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Delaware
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August 27, 2025
Investors Accuse Suns Owner Of Undermining Minority Stakes
Two groups holding minority stakes in the NBA's Phoenix Suns and WNBA's Phoenix Mercury sued for company documents in Delaware's Court of Chancery Wednesday, alleging there is a lack of transparency and majority owner Mat Ishbia is attempting to dilute their investment.
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August 27, 2025
DOJ Seeks To Expedite Appeal Over NJ US Atty Role Dispute
The U.S. Department of Justice asked the Third Circuit to expedite its appeal of a New Jersey federal judge's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two criminal cases, emphasizing the critical questions about her authority under federal law and the fact that the dispute has delayed multiple pending trials.
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August 26, 2025
Disney Prevails In Multimedia Patent Challenge At PTAB
The Patent Trial and Appeal Board has sided with Disney in its challenge to claims in a patent for marketing and distributing multimedia, finding that prior inventions rendered the claims too obvious for patent protection.
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August 26, 2025
Expert Sees No 'Ugly House' Mixup In Warner Bros. IP Case
During the second day of trial in Delaware federal court, a trademark litigation survey expert testified she found no public confusion with respect to Warner Bros. Discovery Inc.'s "Ugliest House in America" series and HomeVestors Inc.'s house-flipping business and "Ugliest House of the Year" campaign.
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August 26, 2025
How This Firm Hit Its Stride With 9-Figure Patent Verdicts
When several Russ August & Kabat attorneys secured a $122 million jury verdict for a client in an advertising patent infringement case against Amazon last summer, they kicked off a streak of nine-figure verdicts for the firm, including a $175 million win last month in front of a Texas federal jury.
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August 26, 2025
Skechers Investor Sues For Docs In $9.4B Take-Private Deal
Skechers faces a lawsuit in Delaware's Court of Chancery from a company stockholder seeking access to corporate records over concerns that 3G Capital's $9.4 billion deal to take the footwear giant private would unfairly give Skechers' founders a "substantial equity stake" and continued leadership roles in the surviving company.
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August 26, 2025
Pioneer Health Objects To Banker's Ch. 11 Fee Application
Clinic operator Pioneer Health Systems LLC, which had its Chapter 11 plan confirmed late last year, objected to a $500,000 fee application from a firm that had acted as its investment banker, saying the payout hinged on a sale Pioneer never fully carried out.
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August 26, 2025
SEC Says Nikola's Ch. 11 Plan Mischaracterizes $80M Penalty
The U.S. Securities and Exchange Commission objected to the Chapter 11 plan of electric-truck maker Nikola Corp. on Tuesday, saying the plan improperly treats the agency's $80 million civil penalty claim as if it were a damages claim behind other unsecured creditors in the priority scheme.
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August 26, 2025
UpHealth Strikes Chapter 11 Deal With Glocal
Bankrupt medical technology company UpHealth told a Delaware bankruptcy court that it has reached a settlement resolving Indian company Glocal Healthcare's $200 million adversary proceeding in a bitter feud over an ill-fated merger.
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August 26, 2025
3rd Circ. Says Tossing Undated Mail Votes Is Unconstitutional
The Third Circuit ruled Tuesday that Pennsylvania discarding mail-in ballots with missing or incorrect dates violates voters' constitutional rights, reasoning that preventing the loss of votes outweighed any claimed benefits of enforcing the state's date requirement.
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August 26, 2025
Court Asked To Reconsider Burford Capital Arb Fight Ruling
German entity Financialright Claims GmbH is urging a Delaware federal court to reconsider a decision ordering the company to arbitrate its dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, saying "a clear error of law" in the ruling needs to be corrected.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 25, 2025
Del. Justices Won't Revive Hunter Biden Defamation Suit
Delaware's highest court on Monday affirmed a lower court's decision to toss defamation claims a computer repair shop owner lodged against Hunter Biden and others over media reports he asserted tied him to Russian disinformation, saying no reasonable person would have concluded that statements he alleged were defamatory concerned him.
