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Delaware
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December 08, 2025
Fed. Circ. Won't Revive Express Mobile's Patents Or $40M Win
The Patent Trial and Appeal Board rightfully invalidated claims of three Express Mobile web-design patents, and a Delaware federal judge properly found Shopify didn't infringe additional, related patents, the Federal Circuit held Monday.
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December 08, 2025
Chancery Blocks Opt-Out In $32M Emisphere Settlement
The Delaware Chancery Court on Monday signed off on a $32 million class settlement over Emisphere Technologies Inc.'s $1.8 billion sale to Novo Nordisk AS, rejecting Emisphere investor IsZo Capital LP's push to opt out and pursue its own claims and trimming the investors' fee request to a 23.5% cut of the fund.
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December 08, 2025
Judge Backs Cutting $800M In FTX Ch. 11 Claims
A federal appellate judge has upheld the Delaware bankruptcy court's decision to pay out almost nothing on $800 million in claims against collapsed cryptocurrency exchange FTX, agreeing with the bankruptcy judge that the crypto assets tied to those claims were essentially worthless.
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December 08, 2025
Bernstein Litowitz Corp. Founder Returns To 'Stabilize' Group
Bernstein Litowitz Berger & Grossmann LLP announced Monday that it has welcomed back a prominent shareholder lawyer to co-lead its corporate governance practice following the controversial departure of the group's former leader to launch a boutique firm.
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December 08, 2025
Del. Chancellor Finds Prince Estate Battle Will Play On
Delaware's chancellor on Monday tossed some but not all amended counterclaims in a long-running battle among some relatives of the musician known as Prince and managing members of his estate, while saying a neutral party could help resolve the case.
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December 08, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions.
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December 08, 2025
Justices Turn Down Machine Learning Patent Eligibility Case
The U.S. Supreme Court on Monday left intact a decision that Recentive Analytics Inc. machine learning patents are invalid for claiming only abstract ideas, turning aside the company's argument in a dispute with Fox Corp. that the ruling effectively bars many artificial intelligence patents.
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December 05, 2025
Fed. Circ. Questions Whether Ingevity Can Duck $85M Verdict
The Federal Circuit spent Friday morning debating whether Ingevity Corp.'s argument that it should be immune from an $85 million antitrust verdict holds water because the chemical and carbon product maker thought it was enforcing its patent rights, even though the jury said it was illegal tying.
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December 05, 2025
SG Urges Justices To Hear Hikma's 'Skinny Label' Patent Case
The U.S. solicitor general on Friday urged the U.S. Supreme Court to hear Hikma Pharmaceuticals Inc.'s appeal of a decision reviving a patent suit involving its "skinny label" on a generic heart drug, saying the ruling puts the availability of lower-cost generics at risk.
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December 05, 2025
Constellation To Sell Power Plants For $26.6B Calpine Deal
The U.S. Department of Justice said on Friday that enforcers have reached a deal allowing Constellation Energy Corp.'s $26.6 billion purchase of Calpine Corp. to move ahead, with the sale of power plants located in Delaware, Pennsylvania and Texas.
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December 05, 2025
9th Circ. Won't Unfreeze Trump Cuts To Student Mental Health
The Ninth Circuit rejected the Trump administration's effort to undo a lower court's pause on federal funding reductions to K-12 mental health services, siding with a coalition of 16 states seeking to preserve programs established in the wake of high-profile school shootings.
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December 05, 2025
Judge Won't Lift Stay On Hopewell Drug Launch
A Delaware federal judge has shot down Hopewell Pharma Ventures' bid to lift a regulatory stay on approval of its planned generic version of German drugmaker Merck's blockbuster multiple sclerosis drug Mavenclad.
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December 05, 2025
3rd Circ. Backs NJ In-State Rule For Medical Aid In Dying
A Delaware woman with terminal cancer cannot end her life with medical assistance in New Jersey, the Third Circuit ruled Friday in a precedential opinion, finding that the Garden State residency requirement for medical aid in dying is restricted solely to New Jerseyans.
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December 05, 2025
3rd Circ. Clears Philadelphia Cops In Fatal Chase Crash
The Third Circuit ruled Friday that Philadelphia police aren't liable for the death of a bystander struck by an alleged drug dealer fleeing the cops, reasoning in a precedential decision that the officers didn't intend to harm.
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December 05, 2025
Energy Dept. Defends $7.5B Grant Cuts In Political Bias Case
The U.S. Department of Energy has urged a federal judge in Washington not to block its termination of energy project grants worth more than $7.5 billion, arguing there is no merit to claims alleging the federal government unconstitutionally targeted funds for Democratic-leaning states.
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December 05, 2025
Miss. Casino Owner Pressured Lowball Buyout, Suit Says
Former minority stockholders of a Mississippi-based gambling resort sued the casino operator's majority owner in the Delaware Chancery Court on Friday, alleging he used a coercive and information-starved tender offer to scoop up shares cheaply before the company issued a multimillion dividend.
