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Delaware
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November 12, 2025
Coinbase To Move To Texas, Citing 'Litigious' Delaware
Coinbase told the U.S. Securities and Exchange Commission on Wednesday that the cryptocurrency exchange is leaving Delaware to reincorporate in Texas, citing the "increasingly litigious environment in Delaware" and the Lone Star State's recently enacted laws that place numerous restrictions on shareholder suits and help shield executives from investor litigation.
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November 12, 2025
Del. Justices Mull Paramount Merger Doc Suit Revival
An attorney for Paramount Global urged Delaware's Supreme Court on Wednesday to adopt a "very bright-line rule" barring post-document-demand use of unverified reports and confidential news sources to support stockholder suits seeking access to corporate deal books and records.
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November 12, 2025
Sandoz Tells 3rd Circ. To Restore Full $137M Win Over UTC
Sandoz Inc. and its marketing firm RareGen LLC urged a Third Circuit panel on Wednesday to reinstate the full $137.2 million awarded in breach of contract damages against United Therapeutics Corp., claiming a lower court's decision to halve the damages provided a windfall to their adversary.
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November 12, 2025
Yellow To Get Ch. 11 Plan Ruling Next Week Amid MFN Row
A Delaware bankruptcy judge announced Wednesday that he will issue a ruling on Yellow Corp.'s Chapter 11 plan next week, saying he needed time to consider arguments brought by a major shareholder that the trucking company's plan doesn't treat certain creditors better than a Chapter 7 liquidation would.
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November 12, 2025
1st Circ. Weighs Federal Halt To Planned Parenthood Funding
First Circuit judges skeptically questioned a Planned Parenthood attorney Wednesday as they wrestled with whether Congress illegally singled out the organization in budget legislation that blocks its federal Medicaid funding for a year.
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November 12, 2025
Energy Dept. Sued Over Blue State Project Award Rescissions
Minnesota's capital city and several clean energy advocates have sued the U.S. Department of Energy in D.C. federal court over its termination of over $7.5 billion in grants for energy projects, accusing the agency of unconstitutionally targeting projects primarily in blue states.
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November 12, 2025
'Weird' Bikini Trust Fight Flipped To Summary Judgment Bid
Calling the dispute over two Bikini Atoll resettlement trusts "weird," "strange" and "very unusual," during a Wednesday hearing, a Delaware Chancery judge converted a motion to dismiss into a motion for summary judgment, ruling the allegations of starvation, coercion and withheld information require factual development before any legal conclusions can be drawn.
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November 12, 2025
Insurer Tells Justices AMC's Share Battle Yielded No Liability
An indemnity insurer for AMC Entertainment Holdings Inc. told Delaware's justices on Wednesday that the entertainment company failed to show a covered loss when it issued shares to settle a $99.3 million claim for losses arising from a stock conversion and reverse stock split.
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November 10, 2025
Law360 MVP Awards Go To Top Attorneys From 76 Firms
The attorneys chosen as Law360's 2025 MVPs have distinguished themselves from their peers by securing significant achievements in high-stakes litigation, complex global matters and record-breaking deals.
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November 11, 2025
Justices Extend Temporary Pause On Full SNAP Payments
The U.S. Supreme Court on Tuesday granted the Trump administration's bid to extend the pause on a Rhode Island federal judge's order forcing the U.S. Department of Agriculture to fully fund food assistance benefits during the federal government's ongoing shutdown.
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November 10, 2025
Del. Justices Reject Bid To Revive Amazon-Blue Origin Suit
Delaware's Supreme Court has declined to revive a suit that was dismissed by the Court of Chancery that accused Amazon founder Jeff Bezos and the company's board of directors of "blindly" approving a multibillion-dollar, Bezos-controlled launch contract for a new satellite-based internet service.
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November 10, 2025
Pfizer Again Asks Judge To Toss States' Price-Fixing Case
Pfizer has again asked a Connecticut federal judge to throw out claims it faces in a sprawling dermatology drug price-fixing lawsuit filed by multiple states against several pharmaceutical companies, arguing allegations against it were "scant and cursory."
