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Delaware
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January 12, 2026
Chancery Tosses Repsol Claims Against Winston & Strawn
The Delaware Chancery Court on Monday dismissed counterclaims brought by Repsol Renewables North America Inc. against Winston & Strawn LLP and one of its partners, ruling that Delaware law does not permit contract-based aiding-and-abetting claims and that Winston & Strawn did not owe fiduciary duties to a minority member in a limited liability company.
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January 12, 2026
US Magnesium Creditors Say Sale Process Was Rigged
The unsecured creditors committee in the U.S. Magnesium bankruptcy has urged a Delaware bankruptcy judge to not give the company permission to sell its assets to its parent company, accusing the parent of manipulating the transaction to grab the assets while leaving other creditors behind.
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January 12, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court closed out the week with developments ranging from leadership changes in a $13 billion take-private case and posttrial sparring over a major earnout to fresh governance fights, revived fraud claims and sanctions tied to advancement rights.
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January 12, 2026
Justices Won't Hear Hertz's $272M 'Solvent Debtor' Appeal
The U.S. Supreme Court said Monday it will not hear an appeal by reorganized rental car giant Hertz Corp. of a Third Circuit decision that it owes $272 million to unsecured creditors from its 2020 bankruptcy.
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January 12, 2026
Supreme Court Won't Hear Appeal Of Boy Scouts Ch. 11 Plan
The U.S. Supreme Court will not hear an appeal by sexual abuse claimants in the Boy Scouts of America's bankruptcy case arguing the Third Circuit got it wrong when it said it can't undo transactions in the organization's Chapter 11 plan.
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January 12, 2026
Justices Won't Hear If Atty Needs Client's OK To Admit Crime
The U.S. Supreme Court on Monday declined to review a New Jersey man's conviction for unlawfully possessing a firearm as a felon, a case that asked if a lawyer could admit part of a crime on a client's behalf when the client himself objected.
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January 09, 2026
Bernstein Litowitz Asks To Exit $13B Endeavor Stock Suit
Bernstein Litowitz Berger & Grossmann LLP asked the Delaware Chancery Court on Friday to allow its attorneys to withdraw as lead co-counsel for the shareholder class action over sports and entertainment company Endeavor Group Holdings Inc.'s $13 billion take-private merger.
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January 09, 2026
Mylan, Aurobindo Must Face Generic Drug Price-Fixing Claims
A Connecticut federal judge on Friday refused to hand a quick win to Mylan Pharmaceuticals and Aurobindo Pharma USA in sprawling antitrust litigation against 26 total pharmaceutical companies, ruling that a coalition of states has enough evidence to raise a genuine dispute about whether the companies conspired to fix drug prices.
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January 09, 2026
Real Estate Recap: Predicting '26
Catch up on this past week's developments by state from Law360 Real Estate Authority — including key asset classes and pending litigation to watch in the new year.
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January 09, 2026
Energy Co. Members Sue In Del. Over 'Musk-Like' Power Grab
Principals of a Delaware-chartered solar energy venture serving developing areas, including in Africa, have sued for Delaware Court of Chancery rulings affirming control of the business, citing moves by a manager who allegedly "hijacked" it, likening himself to Elon Musk and enriching himself, his family and friends.
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January 09, 2026
States Cite Ed. Dept. Outsourcing In Revamped Suit
Democratic state attorneys general added fresh allegations Friday to an ongoing lawsuit over cuts to the U.S. Department of Education, saying the Trump administration has begun offloading some of the department's functions to other agencies.
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January 09, 2026
Biopharma Co. Secures D&O Coverage For Shareholder Suit
A biopharmaceutical company is entitled to coverage for a suit alleging its board breached fiduciary duties under a pair of primary and excess directors and officers policies, a Delaware state court ruled, saying the suit is "meaningfully linked" to a previously noticed demand for books and records.
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January 09, 2026
Gaming Co., Founders Spar Over Survival Game Earnout
A Delaware Chancery Court judge on Friday pressed lawyers for a video game studio's founders and its South Korean parent on sharply divergent explanations for why the founders were fired and control of the company seized, as the sides argued over post-trial relief in a fast-tracked earnout dispute tied to a potential $250 million payout.
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January 09, 2026
4 Argument Sessions That Benefits Attys Should Watch In Jan.
The U.S. Supreme Court will zero in on the methodology for assessing liability for pulling out of a multi-employer pension fund, and the circuit courts will hear bids to revive suits over alleged 401(k) mismanagement and deferred compensation. Here, Law360 looks at a quartet of oral arguments coming up in January.
