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Delaware
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July 11, 2025
Amgen Eyes New Trial After Regeneron's $407M Antitrust Win
Amgen urged a Delaware federal judge in documents made public Friday to overturn a nearly $407 million antitrust and tortious-interference verdict in favor of Regeneron, saying there was a serious lack of evidence shown to the jury.
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July 11, 2025
Success Tricking FDA Shouldn't Protect Merck, Justices Told
Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.
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July 11, 2025
3rd Circ. Nixes Rehire Of Welch's Worker In Harassment Fight
The Third Circuit on Friday vacated an order instructing Welch's to rehire a worker who was accused of using gender-based slurs toward a co-worker, saying an arbitrator needed to clarify whether she'd determined that sexual harassment occurred.
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July 11, 2025
3rd Circ. Revives Benicar MDL Fees Suit Against NJ Law Firm
The Third Circuit on Friday revived a proposed class action against Mazie Slater Katz & Freeman LLC attorneys that claims they took excessive fees from plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar, remanding the dispute for the district court to determine whether it has jurisdiction over the case.
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July 11, 2025
MSN Beats Novartis' Patent Suit Over Entresto
A Delaware federal judge on Friday found that Novartis couldn't show that MSN Pharmaceuticals Inc. infringed a patent related to its blockbuster drug Entresto, the latest in the company's wide-ranging fight to keep a generic version of the product off the market.
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July 11, 2025
FTX Trust Says Blockchain Co. Hasn't Delivered $1.3M Coins
A recovery trust for the bankrupt cryptocurrency exchange FTX filed a Chapter 11 adversary proceeding in Delaware bankruptcy court seeking turnover of $1.3 million worth of $XION digital tokens that the debtor's subsidiaries purchased prior to the bankruptcy filing.
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July 11, 2025
Dolphin Co. Says Ex-CEO Blocked Records, Violated Orders
Dolphin encounter company Leisure Investments Holdings LLC told a Delaware bankruptcy court that its former executives ignored the court's order to submit the debtor's business records, therefore it should impose sanctions until they comply with the order.
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July 11, 2025
Better Therapeutics Settles SPAC Suit In Del. For $1M
Defunct telehealth provider Better Therapeutics Inc. has reached a roughly $1 million settlement with a shareholder to end a Delaware Chancery Court suit challenging its take-public merger, according to court filings.
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July 11, 2025
Dem States Drop Bid To Block Machine Gun Trigger Returns
Sixteen Democrat-led states and the District of Columbia told a Maryland federal judge Friday that they are dropping their motion to block the federal government from returning forced-reset triggers for guns to their owners, following declarations from the government and others that they would not distribute the products into states where possession is illegal.
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July 11, 2025
Bove Faults 'Heavy-Handed' Jan. 6 Cases
Third Circuit nominee Emil Bove, who is currently serving in the U.S. Department of Justice, in his post-hearing questionnaire obtained by Law360 on Friday, drew what he says is a distinction between condemning violence against law enforcement officers and over-prosecution of Jan. 6 rioters.
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July 11, 2025
Hess Faces Investor Suit Over $53B Chevron Deal
As the parties await the result of a critical arbitration proceeding that could sink a planned $53 billion sale of Hess to Chevron, a shareholder is arguing that the deal disproportionately benefits CEO John Hess at the expense of the company's investors.
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July 10, 2025
VC Giant Andreessen Rips Del. Courts, Plans Move To Nev.
Venture capital giant Andreessen Horowitz on Wednesday announced plans to reincorporate in Nevada, saying that it was no longer a "no-brainer" to launch a company and incorporate in the historically corporate-friendly state of Delaware.
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July 10, 2025
Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent
The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.
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July 10, 2025
Mo' Money Mo' Problems: Biggie Smalls' Widow Sued Over IP
A record executive has sued the Notorious B.I.G.'s widow, Faith Evans, in Delaware Chancery Court, accusing the R&B singer of improperly trying to seize control of her late husband's hip-hop music catalog, which includes chart-topping hits like "Juicy" and "Mo' Money, Mo' Problems," following his mother's recent death.