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November 10, 2025
Boy Scouts Trustee Pushes Back On $31.2M Claim
The trustee overseeing the distribution of funds to sex assault victims in the Boy Scouts of America bankruptcy is opposing negotiations with a man who holds what could be a $31.2 million claim — possibly the biggest single claim so far — saying that procedures require him to take his claim to court instead.
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November 10, 2025
Medtech Co-Founder Tells Chancery Father-Son Cut Him Out
A co-founder of a medtech company has sued in the Delaware Chancery Court alleging the two other co-founders, who are father and son, of engineering a covert squeeze-out aimed at stripping him of his 30% ownership stake just as the company approached a potentially lucrative fundraiser.
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November 10, 2025
Novartis Argues For High Court To Skip Entresto Patent Case
Novartis Pharmaceuticals Corp. is urging the U.S. Supreme Court to skip MSN Pharmaceuticals Inc.'s request for review of a Federal Circuit decision that barred MSN's generic version of Novartis' blockbuster cardiovascular drug Entresto, asserting there is no conflict in the circuit for the justices to look at.
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November 10, 2025
Humana Sues ChenMed In Del. Over 'Imposed' License Fees
Humana Inc. sued ChenMed LLC on Monday in Delaware's Court of Chancery, accusing the multistate senior healthcare network and its affiliates of imposing unauthorized technology license fees and other charges to siphon "tens of millions" in revenues from the insurance giant through the companies' JenCare joint venture.
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November 10, 2025
Utah Enviro Agency Objects To US Magnesium Transaction
Utah's environmental regulatory agency has asked a Delaware bankruptcy judge to reject US Magnesium's asset sale agreement, saying a buyer should be bound by the same responsibilities as the debtor.
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November 10, 2025
Gov't Can Support Anti-Abortion Group In NJ Subpoena Fight
The U.S. Supreme Court on Monday granted Solicitor General D. John Sauer's request to file an amicus brief and participate in oral argument in an anti-abortion pregnancy center's bid to revive its challenge to a subpoena from the New Jersey attorney general demanding information about its donors.
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November 10, 2025
FTC Risks Help Push Metsera Back To Pfizer
Novo Nordisk AS' aspirations to pry Metsera away from Pfizer Inc. collapsed over the weekend under the pressure of a revised Pfizer offer, twin court challenges and "a call from the U.S. Federal Trade Commission."
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November 10, 2025
Chancery Drops Claims In Murder-Linked Bio Co. Merger Fight
The Delaware Chancery Court dismissed a biotech company's claims against the husband and investment vehicle of convicted fraudster Serhat Gumrukcu, whose murder-for-hire plot allegedly helped conceal past misconduct ahead of a 2018 merger.
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November 10, 2025
3rd Circ. Rules Post-Gazette Bargained In Bad Faith
The Third Circuit on Monday affirmed that the publisher of the Pittsburgh Post-Gazette had been bargaining with its unions in bad faith and should not have unilaterally imposed a new contract on newsroom employees more than five years ago.
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November 10, 2025
Catching Up With Delaware's Chancery Court
Delaware's top court issued a flurry of rulings last week and heard arguments on recently passed legislation that expanded liability shields for some corporate acts while the Court of Chancery passed on another round of arguments over control of Caribbean broadcaster Caribevision.
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November 10, 2025
Justices Skip Battery Maker's Challenge To $22M Wage Verdict
The U.S. Supreme Court said Monday it won't review a $22 million verdict for workers claiming they were owed pay for changing in and out of protective gear before and after shifts, shelving the question of whether compensation for that activity is based on a "reasonable" duration or the actual time spent.
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November 07, 2025
Supreme Court Temporarily Pauses Full SNAP Payments
The U.S. Supreme Court Friday evening temporarily paused a Rhode Island federal judge's orders compelling the Trump administration to fully fund November Supplemental Nutrition Assistance Program benefits and transfer roughly $4 billion by the end of the day, hours after the First Circuit denied the administration's emergency request.
