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Delaware
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June 06, 2025
Fox Stockholders Press For Election Suit Docs In Chancery
Attorneys for Fox Corp. shareholders are accusing the company of unjustifiably withholding documents sought in Delaware's Court of Chancery related to a derivative suit over the alleged defamation of vote tabulation companies in the midst of the 2020 election.
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June 06, 2025
Real Estate Recap: Hotels, Healthcare REITs, Secondaries
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including where the hotel sector stands at the midyear, which states are trying to curb healthcare investment models and what is fueling the surge in the real estate secondaries market.
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June 06, 2025
Judge Won't Toss 'Patent Ambush' Case Against Clorox, Brita
A Pennsylvania federal judge has shot down a bid from Clorox Co. and its Brita brand to toss an antitrust lawsuit accusing the companies of engaging in a "patent ambush" to corner the market on home water filters, saying the request was premature.
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June 06, 2025
Exelixis Escapes Cancer Drug Invalidity Bid At PTAB
Exelixis has beaten back a challenge to one of its patents covering the blockbuster drug Cabometyx after the Patent Trial and Appeal Board denied Azurity Pharmaceuticals' request to review the patent.
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June 06, 2025
Trump Seeks High Court's OK On Education Dept. Job Cuts
The Trump administration has urged the U.S. Supreme Court to lift a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, arguing that the judge's finding that almost 1,400 employees must be reinstated to ensure the department's continued operation "has no basis in reality."
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June 06, 2025
Judge Questions Trump's Ability To Change Voting Law
A Massachusetts federal judge on Friday questioned assertions by the government that President Donald Trump is authorized by the Constitution's "take care" clause to impose sweeping changes to federal election procedures despite existing statutes.
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June 05, 2025
States, Attys, Groups Push 8th Circ. For ND Tribes' Voting Rights
Nineteen states, 16 former federal attorneys and a slew of civil rights groups are backing two North Dakota tribes in their efforts for an Eighth Circuit rehearing, arguing the appellate court's semantic shift regarding voting rights presents important questions that merit its full consideration.
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June 05, 2025
Del. Court Scuttles Salvage Co. Investor's Doc Suit Appeal
An ocean salvage company stockholder's attempt to refloat a rejected Delaware Court of Chancery suit for documents on a more than decade-long treasure hunt off Cape Cod, Massachusetts, sank again Thursday after a vice chancellor found that a magistrate in chancery made the right call.
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June 05, 2025
3rd Circ. Says Amgen Can Proceed With Subpoena In IP Suit
The Third Circuit on Thursday sided with biotechnology company Amgen Inc. in its efforts to subpoena a competitor that it accused of patent infringement, reasoning that the panel lacked jurisdiction to hear the case because the lower court's decision regarding discovery was not ripe for appeal.
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June 05, 2025
Maryland Judge Halts 'Mass Closure' Of AmeriCorps Programs
A Maryland federal judge on Thursday temporarily enjoined the Trump administration's "mass closure" of AmeriCorps programs in two dozen states and ordered more than 750 national service members be restored, but declined to vacate the firing of AmeriCorps' paid staff.
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June 05, 2025
SPAC Inks $4.75M Deal To End Merger Misrepresentation Suit
The directors and controlling stockholders of special purpose acquisition company Graf Industrial Corp. have agreed to pay $4.75 million to resolve claims that they misled investors ahead of a 2020 merger with Velodyne Lidar Inc.
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June 05, 2025
Boeing Says Ligado Must Decide On Satellite Deal In Ch. 11
Citing critical unknowns in Ligado Networks LLC's proposed Chapter 11 plan, Boeing Satellite Systems has asked a Delaware bankruptcy judge to order Ligado to choose whether to accept or reject a key Boeing contract, and to escrow at least $37.8 million to cure existing defaults before confirmation.
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June 05, 2025
AI Coding App Co. Hits Ch. 7 After Legal Challenges
Engineer.ai, the parent of an artificial intelligence-supported coding app maker, Builder.ai, has filed papers for a Chapter 7 liquidation in Delaware with more than $50 million in liabilities, following litigation regarding claims about its technology and the recent appointment of a new CEO.
