agencies.

  • January 09, 2026

    Biopharma Co. Secures D&O Coverage For Shareholder Suit

    A biopharmaceutical company is entitled to coverage for a suit alleging its board breached fiduciary duties under a pair of primary and excess directors and officers policies, a Delaware state court ruled, saying the suit is "meaningfully linked" to a previously noticed demand for books and records.

  • January 09, 2026

    Gaming Co., Founders Spar Over Survival Game Earnout

    A Delaware Chancery Court judge on Friday pressed lawyers for a video game studio's founders and its South Korean parent on sharply divergent explanations for why the founders were fired and control of the company seized, as the sides argued over post-trial relief in a fast-tracked earnout dispute tied to a potential $250 million payout.

  • January 09, 2026

    4 Argument Sessions That Benefits Attys Should Watch In Jan.

    The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.

Expert Analysis

  • Series

    Writing Musicals Makes Me A Better Lawyer

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    My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.

  • Series

    Adapting To Private Practice: From Va. AUSA To Mid-Law

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    Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.

  • Rebutting Price Impact In Securities Class Actions

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    Defendants litigating securities cases historically faced long odds in defeating class certification, but that paradigm has recently begun to shift, with recent cases ushering in a more searching analysis of price impact and changing the evidence courts can consider at the class certification stage, say attorneys at Katten.

  • 7 Document Review Concepts New Attorneys Need To Know

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    For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.

  • Agentic AI Puts A New Twist On Attorney Ethics Obligations

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    As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.

  • Resilience Planning Is New Key To Corporate Sustainability

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    While the current wave of deregulation may reduce government enforcement related to climate issues, businesses still need to evaluate how climate volatility may affect their operations and create new legal risks — making the apolitical concept of resilience increasingly important for companies, says J. Michael Showalter at ArentFox Schiff.

  • Series

    Being A Professional Wrestler Makes Me A Better Lawyer

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    Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.

  • Series

    Law School's Missed Lessons: Adapting To The Age Of AI

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    Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.

  • Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning

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    A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.

  • A Changing Playbook For Fighting Records Requests In Del.

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    The Delaware Supreme Court's recent decision in Wong v. Amazon, reversing the denial of an inspection demand brought by a stockholder, serves as a stark warning to corporations challenging books and records requests, making clear that companies cannot defeat such demands solely by attacking the scope of their stated purpose, say attorneys at Duane Morris.

  • Demystifying The Civil Procedure Rules Amendment Process

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    Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

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