AGP Executive Report

Film & Entertainment Incentives: Delaware’s new Film and Entertainment Tax Credit Program is now law, offering a 30% transferable credit for eligible productions spending $100,000+ in the state, with a modernized Motion Picture and Television Development Commission aimed at bringing more crews, jobs, and local business activity. Energy & Power: TurningPoint Energy celebrated energization of its third Delaware community solar project in Georgetown, adding 2.1 MWac and serving 560 residential customers, including 121 low-income households. Water & Environment: The Delaware River Basin Commission released a screening report on surface water availability in key tributaries, flagging where deeper study may be needed to support drought readiness. Telecom Transition: The FCC is taking extra time to review Verizon’s request to discontinue legacy copper landline service in parts of Delaware and Virginia, after rural reliability concerns were raised. Healthcare Policy & Costs: The Trump administration began mailing $500 ACA refund checks to nearly 1 million Americans in 30 states, including Delaware, tied to claims of overcharged federal exchange user fees. Workforce Training: Delaware Tech received a $25,000 Metallica Scholars Initiative grant to support six HVAC certificate students. Legal/Business: A Delaware federal judge wiped out a $14M patent verdict against Anker, while separate Delaware-linked patent litigation continues in the pharma space involving United Therapeutics and Liquidia. Local Industry Spotlight: Ursuline Academy secured a $2.5M lead gift toward a planned $10M Wilmington performing arts center.

Energy & Environment (Delaware): The Caesar Rodney Institute is urging Delaware to fold sustainably harvested wood and biomass into an “all-of-the-above” electricity plan, pointing to the state’s forest strategy and the need for markets for lower-quality timber. Energy Policy (Delaware): A Delaware policy debate over power supply continues, with lawmakers’ energy bills failing to advance in the General Assembly. AI & Law (Delaware-linked): A U.S. appeals court backed Thomson Reuters in its Westlaw AI copyright fight, rejecting a “fair use” defense tied to AI training on copyrighted legal summaries. Corporate Governance (Delaware Chancery): Delaware Chancery rejected a Saama founder’s $68M earnout bid, finding bad faith in a dispute tied to Carlyle-backed clinical data. Data Privacy & Consumer Protection (Delaware): Delaware joined a multistate $2.3M settlement with Labcorp over a 2019 data breach involving a debt-collection vendor, emphasizing that vendor management can’t be outsourced. Local Business & Manufacturing: Greif set its Q4 2026 earnings call for Nov. 4, while Battalion Oil published an updated investor presentation. Renewables (Delaware): A Georgetown community solar farm is now operational, but residents are debating impacts on wildlife and neighbors. Storm Readiness (Delaware): A Coastal Preparedness Symposium in Fenwick Island focused on evacuation routes, power safety, and emergency planning after a late September nor’easter. Workplace Benefits: New data shows nearly half of private workers still lack paid family and medical leave access, with Delaware among states rolling out new programs in 2026.

Corporate Courts: Delaware Chancery rejected Saama founder Suresh Katta’s $67.5M earnout bid tied to a Carlyle investment, ordering him to pay about $7.3M after finding bad faith. Energy Policy: A Delaware energy explainer argues the state’s 1999 restructuring left new power financing stuck in a PJM market design that discourages dependable generation; a related roundup says multiple bills aimed at boosting supply and lowering power costs died in the General Assembly. Power & Renewables: A new Georgetown community solar farm is now operational, but residents are debating impacts on wildlife and the community. Data Security: Delaware joined a 44-state settlement with Labcorp over a 2019 breach at its debt-collector vendor, AMCA, with Delaware’s share at $2.3M and renewed focus on vendor-management duties. Manufacturing & Jobs: Pennsylvania highlighted construction progress on DrinkPAK’s $195M East Coast canned-beverage expansion in Philadelphia, targeting 174+ jobs. Transportation Infrastructure: DelDOT marked the North Millsboro Bypass first anniversary, touting 8,000 vehicles daily and ongoing Route 113 widening work. Legal Tech & IP: The Third Circuit affirmed Thomson Reuters’ Westlaw AI copyright win, keeping intact a Delaware ruling that a legal AI tool infringed headnotes. College Sports: The U.S. Senate passed a sweeping college sports bill setting national rules for athlete pay, transfers, and NCAA authority. Business Restructuring: A Delaware bankruptcy filing by Yardbird’s parent signals a restructuring and potential sale after the Miami Beach restaurant closure.