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November 07, 2025
Delaware Fee Inflation Worries Overblown, Study Says
A newly published report by two Stanford University researchers asserts that high-dollar attorney fee awards in Delaware courts make up "a very small minority of cases" and are "no basis for concern," throwing cold water on growing worries about so-called fee inflation in the First State.
Editor's Picks
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DocuSign's Bad Conduct Warrants Fee Shift, Ex-CEO Says
DocuSign's ex-CEO wants the Delaware Chancery Court to order the e-signature company to pay at least $709,000 for legal fees he has incurred in litigation alleging the company tried to "bully" him into resigning from its board and made false filings saying he resigned as a director.
Expert Analysis
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.
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Why Appellees Should Write Their Answering Brief First
Though counterintuitive, appellees should consider writing their answering briefs before they’ve ever seen their opponent’s opening brief, as this practice confers numerous benefits related to argument structure, time pressures and workflow, says Joshua Sohn at the U.S. Department of Justice.
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Notable Q3 Updates In Insurance Class Actions
The third quarter of 2025 was another eventful quarter for total loss valuation class actions, with a new circuit split developing courtesy of the Sixth Circuit, while insurers continued to see negative results in cost-of-insurance class actions, says Kevin Zimmerman at BakerHostetler.
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Strategic Use Of Motions In Limine In Employment Cases
Excerpt from Practical Guidance
Because motions in limine can shape the course of employment litigation and ensure that juries decide cases on admissible, relevant evidence, understanding their strategic use is essential to effective advocacy and case management at trial, says Sara Lewenstein at Nilan Johnson.
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Series
Mindfulness Meditation Makes Me A Better Lawyer
Mindful meditation enables me to drop the ego, and in helping me to keep sight of what’s important, permits me to learn from the other side and become a reliable counselor, says Roy Wyman at Bass Berry.
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How Calif. High Court Is Rethinking Forum Selection Clauses
Two recent cases before the California Supreme Court show that the state is shifting toward greater enforcement of freely negotiated forum selection clauses between sophisticated parties, so litigators need to revisit old assumptions about the breadth of California's public policy exception, says Josh Patashnik at Perkins Coie.
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AI Litigation Tools Can Enhance Case Assessment, Strategy
Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.
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Attys Beware: Generative AI Can Also Hallucinate Metadata
In addition to the well-known problem of AI-generated hallucinations in legal documents, AI tools can also hallucinate metadata — threatening the integrity of discovery, the reliability of evidence and the ability to definitively identify the provenance of electronic documents, say attorneys at Law & Forensics.
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Calif. Justices Continued Anti-Arbitration Trend This Term
In the 2024-2025 term, the California Supreme Court justices continued to narrow arbitration's reach under state law, despite state courts' extreme caseload backlog and even as they embraced contractual autonomy in other contexts, says Josephine Petrick at The Norton Law Firm.
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When Atty Ethics Violations Give Rise To Causes Of Action
Though the Model Rules of Professional Conduct make clear that a violation of the rules does not automatically create a cause of action, attorneys should beware of a few scenarios in which they could face lawsuits for ethical lapses, says Brian Faughnan at Faughnan Law.
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How Novel Del. Ruling Tackled Crypto Jurisdiction
As courts grapple with cryptocurrency's borderless nature, the Delaware Court of Chancery's recent decision in Timoria v. Anis highlights the delicate balance between territorial jurisdiction and due process, and reinforces the need for practitioners to develop sophisticated, multijurisdictional approaches to digital asset disputes, say attorneys at Holland & Knight.
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Lessons From Del. Chancery Court's New Activision Decision
The Delaware Court of Chancery's recent decision in AP-Fonden v. Activision Blizzard, declining to dismiss certain fiduciary duty claims at the pleading stage, offers takeaways for boards considering a sale, including the importance of playing an active role in the merger process and documenting key board materials, say attorneys at Cleary.
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Series
Practicing Stoicism Makes Me A Better Lawyer
Practicing Stoicism, by applying reason to ignore my emotions and govern my decisions, has enabled me to approach challenging situations in a structured way, ultimately providing advice singularly devoted to a client's interest, says John Baranello at Moses & Singer.