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January 09, 2026
3rd Circ. Upholds Prudential's Win In 401(k) Suit
A Third Circuit panel on Friday upheld the dismissal of a suit alleging a class of Prudential Insurance Co. workers was deprived of millions of dollars in their retirement plans through mismanagement, agreeing with the lower court's holding that Prudential made careful investment decisions.
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January 09, 2026
How New Judges Can Quell Patent Litigation Fears
Patent litigation has a reputation for being particularly complex due to its technical content, which can be intimidating for litigants, attorneys and judges alike. In the first of a two-part series, several judges in the trenches of patent law spoke with Law360 about how new judges can make patent litigation less overwhelming.
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January 09, 2026
Skechers, Tech Co. Investors Sue For Stock Appraisals In Del.
New entrants have joined two stock appraisal suits now before Delaware's Court of Chancery, potentially adding millions to the stakes in existing battles over the value of shares of footwear venture Skechers Inc. and restaurant software company Olo Inc.
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January 08, 2026
Venezuela Says Citgo Auction Marred By Conflicts
Venezuela pressed the Third Circuit Thursday to overturn an order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt, arguing that the underlying attachment orders are void and that the proceeding was marred by "obvious" conflicts of interest.
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January 08, 2026
VW Can't Nix Bulk Of Tiguan Oil-Guzzling Defect Suit
A New Jersey federal judge on Thursday denied the bulk of Volkswagen Group of America Inc.'s bid to dismiss a proposed class action from drivers in seven states who say their 2022 and 2023 Tiguan vehicles have a defect causing them to consume oil, saying the complaint sufficiently states most of its claims under the seven states' laws.
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January 08, 2026
Holding Co. Sued In Del. For 'Oppressive' Acts, Duty Breaches
Alleging in part "oppressive abuse of discretion" and repeated failures to declare dividends despite a "half-billion-dollar surplus," two minority investors in Geneve Holdings Inc. have sued in Delaware's Court of Chancery for an order compelling five years of back dividend payments along with damages.
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January 08, 2026
3rd Circ. Upholds 24-Year Drug, Fraud Sentence
A Third Circuit panel on Thursday upheld a roughly 24-year prison sentence imposed on a Pennsylvania man convicted of marijuana trafficking and wire fraud, rejecting arguments that the trial judge improperly relied on acquitted conduct, overstated the man's leadership role and imposed an excessive punishment.
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January 08, 2026
3rd Circ. Rules Hotel Room Searches After Checkout Are Legal
The Third Circuit on Thursday ruled that hotel guests are not entitled to a reasonable expectation of privacy after checking out, rejecting an appeal from a man arrested after hotel staff notified police that they found drugs in his room.
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January 08, 2026
Chancery Lifts Stay In Ukraine's PrivatBank Bogus Loan Suit
Saying that "it is now clear this case must proceed at some point," a Delaware vice chancellor on Thursday lifted a four-year-long hold on a Ukrainian bank's six-year-old suit accusing two oligarchs and others of lining up billions in fraudulent loans that funneled — or "recycled" — hundreds of millions into real estate investments in the United States.
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January 08, 2026
Judge Says He'll Approve Ideanomics Plan After Revisions
A Delaware bankruptcy judge said Thursday that he will approve the Chapter 11 liquidation plan for electric vehicle technology company Ideanomics Inc. once an injunction barring future claims in the plan is narrowed in scope.
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January 08, 2026
Delaware Judge Sends Employee Stock Dispute To Trial
The Delaware Chancery Court has refused to let either side bypass an upcoming trial in a dispute between autonomous-robotics company Seegrid Corp. and former employees over the forced repurchase of stock options, concluding that the case is too fact-intensive for summary judgment and should instead be resolved through live testimony.
Expert Analysis
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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What To Know As Rulings Limit NLRB's Expanded Remedies
Two recent appellate decisions strongly rebuke the National Labor Relations Board's expansion of remedies beyond reinstatement and back pay under Thryv, which compensated employees for all direct or foreseeable pecuniary harms, signaling increased judicial skepticism toward the board's broadened remedial authority, says Shay Billington at CDF Labor.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
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Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
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Litigation Funding Could Create Ethics Issues For Attorneys
A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.
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E-Discovery Quarterly: Recent Rulings On Dynamic Databases
Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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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.