Delaware Courts & IP: A Delaware federal judge kept Bayer’s COVID mRNA patent fight alive, rejecting Pfizer/BioNTech/Moderna bids to toss the cases, meaning the litigation can proceed even as the court didn’t rule on infringement or patent validity. AI & Business Growth: Brain Digits opened a new Abu Dhabi office in Masdar City to help governments and companies adopt AI, aligning with the emirate’s push for an “AI-native” government by 2027. Sports Industry Policy: The U.S. Senate passed a sweeping college sports bill (77-22) setting national rules on athlete compensation and transfers; Delaware’s senators split, with Lisa Blunt Rochester voting no and Chris Coons supporting. Local Delaware Infrastructure: DelDOT announced Nassau Road in Lewes will close Oct. 6 through Jan. 2027 for a roundabout tied to the Minos Conaway Road project, with detours posted. Delaware Manufacturing & Energy: Bloom Energy’s Newark plant is powering its rise as the 76ers’ jersey-patch sponsor, with the company citing AI data-center demand and local hiring. Public Health & Consumer Claims: AG Alan Wilson urged consumers to file for compensation tied to multistate settlements over alleged generic drug price inflation.

College Sports Policy: A bipartisan Senate bill is nearing passage to set national rules for college athlete pay and transfers, including disclosure of foreign funding over $600 and limits on eligibility and competition. Delaware Courts & Business Law: Delaware’s Supreme Court issued guidance on director independence under SB 21, while Chancery rulings continue to shape patent and fiduciary-fee disputes, including interest being struck in a Delaware patent indemnity fight. AI & State Tech: Delaware CIO Bob Osmond says states are using AI to classify sensitive data and improve cybersecurity and procurement as AI adoption matures. Energy & Manufacturing: Bloom Energy’s Newark plant is powering AI data-center demand, and the Sixers’ patch sponsorship reflects the company’s local growth. Rural Health IT: Delaware approved nearly $23M for three rural health centers to upgrade records, expand care coordination, and add mobile services. Insurance & Property Claims: Republic Claims Associates expanded licensing into Delaware and other states to help policyholders pursue property insurance claims. Data Security: A multistate AG settlement targets Labcorp over a 2019 breach, requiring stronger vendor security controls. Food Safety: A pork sausage recall warns of possible hard plastic contamination. Gas Prices: Diesel and premium fuel prices in Delaware counties stayed volatile, with the lowest reported diesel dipping to the low-$5 range in the Sept. 19 week.

Sports & Manufacturing Partnerships: Bloom Energy is now the Philadelphia 76ers’ official “Jersey Patch” partner, with Bloom’s Newark, Del. manufacturing hub tied to Delaware Blue Coats jersey sponsorship and a seven-figure regional community investment. Biotech Dealmaking: Lifecore Biomedical says it has a definitive agreement to be acquired by Webster Equity Partners in a transaction valued up to $663.7M, with cash per share plus contingent value rights tied to milestones. Defense & Brands: Powell Max Limited signed a share exchange deal to buy a minority stake in Remington Firearms’ parent, setting up an exclusivity period for a larger combination. Delaware Housing & Planning: Wilmington’s Bancroft Parkway high-rise rezoning fight remains on hold after resident opposition; in Sussex County, a new state density law is reshaping debate over the Lantern Cove rezoning. Health & Rural Care: Three Delaware health centers are sharing nearly $23M in federal Rural Health Transformation Program awards for upgrades and expanded services. Energy & Infrastructure: A Delaware Bay beach nourishment project is delayed a year as officials work to secure remaining easements. Workforce & Visas: Delaware recorded 545 H-2B worker approvals in fiscal 2026 through June 30, 2026, with a 100% approval rate. Tech & Space: Astro Digital plans to go public via merger with Proem Acquisition Corp I.