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June 05, 2025
Judge Wants Details On Harm From Trump Wind Farm Pause
A Massachusetts federal judge Thursday asked a coalition of states and a clean-energy advocacy group for more specifics about the harm they allegedly will be caused by the Trump administration's decision to pause wind farm permitting, and said he wanted to move forward with a trial "promptly."
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June 04, 2025
Del. Justices Probe Bid For Biden Laptop Suit Revival
A Delaware Supreme Court justice asked a computer repair shop owner's attorney Wednesday if his client had a right to claim anonymity after informing Congress he had a left-behind copy of Hunter Biden's laptop hard drive, in a politically controversial case that originated during President Donald Trump's first term
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June 04, 2025
Venezuela Wants To Delay Citgo Hearing Until September
Venezuela on Tuesday urged a Delaware federal judge to postpone until September a sale hearing for Citgo's parent company that's currently scheduled for next month, saying it needs more time to prepare after his decision last week extending a crucial bidding deadline.
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June 04, 2025
1st Circ. Upholds Block On Trump's Education Dept. Job Cuts
The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.
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June 04, 2025
Cheesesteak Icon Asks 3rd Circ. If Loper Bright Slices Sentence
Counsel for a Philadelphia cheesesteak shop owner seeking a lighter sentence for paying employees off the books told the court Wednesday that he has asked the Third Circuit to consider how the U.S. Supreme Court's landmark decision striking longstanding agency deference framework might affect his case.
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June 04, 2025
Judge Grills Kidde-Fenwal About Missing Info In Disclosures
A Delaware bankruptcy judge Wednesday questioned why firefighting foam maker Kidde-Fenwal did not include in plan disclosures details about the recoveries its creditors can expect under its Chapter 11 proposal, as the debtor prepares to send its reorganization plan out for a vote.
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June 04, 2025
NJ Contractor Tells 3rd Circ. One-Man Rule Voids CBA
A New Jersey contractor told a Third Circuit panel Wednesday that it isn't obliged to negotiate over a successor collective bargaining agreement with union-represented sheet metal workers, arguing it no longer employs any workers represented by the union.
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June 04, 2025
CFPB Resumes $4.2M Redress After Pressure From States
California's Department of Financial Protection and Innovation said Wednesday that the Consumer Financial Protection Bureau is now making good on a $4.2 million redress plan for former students of a shuttered sales-training firm, following agency delays and subsequent pressure from various states.
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June 04, 2025
Fed. Circ. Upholds Moderna's IP Win Over COVID Vax
A Delaware federal judge rightly interpreted claims of two Alnylam Pharmaceuticals Inc. patents, which means Moderna Inc.'s COVID-19 vaccine doesn't infringe them, the Federal Circuit said Wednesday.
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June 04, 2025
Fed. Circ. Won't Revive $15M Patent Verdict Against Google
The Federal Circuit on Wednesday shot down an audio programming patent owner's request to undo a Delaware federal judge's ruling that threw out a $15.1 million jury verdict against Google.
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June 04, 2025
Chancery Strips Amazon, Others From $1.3B Zoox Merger Suit
Delaware's chancellor has kept alive breach of fiduciary duty claims against most directors and two officers of self-driving taxi venture Zoox Inc. over its $1.3 billion acquisition by Amazon, while dismissing Amazon itself and rejecting stockholder fee-shifting claims.
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June 03, 2025
Chancery Tosses 'Generic' Advance Notice Bylaw Suit
Citing the absence of any specific damage claims, a Delaware vice chancellor on Monday dismissed an Owens Corning Inc. shareholder suit challenging company bylaws obliging advance notice of board seat proxy contests.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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What Del. Corporate Law Rework Means For Founder-Led Cos.
Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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3 Del. Bankruptcy Cases Highlight US Trustee Objections
As three recent Delaware bankruptcy cases show, debtors who seek approval of a stalking horse bid protections agreement should be prepared for the U.S. Trustee Office's objections, including if the proposed classification for the bid protections is a superpriority administrative expense claim, says Kyle Arendsen at Squire Patton.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.