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Delaware
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February 25, 2026
Fed. Circ. Gene Therapy Ruling Gives Rare Eligibility Clarity
When the Federal Circuit revived the University of Pennsylvania's gene therapy patent last week, it provided a bright-line rule that's often missing in the debate over patent eligibility, attorneys say.
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February 25, 2026
$17.9M Drug Price-Fixing Deal Advances Despite Objections
A Connecticut federal judge on Wednesday advanced a $17.9 million generic drug price-fixing settlement between 48 states and territories and pharmaceutical companies Bausch Health US LLC, Bausch Health Americas Inc. and Lannett Co. Inc., sidelining objections by consumers suing separately in a Pennsylvania multidistrict litigation case.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
Mike Tyson's Cannabis Co. Faces Ex-Execs' Doc Demand
Former executives of boxer Mike Tyson's cannabis venture Tyson 2.0 Inc. filed a complaint in Delaware Chancery Court to inspect the company's books and records in order to determine the true value of their shares, saying they have concerns based on the company's recent performance.
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February 25, 2026
Pension Fund Presses For CEO Texts In $60B Merger Fight
A union pension fund stockholder urged the Delaware Supreme Court on Wednesday to revive its bid for access to a former Pioneer Natural Resources Co. CEO's undisclosed text messages and emails, arguing that the Delaware Chancery Court set an "impossible" standard in denying inspection of communications tied to the company's $60 billion sale to Exxon Mobil Corp.
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February 25, 2026
Foley & Lardner Wants 'Scattershot' Malpractice Suit Tossed
Foley & Lardner LLP is urging the Delaware Superior Court to toss a malpractice suit accusing the firm of negligence in representing an officer of a now-defunct food recycling company in a Chancery Court case that led to a $1.6 million judgment, saying it "suffers from basic pleading defects."
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February 25, 2026
9th Circ. Rules K-12 Mental Health Grants Must Continue
The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal.
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February 25, 2026
Former Philly Hospital Operator's Ch. 11 Wind-Down Gets OK
A Delaware bankruptcy judge on Wednesday signed off on the Chapter 11 liquidation plan of Center City Healthcare, the former operator of two Philadelphia hospitals, allowing the debtor to wind down its affairs and make distributions to creditors.
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February 25, 2026
Moderna's Damages Expert Limited In March Patent Trial
Moderna's damages expert was blocked from offering testimony about what a reasonable royalty would be in a suit alleging its COVID-19 vaccine infringed a rival's patents, after a federal judge found that part of the testimony wasn't reliable.
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February 24, 2026
Ariz., Calif. Lead Suit Over 'Senseless' HHS Vaccine Overhaul
Arizona and California are leading a coalition of states challenging the U.S. Department of Health and Human Services' decision to cut vaccine recommendations for American children, alleging in a lawsuit Tuesday that the "unprecedented attack" stems from HHS Secretary Robert F. Kennedy Jr.'s "unscientific hostility to vaccines."
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February 24, 2026
Lindis Decries Erasing $50M Verdict Over Inequitable Conduct
A Delaware federal judge wrongly overruled Lindis Biotech's $50 million infringement verdict against Amgen by falsely concluding an inventor intended to deceive the patent office during prosecution, the German company has told the Federal Circuit.
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February 24, 2026
Jack In The Box Sued Over 'Poison Pill' Blocking Investor
Activist investor Biglari Capital sued Jack In The Box Inc. and its board in Delaware Chancery Court, challenging their efforts to adopt a so-called poison pill that would block Biglari Capital from acquiring more than 12.5% of common stock in a hostile takeover.
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February 24, 2026
Mallinckrodt's Ch. 11 Blocks Antitrust Payouts, Judge Rules
A Connecticut federal judge has ruled that drugmaker Mallinckrodt PLC shrugged off monetary claims brought by states in a sprawling generic drug antitrust enforcement action when the company emerged from bankruptcy in 2022.
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February 24, 2026
Terraform Says Jane Street 'Insider Trading' Led To Ch. 11
The administrator for bankrupt cryptocurrency company Terraform Labs has sued trading firm Jane Street in New York federal court over what Terraform says was an insider trading scheme to "front-run trading that hastened the collapse of Terraform."
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February 24, 2026
Biotech Co. Moves To Dismiss LSD Trade Secret Suit
A biotechnology company accused of having lifted trade secrets regarding clinical trials of potential LSD treatments for psychiatric disorders asked a Delaware federal judge Monday to dismiss or narrow the suit, which it says was brought by a "disgruntled former vendor."
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February 24, 2026
Theme Park Urges Lift Of Ch. 11 Stay To Appeal $116M Verdict
The owner of Colorado's Glenwood Caverns Adventure Park has asked a Delaware bankruptcy judge to partially lift bankruptcy's automatic stay so it can appeal a $116 million wrongful death judgment that sent it into Chapter 11.
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February 23, 2026
CBP Clears Redesigned Tourniquet Imports After IP Ban
U.S. Customs and Border Protection has found that a modified version of a tourniquet made by a Chinese company isn't subject to an import ban issued by the U.S. International Trade Commission after finding that earlier imports infringed a patent.
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February 23, 2026
EEOC Decries New Hurdle For 3rd-Party Harassment Suits
A recent appellate ruling making it tougher for workers to sue employers over alleged harassment by third parties threatens to undermine the goals of federal anti-bias law, the U.S. Equal Employment Opportunity Commission told the Third Circuit, backing a suit against the University of Pennsylvania.