Energy & Grid Reliability: Pennsylvania regulators warn data center growth tied to AI could push the Philadelphia region toward supply shortfalls, with blackouts possible by 2030 if new power isn’t built. Federal Funding for Delaware Health Care: Three Delaware rural health centers split nearly $23M for clinic upgrades, mobile units, and care expansion. Immigration & Workforce: Delaware recorded 545 H-2B worker approvals tied to Delaware worksites in fiscal 2026 through June 30, with a 100% approval rate for those decisions. Coastal Resilience: Delaware Bay beach nourishment for Bowers Beach, Kitts Hummock, Pickering Beach and Slaughter Beach is delayed a year as officials secure remaining easements. Storm Impacts: A nor’easter battered the Northeast and Mid-Atlantic with flooding, downed lines, and outages, including Delaware’s coast where erosion and beach closures were reported. Local Business/Industry: Delaware County’s proposed data center rules face pushback as residents argue zoning hurdles don’t go far enough. Telecom Infrastructure: The FCC paused Verizon’s plan to retire copper landlines in Delaware and other states, citing more review time amid rural concerns. Workforce Policy: Delaware AG Jay Jones joined a coalition opposing a proposed H-1B petition tax.

Climate & Clean Energy: Delaware Gov. Matt Meyer joined a bipartisan governors-and-mayors climate pact aimed at pushing state-led action despite a hostile federal backdrop. Power Demand & Data Centers: AI data centers are driving a surge in electricity use, with analysts warning consumption could climb sharply by the late 2020s and beyond—an issue that will shape local energy planning. Severe Weather: A nor’easter battered the Mid-Atlantic and Jersey Shore with flooding, outages, and major disruption, including repeated coastal impacts. Delaware Health Funding: The Trump administration announced nearly $23M for Delaware rural and underserved health centers, including upgrades and mobile care units. Delaware Business & Industry: Delaware’s new $10M film tax credit program is now accepting applications, targeting productions that spend at least $100,000 in the state. Telecom Infrastructure: The FCC paused Verizon’s plan to retire copper landlines in Delaware and other states, citing more time needed amid concerns from rural users. Energy Prices: Gas prices stayed volatile nationally, while Delaware-area reporting highlighted week-to-week changes at the pump.

Rural Health Funding: The Trump administration announced nearly $23M in awards for Delaware health centers under the Rural Health Transformation Program, including upgrades to electronic records, remote monitoring, cybersecurity, and expanded care teams, plus mobile units to reach rural and agricultural communities. Data Centers & Local Zoning: In Delaware County, residents and neighboring municipalities are clashing over a proposed data center near the Trainer–Lower Chichester line, with complaints that zoning hurdles and differing municipal stances are leaving neighbors exposed. Permitting for Manufacturing Expansion: Tewksbury’s conservation commission approved environmental permits for a scaled-back Pepde Corporation project at 600 Woburn St., tied to a new multi-bay building and revised stormwater/wetlands plans. Telecom Infrastructure: The FCC paused Verizon’s plan to retire copper landlines in nine states, including Delaware, after ordering more time to review concerns from remote communities. Energy & Fuel Prices: GasBuddy reported Delaware County’s lowest diesel at $5.89/gal for the week ending Sept. 19, while the national regular-gas average climbed nearly 5 cents to $4.48. AI & Web Security: Cloudflare CEO Matthew Prince discussed how AI-driven scraping and agent activity are reshaping bot traffic and how site owners can control access. Entertainment Production: Delaware’s Division of Small Business opened applications for the state’s first $10M film tax credit program, offering a 30% transferable credit for qualifying production spending. Offshore Wind Legal Fight: An eight-state coalition, including Delaware, sued to challenge Trump administration buyouts of offshore wind leases, arguing the payouts steer money into oil and gas instead. Severe Weather Disruptions: A nor’easter battered the East Coast with flooding and power outages, including major impacts across New Jersey and the Philadelphia region.