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December 05, 2025
US Magnesium Creditors Again Ask Judge To Nix Ch. 11 Loan
US Magnesium's unsecured creditors committee has once again urged a Delaware bankruptcy judge not to give final approval to the former magnesium producer's $10 million Chapter 11 loan, saying it only benefits US Magnesium's secured lenders and parent company.
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December 05, 2025
Insurance Broker Accuses Ex-Producers Of Client, Info Theft
Insurance brokerage Trucordia told the Delaware Chancery Court that it has lost tens of thousands of dollars in annual commission revenue after two former producers diverted clients, employees and confidential information to a competing firm and their new venture in violation of various employment and equity holder agreements.
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December 05, 2025
Medline Accused In Chancery Of Withholding $10M Earnout
A Florida-based holding company and its founder have sued medical supplier Medline in the Delaware Chancery Court, alleging it deliberately refused to make a $10 million payment tied to a 2023 acquisition, missed a hard deadline and is now acting in bad faith to avoid paying the key portion of the sale price.
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December 04, 2025
Judge Weighs Venue For $146M Chilean Hospital Award Feud
A Connecticut federal judge Wednesday appeared sympathetic to arguments that a Chilean construction company's petition to enforce a $146.5 million arbitral award against Italian construction giant Webuild belongs in Italy.
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December 04, 2025
Insurance Broker Tech Leader Sued In Del. Over Market Power
Alleging potential "mid-nine figures" in damages, insurance broker software venture Ardent Labs Inc. has filed a five-count suit in Delaware's Court of Chancery accusing an industry leader — Applied Systems Inc. — of "anticompetitive conduct that violates the letter and spirit of antitrust law."
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December 04, 2025
Judge OKs Plan Disclosures For AmeriFirst In Ch. 11
A Delaware bankruptcy judge agreed Thursday to grant conditional approval for bankruptcy mortgage servicer AmeriFirst's disclosure statement outlining its Chapter 11 plan, finding the objections raised by the U.S. Trustee's Office are best reserved for the plan confirmation hearing.
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December 04, 2025
Pharma Cos. Denied Early Win In States' Price-Fixing Suit
Twenty-six pharmaceutical companies failed to secure a quick win on overarching conspiracy claims in an antitrust case by the attorneys general of Connecticut and most other states, with a federal judge finding the "substantial bulk of evidence" points toward a broad industry scheme to fix 98 dermatology drug prices.
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December 04, 2025
Del. Justices Nix Challenge To $1.1B Smart & Final Sale
A three-justice Delaware Supreme Court panel has rejected with little comment a bid to revive a stockholder suit alleging disclosure failures and conflicted moves ahead of the $1.1 billion April 2019 sale of Smart & Final Stores Inc. to interests of Apollo Global Management.
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December 04, 2025
Appeal Of US Atty Invalidations May Be 'Devastating' To DOJ
As the list of interim and acting U.S. attorneys found to be unlawfully appointed under President Donald Trump grows, so too does the pressure on his administration to make the next move, which could force a risky strategic decision on whether to push the issue up to the U.S. Supreme Court, experts said.
Expert Analysis
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Using Federal Forum Provisions To Nix State Securities Cases
A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Chancery Ruling Raises Bar For Advance Notice Bylaws Suits
The Delaware Court of Chancery's recent ruling in Siegel v. Morse will make it more difficult for plaintiffs to successfully challenge advance notice bylaws before the emergence of an actual or threatened proxy contest, presumably reducing the occurrence of such challenges, say attorneys at Venable.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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Patenting AI And Machine Learning In The Wake Of Recentive
Though the Federal Circuit's recent decision in Recentive Analytics v. Fox Corp. initially appears to doom patents related to artificial intelligence and machine learning, a closer look shows that strategies for successfully drafting and prosecuting such patents offer hope despite increased pushback from the U.S. Patent and Trademark Office, say attorneys at Banner Witcoff.
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Del. Bill Reflects Nat'l Tug-Of-War Between Cannabis, Alcohol
As Delaware's bill targeting hemp-derived THC beverages and ingestible products moves through the general assembly, it reads like a local regulatory fix — but in reality, it's a microcosm of a national power struggle playing out state-by-state across the cannabis frontier, says attorney Peter Murphy.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Maintaining Legal Compliance For GenAI In Life Sciences
As companies continue to implement generative artificial intelligence to enhance all phases of drug discovery, they must remain mindful of legal, regulatory and practical considerations as best practices in this space emerge and evolve, say attorneys at Sullivan & Cromwell.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Navigating The Expanding Frontier Of Premerger Notice Laws
Washington's newly enacted law requiring premerger notification to state enforcers builds upon a growing trend of state scrutiny into transactions in the healthcare sector and beyond, and may inspire other states to enact similar legislation, say attorneys at Simpson Thacher.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Maneuvering The Weeds Of Cannabis Vertical Integration
The conversation around vertical integration has taken on new urgency as the cannabis market expands, despite federal reform remaining a distant dream, so the best strategy for cannabis operators is to approach vertical integration on a state-by-state basis, say attorneys at Sweetspot Brands.
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Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling
The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.