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February 23, 2026
Justices Want Natera's Take On CareDx's False Ad Petition
The U.S. Supreme Court on Monday asked for Natera's position on a petition from rival CareDx asking the high court to review a Third Circuit decision that erased a $45 million jury award stemming from CareDx's false advertising claims.
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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.
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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.
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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.
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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.
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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.
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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.
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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AI-Generated Doc Ruling Guides Attys On Privilege Risks
A New York federal court's ruling, in U.S. v. Heppner, that documents created by a defendant using an artificial intelligence tool were not privileged, can serve as a guide to attorneys for retaining attorney-client or work-product privilege over client documents created with AI, say attorneys at Sher Tremonte.
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The Law Firm Merger Diaries: Leadership Strategy After Day 1
For law firm leaders, ensuring a newly combined law firm lives up to its promise, both in its first days of operation and well after, includes tough decisions, clear and specific communication, and cheerleading, says Peter Michaud at Ballard Spahr.
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Emerging Themes In Post-Groff Accommodation Decisions
Nearly three years after the U.S. Supreme Court's seminal decision in Groff v. DeJoy reshaped the legal framework for religious accommodations, lower court decisions and agency guidance have begun to reveal how this heightened standard operates in practice, and the pitfalls for unwary employers, says Helen Jay at Phelps Dunbar.
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Calif.'s Civility Push Shows Why Professionalism Is Vital
The California Bar’s campaign against discourteous behavior by attorneys, including a newly required annual civility oath, reflects a growing concern among states that professionalism in law needs shoring up — and recognizes that maintaining composure even when stressed is key to both succeeding professionally and maintaining faith in the legal system, says Lucy Wang at Hinshaw.
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Del. Dispatch: Workplace Sexual Misconduct Liability In Flux
Following the Delaware Court of Chancery's recent contradictory rulings in sexual misconduct cases involving eXp World, Credit Glory and McDonald's, it's now unclear when directors' or officers' fiduciary duties may be implicated in cases of their own or others' sexual misconduct against employees, say attorneys at Fried Frank.
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4th Circ. D&O Ruling Shows Why Textual Policy Args Are Best
The Fourth Circuit's recent decision in favor of the insurer in Navigators Insurance v. Under Armour highlights how plain-text policy interpretation protects party autonomy and improves predictability to the benefit of both insurers and insureds, say attorneys at Zelle.
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Series
Trivia Competition Makes Me A Better Lawyer
Playing trivia taught me to quickly absorb information and recognize when I've learned what I'm expected to know, training me in the crucial skills needed to be a good attorney, and reminding me to be gracious in defeat, says Jonah Knobler at Patterson Belknap.
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Coinbase Ruling Outlines Litigation Committee Conflict Risks
The Delaware Court of Chancery's recent rejection in Grabski v. Andreessen of a special litigation committee's motion to terminate or settle — its first such decision in over a decade — over conflict concerns highlights why the independence of SLC counsel matters just as much as that of committee members, says Joel Fleming at Equity Litigation Group.
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Series
Law School's Missed Lessons: What Cross-Selling Truly Takes
Early-career attorneys may struggle to introduce clients to practitioners in other specialties, but cross-selling becomes easier once they know why it’s vital to their first years of practice, which mistakes to avoid and how to anticipate clients' needs, say attorneys at Moses & Singer.
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Series
Judges On AI: Practical Use Cases In Chambers
U.S. Magistrate Judge Allison Goddard in the Southern District of California discusses how she uses generative artificial intelligence tools in chambers to make work more efficient and effective — from editing jury instructions for clarity to summarizing key documents.
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Notable Q4 Updates In Insurance Class Actions
Last quarter featured a novel class action theory about car rental reimbursement coverage, another win for insurers in total loss valuations, a potentially broad-reaching Idaho Supreme Court ruling about illusory underinsured motorist coverage, and homeowners blaming rising premiums on the fossil fuel industry, says Kevin Zimmerman at BakerHostetler.
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Opinion
Corporations Should Think Twice About Mandatory Arbitration
The U.S. Securities and Exchange Commission's recent acceptance of mandatory arbitration provisions in corporate charters and bylaws does not make them wise, as the current system of class actions still offers critical advantages for corporations, says Mohsen Manesh at the University of Oregon School of Law.
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Series
Trail Running Makes Me A Better Lawyer
Navigating the muddy, root-filled path of trail marathons and ultramarathons provides fertile training ground for my high-stakes fractional general counsel work, teaching me to slow down my mind when the terrain shifts, sharpen my focus and trust my training, says Eric Proos at Next Era Legal.
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Trade Secret Steps To Take As Exposure Risk Increases
Against the backdrop of rising trade secret litigation, greater employee mobility and constraints on noncompetes, recent cases highlight the importance of minimizing trade secret risks when employees leave or when new hires join, say attorneys at Sullivan & Cromwell.
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Tips From Del. Decision Nixing Major Earnout Damages Award
The Delaware Supreme Court recently vacated in part the largest earnout-related damages award in Delaware history, making clear that the implied covenant of good faith and fair dealing cannot be used to rescue parties from drafting choices where the relevant regulatory risk was foreseeable at signing, say attorneys at Sullivan & Cromwell.