Delaware Film Incentives: The Delaware Division of Small Business is taking applications for the state’s first $10M Entertainment and Production Tax Credit, offering a 30% transferable credit for eligible film, TV, esports and video game projects spending over $100,000 in Delaware, with applications accepted on a rolling basis until funds run out. Energy & Shale Watch: BP is reportedly looking at buying Devon Energy’s Eagle Ford assets, a move that could reshape U.S. onshore shale plans as Devon faces activist pressure to sell or divest. Data Center Fight: A proposed data center at a 24.4-acre site near the former Congoleum plant has sparked a dispute between Trainer Borough and Lower Chichester Township, with neighbors warning it would put the facility in a dense residential area. Offshore Wind Legal Battle: Delaware is among eight states suing the Trump administration over payments to private companies to cancel offshore wind leases, escalating a broader fight over billions in buyouts. Healthcare & Pharma: Mirum Pharmaceuticals and Incyte announced FDA approval of Atebrioz (zilurgisertib) for fibrodysplasia ossificans progressiva, expanding treatment options for adult and pediatric patients. Courts & Labor: Delaware’s Supreme Court upheld denial of a workers’ compensation claim, deferring to credibility findings by the Industrial Accident Board.

Biopharma & Courts: A Delaware federal judge ruled Teva and Apotex don’t infringe Vanda’s Hetlioz sleep-drug patents, a win that could shape generic competition in Delaware’s life-sciences ecosystem. Energy & Capital Markets: BP reportedly walked away from a potential $4.5B deal for Devon Energy’s Eagle Ford shale assets, underscoring how activist pressure and oil-market risk are reshuffling U.S. shale bets. Delaware Business Law: Delaware Chancery found Curonix owns Stimwave shares tied to a bankruptcy purchase, a reminder that ownership fights can move fast in the First State. Coastal & Construction: Delaware State Parks will close the New Road parking area starting Sept. 28 for up to five weeks for the Thompson Island Living Shoreline project, with an 810-foot living reef planned. Consumer Data & Enforcement: Delaware and other states continue pushing multistate actions over patient-data breaches, including Labcorp-related settlements tied to vendor handling. Aviation & Local Industry: Aloft AeroArchitects hosted a global business-jet interior summit in Dewey Beach, highlighting Delaware’s niche manufacturing and training pipeline. AI Policy Push: Bipartisan state AGs urged Congress to set federal AI safety rules, arguing self-policing isn’t enough.

FDA & Biotech: AstraZeneca’s IMFINZI (durvalumab) plus enfortumab vedotin won US Priority Review for muscle-invasive bladder cancer patients ineligible for cisplatin, with an FDA decision expected in Q4 2026. AI Governance: Delaware AG Dana Nessel joined a bipartisan coalition urging Congress to regulate AI now, warning unchecked development threatens financial systems, critical infrastructure, and national security. Healthcare Data Security: Delaware is part of a 44-state $2.3M multistate settlement with Labcorp over a 2019 data breach tied to a debt collector, with required upgrades to information security and vendor oversight. Delaware Courts & Finance: In Delaware Chancery, Ondo Finance denied a CoinDesk report that it was shopped to buyers after founder Nathan Allman’s death; the control fight continues under a court order. Insurance Enforcement: A former Delaware insurance agent, Zenaida Nieves-Cordero, was sentenced to three years in prison for stealing premium payments from Spanish-speaking clients, ordered to repay $625,226.75. Energy & Midstream: Select Water Solutions agreed to buy Delaware Basin-focused Pilot Water Solutions for $700M, targeting growth tied to energy-sector water demand. Legal/VC: Lowenstein Sandler launched a venture funds launch practice to advise fund managers and limited partners on governance, compliance, transactions, and tax. Local Business & Infrastructure: Old Orchard Road in Lewes reopened with a new alignment, while Plantation Road Phase 2 moves into right-of-way acquisition. Tech & Delaware Industry: Fineotex Chemical incorporated a Delaware-based US subsidiary to supply advanced water treatment chemicals for data centers and semiconductor manufacturing.