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August 25, 2025
Warner Bros. Denies 'Ugly House' Infringement At Del. Trial
An attorney for Warner Bros. Discovery Inc. told a Delaware federal judge on Monday its popular "Ugliest House in America" show had "nothing to do" with HomeVestors of America Inc.'s "Ugly House" competition, kicking off an infringement trial where the latter company is seeking millions in disgorgement.
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August 25, 2025
Title Insurer Beats Ex-Board Member's Fiduciary Duty Claims
Connecticut title insurer CATIC, its Delaware and Florida corporate arms, and 12 of its senior leaders have escaped fiduciary duty claims from a lawyer who challenged his purported ejection from two boards of directors after an audit allegedly revealed accounting problems at his Hartford law firm.
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August 25, 2025
Auto Parts Supplier Targets Tilton In $39M Clawback Case
An auto parts supplier asked a Michigan state court to hold collateralized debt promoter Lynn Tilton and several other defendants liable to the tune of nearly $40 million, alleging they had been involved in an asset transfer aimed at ducking a judgment in the plaintiff's favor.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
Marelli Wins Ch. 11 Ruling To Resume Arbitration In Italy
A Delaware bankruptcy judge said he would lift the automatic stay on an arbitration proceeding in Italy, finding that it wouldn't prejudice a company with counterclaims against automotive parts manufacturer Marelli Corp.
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August 25, 2025
Feds, Wind Farm Backers Duel For Wins In Permitting Fight
As the Trump administration moves to halt work on multiple offshore wind projects, the government and wind farm backers have blasted each other's bids for quick wins in litigation challenging the stoppage of all federal reviews of wind projects.
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August 25, 2025
3rd Circ. Again Rejects Atty's Fee Row With Pierce Bainbridge
The Third Circuit on Monday denied Philadelphia attorney Bruce Chasan a third chance to litigate a long-running fee dispute with Pierce Bainbridge Beck Price & Hecht LLP over a client who unsuccessfully sued Microsoft over allegedly stealing his image for a video game.
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August 25, 2025
Delaware Jury Clears Anker In Charger Patent Trial
A Delaware federal jury has cleared Chinese electronics manufacturer Anker of allegations that it infringed two power converter patents with its charger products, while also finding that claims in the patents were invalid.
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August 22, 2025
DOJ Investigation Of NY AG Condemned By AGs Of 21 States
A coalition of 21 attorneys general Friday issued an open letter saying the U.S. Department of Justice is investigating New York Attorney General Letitia James and condemning the probe as political payback for the financial fraud claims she pursued against President Donald Trump and his New York-based businesses.
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August 22, 2025
9th Circ. Blocks Meta's MDL Discovery Against State Agencies
The Ninth Circuit blocked an order requiring California's attorney general and third-party state agencies to respond to Meta's discovery demands in multidistrict litigation concerning the company's allegedly addictive designs, ruling Friday the attorney general isn't deemed to possess or control the state agencies' records and Meta must obtain them through subpoenas.
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August 22, 2025
3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening
A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.
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August 22, 2025
Avon's Ch. 11 Plan Can Get OK, With Changes, Judge Rules
Bankrupt cosmetics giant Avon and its talc trust must modify its Chapter 11 reorganization plan to make some concessions to insurers, but the plan is otherwise confirmable and doesn't need to be sent out again for a new creditor vote, a Delaware judge has ruled.
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: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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Environmental Justice Is Alive And Well At The State Level
Even as the Trump administration has rolled back federal environmental justice policies, many states continue to prioritize it, with new regulations, strengthened enforcement of existing rules and ongoing private litigation — so companies must stay alert to how state-level EJ enforcement may affect their operations, say attorneys at Crowell & Moring.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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6 Tips On Drafting Machine Learning Patents Post-Recentive
While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.
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Opinion
3rd Circ. H-2A Decision Mistakenly Relies On Jarkesy
The Third Circuit's decision last month in Sun Valley v. U.S. Department of Labor found that the claims required Article III adjudication under the U.S. Supreme Court's Jarkesy decision — but there is an alternative legal course that can resolve similar H-2A and H-2B cases on firmer constitutional ground, says Alex Platt at the University of Kansas School of Law.