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Delaware
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September 05, 2025
Delaware Powerhouse: Pachulski Stang
The robust roster of seasoned bankruptcy professionals at Pachulski Stang has kept it on the leading edge of Delaware's insolvency industry as it continues to represent an array of clients, including debtors Yellow Corp., Sientra Inc. and Synthego Corp., and creditors for Village Roadshow, Weight Watchers and 99 Cents Only.
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September 05, 2025
3rd Circ. Says Atty Needs Client OK To Admit Crime Elements
The Third Circuit has upheld a New Jersey man's conviction for unlawfully possessing a firearm as a felon, ruling that his lawyer could not admit part of the crime on his behalf when the client himself objected.
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September 05, 2025
CEO's Alleged Threat After Records Demand Prompts Del. Suit
A major stockholder and officer of a health risk software venture who reported receiving a threatening reply from the company's CEO when he requested records has sued for the documents in Delaware's Court of Chancery, saying the earlier request was otherwise ignored.
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September 04, 2025
18 States Fight Trump Admin's Bid To End Haitian Protections
A coalition of 18 states led by Massachusetts, California and New York has thrown its weight behind immigrants challenging the Trump administration's effort to remove temporary protected status for more than 250,000 Haitians in D.C. federal court, arguing TPS-eligible Haitians contribute $4.4 billion annually to the U.S. economy.
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September 04, 2025
Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal
A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.
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September 04, 2025
Mary Kay Co-Founder Sues Co. In Del. For Texas Legal Fees
The co-founder and executive chairman of Mary Kay Holding Corp. has sued in Delaware's Court of Chancery for legal fee advancements related in part to a billion-dollar-plus father-son battle in a Texas court over control of family trusts supported by the decades-old cosmetics empire.
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September 04, 2025
Hedge Fund Shareholders Push To Dismiss $300M Asset Suit
A derivative lawsuit from shareholders who allege that leaders of an investment fund allowed an exchange of over $300 million in diversified assets for "worthless" illiquid equity considers a novel issue of Delaware law and should be dismissed without prejudice, counsel for the shareholders told the North Carolina Business Court on Thursday at a hearing.
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September 04, 2025
GSK Adds Moderna's New COVID Vaccine To Del. IP Suit
GlaxoSmithKline Biologicals is broadening its patent infringement suit against Moderna Inc. to include the latter's new family of COVID-19 vaccines, mNEXSPIKE.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
Solar Co. Meyer Burger Unit Gets OK For $29M Ch. 11 Sale
The U.S. unit of Swiss solar-panel maker Meyer Burger secured a Delaware bankruptcy judge's approval Thursday to sell its assets for $28.7 million in Chapter 11, defeating an objection to the deal from unsecured creditors who charged that it benefits secured creditors but no one else.
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September 04, 2025
3rd Circ. Preview: Sept. Features Biosimilars, Gambling Cases
The Third Circuit's September argument lineup is packed with cases centering on the biosimilars segment of the pharmaceutical industry and gambling companies embroiled in disputes originating from New Jersey.
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September 04, 2025
Delaware Powerhouse: Morris Nichols Arsht & Tunnell
Nearly 100 years after the founding of what has become one of the nation's top corporate and commercial law firms, Delaware-headquartered Morris Nichols Arsht & Tunnell LLP is heading into its second century in the thick of high-stakes litigation and as a leader in multiple practice areas.
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September 03, 2025
Derivative Claim Miss Dooms Chancery Squeeze-Out Suit
A minority stockholder suit alleging a $15 million "sham foreclosure" of storage venture Clutter Holdings Inc. — allegedly once worth $1.2 billion — was tossed Wednesday in Delaware's Court of Chancery, in a ruling that found the claims unsupportable or derivative and ineligible for direct investor recoveries.
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September 03, 2025
3rd Circ. Says Preclusion Ends NJ Foreclosure Fight
The Third Circuit affirmed a bankruptcy court's order allowing Nationstar Mortgage to proceed with a home foreclosure sale, finding that the homeowner was trying to relitigate the exact same issues she had already lost in state court.