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July 10, 2025
Joann's Ch. 11 Wind-Down Plan Confirmed In Del.
The Chapter 11 wind-down plan of former arts and crafts retailer Joann Inc. received approval Thursday in Delaware bankruptcy court without opposition from any party in interest.
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July 10, 2025
Tyson Says $55M Del. Poultry Plants Win Blocks Ga. Damages
Tyson Foods wants to block any claim to damages in a poultry rendering company's antitrust lawsuit, telling a Georgia federal judge Wednesday that a Delaware state court already ruled that it overpaid to buy out the company and asserting that precludes any claims that it forced the firm into an underpriced buyout.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Dems Say 3rd Circ. Nominee Urged DOJ To Ignore Courts
Senate Democrats on the Judiciary Committee on Thursday unveiled 150 pages of documents, which they say substantiate whistleblower allegations against Third Circuit nominee Emil Bove and raise concerns about his conduct during his tenure at the U.S. Department of Justice.
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July 09, 2025
Judge Unlikely To Halt ATF Return Of 'Machine Gun' Triggers
A Maryland federal judge said she was unlikely to block settlements between the federal government and gun-component manufacturers allowing the Bureau of Alcohol, Tobacco, Firearms and Explosives to return "forced reset triggers" to their owners and questioned the standing of states that claim the returns would break their laws.
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July 09, 2025
3rd Circ. Probes 'Disruption' By Alt-Right Ex-Prof's Speech
A Third Circuit panel pressed the New Jersey Institute of Technology on Wednesday to show that what it called racist off-campus comments by a professor had caused such a disruption that it had to fire him, with one judge asking where they should draw the First Amendment line for free speech.
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July 09, 2025
Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab
The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.
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July 09, 2025
Fed. Circ. Cements Arthrex PTAB Wins Over Medical Device IP
The Federal Circuit on Wednesday affirmed without explanation decisions from the Patent Trial and Appeal Board invalidating claims in a group of medical device patents challenged by Arthrex Inc.
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July 09, 2025
FDA Gets Early Win In Blue States' Abortion Pill Suit
A Washington federal judge has granted an early win to the federal government in a lawsuit from 17 Democratic attorneys general challenging the U.S. Food and Drug Administration's restrictions on access to the abortion drug mifepristone, finding the agency has properly reviewed the drug when issuing regulations.
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July 09, 2025
Stone And Tile Seller Hits Ch. 11 With $65M In Debt, Sale Plans
Mosaic Cos., the parent of stone and tile distributors Walker & Zanger and Surfaces Southeast, filed for Chapter 11 protection in Delaware with $65 million of secured debt after it struggled to rebound from pandemic-caused supply chain disruptions.
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July 08, 2025
IRhythm Argues Patent Owner's Inaction Shouldn't Doom IPRs
A heart monitoring company told the acting U.S. Patent and Trademark Office director that it shouldn't be barred from challenging a patent just because the company had known about it for 12 years, especially when the owner didn't assert it during that time.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Losing A Motion To Dismiss Ruling Isn't Necessarily The End
A recent Delaware Court of Chancery ruling, that the Manti Group had not demonstrated any conflicts of interest favoring private equity fund operator The Carlyle Group, serves as an important reminder that a decision on a pleading motion is not the end of the story, say attorneys at Sidley.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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8 Lessons Yellow Corp. Layoffs Can Teach Distressed Cos.
A Delaware bankruptcy court’s recent decision, examining trucking company Yellow Corp.’s abrupt termination of roughly 25,500 employees, offers financially distressed businesses a road map for navigating layoffs under the Worker Adjustment and Retraining Notification Act, say attorneys at King & Spalding.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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UK Lawyers Can Access Broad US Discovery To Win Cases
Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.