AI & Policy: Delaware AG Kwame Raoul joined a bipartisan push urging Congress to regulate AI, citing incidents where AI systems escaped testing and raised risks to finance, critical infrastructure, and national security. Data Centers & Water/Power: Maryland signed an executive order creating a statewide review framework for large data centers, while Texas AG Ken Paxton announced an investigation into data center water use—both reflecting mounting state pushback over AI infrastructure demands. Student Housing: Preleasing for the 2026-27 school year hit 93% at Yardi 200 schools, with University of Delaware among the laggards near 79% preleased as new supply comes online. Insurance Fraud & Consumer Protection: A Sussex/Kent-area insurance agent, Zenaida Nieves-Cordero, was sentenced to three years for stealing premium funds from Spanish-speaking clients, ordered to pay $625,226 in restitution. Shoreline & Construction: Delaware State Parks will close the New Road parking area Sept. 28 for up to five weeks as the Thompson Island Living Shoreline project builds an 810-foot oyster reef. Energy & Costs: AAA reports the national gas average at $4.48 and Delaware’s at $4.35, with diesel still near record levels. Business/Markets: Delaware bankruptcy court confirmed Lugano Diamonds’ Chapter 11 liquidation plan; InspireSemi advanced its Delaware redomicile plan; and a Delaware federal filing by Mylan seeks a ruling that its Wegovy generic won’t infringe patents.

AI Regulation Push: Delaware AG William Tong joined a bipartisan S.O.S. letter urging Congress to regulate unchecked AI, warning it threatens financial stability, critical infrastructure, and national security. Public Health & Vaccines: Tong also backed a coalition urging HHS to keep federal vaccine guidance grounded in science, saying recent moves have fueled confusion and could lower vaccination rates. Delaware Courts & Corporate Governance: A Delaware Superior Court filing by Miss Universe Jamaica 2025 Gabrielle Henry alleges negligence and unsafe stage conditions in her 2025 fall, seeking damages after severe brain injuries. Energy & Land Use: New Castle County faces rural backlash over a proposed 60-acre solar project in Port Penn, with petitions calling for action despite existing zoning approval. Construction & Infrastructure: A robotic plotter is being deployed for roadway layout by a Mid-Atlantic contractor, signaling more automation in pavement marking and sign work. Consumer & Food Safety: Wakefern recalled select Wholesome Pantry organic unsweetened applesauce jars after FDA testing found elevated patulin mold toxin levels. Finance & Consumer Protection: Georgia AG Carr announced a 41-state $694M settlement with Credit Acceptance, including cash and debt relief for borrowers and tighter rules on risky loan practices.

Legal & Governance: Delaware’s Supreme Court fight over whether corporations can vote in Fenwick Island elections is back in the spotlight as the ACLU urges the high court to revive its challenge. Corporate & IP: A Delaware federal judge sent a NetApp patent infringement case to Delaware, while another Delaware ruling upheld a $5M American Axle win in a patent dispute. M&A & Biotech: A Delaware investor seeks to revive an IP suit tied to Vividion Therapeutics’ $2B Bayer deal. Energy & Industry: ONE Nuclear Energy closed its business combination and plans Nasdaq trading under “ONEN,” and offshore wind continues to face multistate legal pressure. Cybersecurity: Astra Security says it was named best autonomous pentesting tool for 2026. Construction & Logistics: A Delaware developer is evaluating a Virginia data center site, and Delaware’s SNAP deadline case won in court while the state’s payment error rate remains high. Local Business & Agriculture: New oyster farmers in Sussex County received seed support from UD’s hatchery, and a stolen Delaware mini excavator was recovered after being resold on Facebook Marketplace.

Offshore Wind Legal Fight: Delaware and other eastern states are suing the Trump administration to block offshore wind lease buybacks that would reroute about $1.4B in federal reimbursements into fossil fuel and geothermal projects, with New York leading coalitions that include Delaware, NJ, CT, ME, MA, RI and VT. Privacy & CDL Data: Michigan AG Dana Nessel and a coalition won a preliminary injunction stopping the federal push for a database of state-owned records with sensitive personal info from 17M drivers, a move that could affect federal funding tied to AAMVA. AI & Data Center Pressure: A Delaware River-focused report warns AI-driven data centers can drive major energy and environmental costs, while a separate story highlights a proposed Pennsylvania data center process that hinges on local zoning and state permits. Wilmington Housing Deal: Wilmington plans to use returned Incyte incentive money to buy land in the Quaker Hill area for housing and commercial development. Food Safety Recall: Wakefern is recalling Wholesome Pantry organic unsweetened apple sauce after elevated patulin mold-toxin levels were found. Local Business/Industry: Defiance, Ohio council weighs another $50K for downtown facade improvements tied to ongoing investment, while Delaware’s Republicans unveil a “Contract with Delaware Voters” agenda for the next legislative session.