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September 03, 2025
SilverRock Gets More Time To Control Its Ch. 11 Case
Bankrupt California resort developer SilverRock Development received approval to extend the exclusive control window in its Chapter 11 case for four months, with a Delaware judge saying the debtor has made enough progress in the complex proceedings to warrant the extension.
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September 03, 2025
Del. Justices Mull Sports Media Co. Investors' Doc Appeal
An attorney for sports streaming platform FloSports Inc. told a Delaware Supreme Court panel on Wednesday that three company stockholders put themselves in a "self-inflicted" predicament by pursuing revised, but unsupported, demands for company documents that were ultimately dismissed by the state's chancellor.
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September 03, 2025
Wash. Court Pressed To Immediately End EV Funding Freeze
Clean energy advocates have urged a Washington federal judge to wipe out the Trump administration's decision to freeze funding for new electric-vehicle charging infrastructure, saying the government can't be allowed to drag its feet on a pledge to restore funding.
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September 03, 2025
Tech, Small Biz Groups Push Against Value-Based Patent Fees
An array of groups representing tech companies, small businesses and more wrote a letter to the leaders of the House and Senate Judiciary Committees, urging them to oppose the Trump administration's reported plan to charge patent owners a new fee based on the value of their patents.
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September 03, 2025
Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.
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September 03, 2025
Delaware Powerhouse: Potter Anderson
Potter Anderson has had a busy year between defending Mark Zuckerberg and Meta in Chancery Court cases, handling intellectual property cases for Apple, Google and IBM, representing Walmart in opioid, talc and Roundup bankruptcy cases and guiding Global Infrastructure Partners in its $12.5 billion sale to Black Rock.
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September 02, 2025
Fed. Circ. Told PTAB Ineligibility Rule Flouts Due Process
Marketing software company HighLevel Inc. has urged the Federal Circuit to prohibit the Patent Trial and Appeal Board from retroactively applying a decision barring patent reviews after a district court has found the patent invalid on eligibility grounds, saying the practice violates due process.
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September 02, 2025
Defamation Litigation Roundup: Patel's GF, Dershowitz, Nunes
In this month's review of defamation fights, Law360 reports on a new suit by the girlfriend of the current FBI director over a podcaster's claims that she was an Israeli intelligence agent, as well as the latest settlement between a voting machine company and a conservative news organization over 2020 election claims.
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September 02, 2025
DOJ Says Illinois Tuition Perks Illegally Disfavor US Citizens
Illinois is breaking federal law by providing in-state tuition, scholarships and other benefits to people who entered the country illegally and in doing so is discriminating against American citizens, the U.S. Department of Justice said Tuesday.
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September 02, 2025
Del. Jury Awards $1.5M In Text Marketing Patent Trial
A Delaware federal jury has awarded $1.5 million for patent infringement in a case between two companies that offer short message service marketing systems and that each alleged infringement of the other's intellectual property.
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September 02, 2025
Del. Court Tosses Trump Media Suit, Avoids Immunity Fight
Citing multiple reasons to dismiss former consultant claims that they were cheated during the take-public workup for President Donald Trump's "Truth Social" media site, a Delaware vice chancellor on Tuesday tossed the suit while declining to consider assertions that presidential immunity barred the court from going forward.
Expert Analysis
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Del. Dispatch: Open Issues After Corp. Law Amendments
Recent amendments to the Delaware General Corporation Law represent a significant change in the future structuring of boards and how the First State will approach conflicted transactions, but Delaware courts may interpret the amendments narrowly, limiting their impact, say attorneys at Fried Frank.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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What Del. Supreme Court LKQ Decision Means For M&A Deals
The Delaware Supreme Court's recent decision in LKQ v. Rutledge greatly increases the enforceability of forfeiture-for-competition provisions, representing an important affirmation of earlier precedent and making it likely that such agreements will become more common in M&A transactions, say attorneys at Mayer Brown.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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How Courts Weigh Section 1782 Discovery For UPC Cases
A look at cases from six different federal district courts reveals a number of discretionary factors that influence how courts consider Section 1782 discovery applications in connection with Unified Patent Court proceedings, say attorneys at Finnegan.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.